New Mexico Job Seekers Don’t Have to Disclose Criminal Records
March 9, 2010
Here is an interesting trend that we will be watching.
The New York Times reports:
New Mexico became the second state to ”ban the box” with Gov. Bill Richardson’s signature on a law prohibiting employment applications for government agencies from asking job seekers if they’d been convicted of a crime.
The measure was signed Monday and covers job applications for state, county or local government but not private business.
The legislation doesn’t prohibit employers from asking the question once they’re face-to-face with applicants and doesn’t stop them from doing background checks.
It passed the New Mexico Senate 35-4 and the House 54-14.
The National Conference of State Legislatures and the National Employment Law Project say Minnesota passed similar legislation in 2009, becoming the first state to outlaw the conviction question.
Legislative Alert - Maryland HB175 Seeks to Limit Use of Credit Reports by Employers
February 3, 2010
We just received this alert from The National Association of Professional Background Screeners (NAPBS).
Maryland HB175 Seeks to Limit Use of Credit Reports by Employers
Maryland House Bill 175 would prohibit an employer from using an applicant’s or employee’s credit report or credit history in determining whether to deny employment to the applicant, discharge the employee or determine compensation or terms, conditions, or privileges employment; authorizing an employer to request or consider an applicant’s credit report or credit history under specified circumstances; authorizing an applicant or employee to bring an action for injunctive relief, damages, or other relief for a violation of a specified provision of law; etc.
We urge you to participate in this action alert to communicate the impact this will have on employers in Maryland and on companies providing background screening services both in Maryland and nationally.
Here is the letter that we’ve sent:
Dereck Davis, Chairman, House Economic Matters Committee
Re: MD House Bill 175
I am writing in opposition to House Bill 175 - Credit Reports and Credit Histories of Applicants and Employees. This bill, if enacted, would effectively prohibit employers from utilizing credit history in hiring prospective employees.
We are a member of the National Association of Professional Background Screeners (NAPBS) which represents over 700 members and their respective companies. Our company is a national provider of background check and credential verification information for employers. Our clients are representative of the more than 88% of companies in the US who perform background checks on their employees across the country. Our information products protect employers from liability and ensure that newly hired employees pose no financial risk.
Credit reports are integral to the hiring process because employers must determine the accuracy and completeness of a job application. Credit reports are used for employment checks to show former addresses, former employment, and the financial situation of a prospective employee. By using credit reports in the hiring process, employers avoid wasting resources on recruiting, hiring, and training new employees, only to find out later that the hiring decision was based on incomplete or falsified information. Also, employers use credit reports to safeguard against internal theft that can be a result of employees who can not meet their monthly financial obligations.
The use of credit reports for employment decisions is governed and expressly allowed by the federal Fair Credit Reporting Act (FCRA). Under the FCRA, an employer must give the consumer notice that a credit report may be used in the hiring process and require the consumer’s written consent to access their credit report. The FCRA provides important consumer protections by requiring a notice by the employer if an adverse action is taken; i.e. the applicant is not hired. The notice includes the name, address, and phone number of the consumer reporting agency or credit reporting agency that supplied the report. Additionally, under existing federal law, potential employees already receive certain protections relating to employer consideration of prior bankruptcy filings.
It is our hope that Maryland employers will be allowed the continued use of credit reports for hiring decisions. If you have any questions concerning how credit reports are used by employers to make decisions, please feel free to contact me. Thank you for your time and consideration of our views.
Sincerely,
Chris Miller
President
FYI Screening, Inc.
Q&A On Using Social Networks For Background Screening
January 26, 2010
I found an excellent Q&A regarding employee background screening on Human Resource Executive Online.
Question:
Can you provide the parameters for HR in the use of information discovered on the Web, such as Facebook, as it applies to job applicants?
Answer:
Social networks and blogging sites can provide an inexpensive and easy way for employers to gather a plethora of information about potential job applicants. However, employers should think twice about using information found on social-networking sites to make employment decisions because the use of such information could lead to the potential risk of employer liability.
This is because these sites contain information about job applicants that employers would not be permitted to ask about during any job interview. Therefore, using, and in some cases, simply accessing these pages for employment purposes can result in violations of various anti-discrimination statutes, privacy laws, state “off-duty” conduct statutes, and federal and state Fair Credit Reporting Acts.
For the complete article click here.
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Photo Credit: webtreats
How to Stay Up-To-Date On E-Verify
January 22, 2010
Get E-Verify updates via Ogletree Deakins, one of the largest immigration practices in the United States.
Download Ogletree Deakins’ Monthly Immigration eAuthority by clicking on the following:
E-Verify Facts:
- E-Verify is a voluntary program for employers, with limited exceptions.
- Companies can access E-Verify online and compare an employee’s Form I-9 information with over 444 million records in the Social Security Administration database, and more than 60 million records in Department of Homeland Security immigration databases.
- More than 182,000 employers are enrolled in the program, with over 8.7 million queries run through the system in fiscal year 2009.
- There have been over 3.6 million queries run through the system in fiscal year 2010 (as of January 16, 2010).
- E-Verify is an essential tool for employers committed to maintaining a legal workforce, and the number of registered employers is growing by over 1,200 per week.
*Reported by Department of Homeland Security
Advantages of using FYI Screening for E-Verify:
- As a designated E-Verify service provider, FYI Screening can help you join the growing ranks of those employers who use the E-Verify system to confirm the legal status of workers in the United States.
- Seamless integration into our online background screening system. When you order a background check on an applicant you can easily order an E-Verify check.
- Quick, accurate results
- Confirmation number provides streamlined record-keeping in one convenient online location. This is great for companies with multiple locations.
- Reduces liability by providing an electronic trail for auditing.
For more information about E-Verify, please contact us at 1-800-809-2419 or click here.
8 Tips On How Employers Can Minimize Risk Of Workplace Violence
January 22, 2010
I just read an excellent article from the The Houston Chronicle entitled “Employers can minimize risk of workplace violence.”
The author stresses these important points:
“While violence cannot always be anticipated, this does not relieve employers of their obligation to provide a safe workplace. First, federal law requires it. With the Department of Labor adding investigators and stepping up workplace safety enforcement, compliance with Occupational Safety and Health Administration regulations should be a management priority. Second, workers compensation insurance provides Texas employers only limited protection against liability from the inevitable lawsuits following a workplace tragedy.”
Here are the the 8 Tips On How Employers Can Minimize Risk Of Workplace Violence from the article:
- Accept reality: The recent shootings reinforce the fact that the risk of workplace violence is omnipresent. Employers must be proactive to prevent or minimize exposure to such incidents.
- Use effective pre-employment documents and conduct background checks: An effective application coupled with valid legal releases and disclaimers provide key information on the applicant. Employers should conduct background investigations to discover prior convictions, litigation history, motor vehicle records, employment references, credit history, education records and other relevant background information concerning the applicant.
- Establish policies on workplace violence: Employers should establish a written zero-tolerance position on violence, threats or abusive language and make clear that any violation of these rules can be grounds for termination. A workplace violence policy should also include a procedure to confidentially report threats.
- Conduct substance-abuse testing: Private employers should test all applicants and employees for substance abuse to the extent allowed by law. Negative test results should be a condition of employment.
- Develop procedures for investigating threats: These procedures should include specific guidelines for conducting an investigation and interviewing witnesses and the individual who allegedly made the threat. To the extent necessary, employers should retain security consultants, psychologists, attorneys or other professionals for advice on how to handle threats quickly, effectively and legally.
- Train supervisors and employees: Supervisors should be instructed to identify violence risks and report all threats to management immediately. Supervisors should be trained in conflict resolution, stress management, managing change in the workplace and recognizing the early warning signs of violent employees. They should also be trained to be sensitive to the fact that seemingly small issues can suddenly escalate into workplace problems. Employees should be trained regarding their responsibility to report threats or violence.
- Implement an employee assistance program: EAPs can help employees who are having a difficult time handling stress in their lives.
- Audit and improve security measures: Employers should establish a relationship with local law enforcement officials and a security consultant. Employers should also conduct an audit to determine areas of vulnerability and/or procedural weaknesses. Basic systems for protecting property, such as lighting, pass keys or cards, intercoms, employee identification, surveillance or alarm equipment and other systems or devices should be considered.
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