Does Your Background Screening Program Need A Check-Up? - What’s Hot in Background Screening News
February 2, 2012
Welcome to our monthly edition of “What’s hot in employee background screening news”. If you want to become smarter about background screening, you’ve come to the right place. Here are some of the news items that caught our attention last month.
Pre-Employment Criminal Background Checks: Learning from Pepsi’s $3.13 Million Mistake
Pepsi has agreed to pay $3.13 million and provide job offers and training to resolve a charge of race discrimination filed by the U.S. Equal Employment Opportunity Commission (EEOC). Based on the investigation, the EEOC found reasonable cause to believe that the criminal background check policy formerly used by Pepsi discriminated against African Americans in violation of Title VII of the Civil Rights Act of 1964.
Screening Your Background Screener
The employee screening environment is rapidly evolving, making it hard for businesses to keep up. That’s just one reason why businesses are either outsourcing background checks to a partner or are not conducting screenings at all.
For those not conducting pre-employment screening, the case for reconsidering is air tight. If you’re working with an expert partner, it’s important to stay on top of the changing nature of background checks to be sure you’re working with the best partner for your business.
5 Reasons Why Criminal Background Checks Are a Perfect Storm for a Lawsuit
Criminal background checks of job applicants seems to have reached a tipping point as a topic in employment-law circles. So, what are the key components leading to this perfect storm of EEO laws and how can an employer avoid the perfect storm?
Former Domino’s Pizza Employees Allowed to Proceed with Class Action Against Company for Background Check Violations
On January 25, 2012, United States District Court Judge Deborah K. Chasanow denied Defendant Domino’s Pizza’s Motion to Dismiss in Singleton, et al., v. Domino’s Pizza, LLC, 8:11-cv-01823-DKC (D. Md.).
In a lengthy opinion, the Court ruled that the plaintiffs properly alleged that Domino’s violated the Fair Credit Reporting Act by (1) running background checks on employees without proper authorization; and (2) “systematically” failing to provide employees with copies of their background checks prior to taking adverse employment action against them.
Following Deadly Stabbing, Restaurant Could Face Penalty For Hiring A Felon
The killing of a south Charlotte store manager – allegedly by a felon hired to work there – highlights the risks companies take when they hire an employee with a criminal record, or don’t do a full background check on applicants.
No Background Check Done: Bookkeeper Accused of Stealing $1 Million From Archdiocese
When a church worker was hired by the archdiocese in June 2003, it did not perform criminal background checks on prospective employees, as it does now. Church officials were unaware until recently that the bookkeeper had been previously convicted of grand larceny in one case and had pleaded guilty to a misdemeanor in another.
Social Media Background Checks : Off-duty Conduct Laws :: Oil : Water
One report suggests that as many as 91% of employers use social networking sites to screen potential employees, with as many as 69% of employers rejecting a candidate because of information discovered on a social site.
Jon Hyman, from Ohio Employer’s Law Blog, has written about some of the risks employers face when conducting background checks on employees via Facebook or other social media sites.
He gives us one more risk to consider: off-duty conduct laws.
29 states have laws that prohibit employers from taking an adverse action against an employee based on their lawful off-duty activities.
Photo credit: JelleS
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The Importance of Quality Background Checks - What’s Hot in Background Screening News
December 1, 2011
Welcome to our monthly edition of what’s hot in employee background screening news. If you want to become smarter about background screening, you’ve come to the right place. Here are some of the news items that caught our attention last month.
Unauthorized employee recommendations, references on social media may put employers at risk
Employers are beginning to realize that their employees are sending or receiving recommendations on social media sites, such as LinkedIn, about co-workers’, vendors’, and customers’ work performance or services that are inconsistent with the employer’s policies. Worse yet, they may even be providing false or fraudulent information. Employers need to take a hard look at their employees’ recommendations on social media.
Woman on a crusade for change after her sister was murdered by an air duct cleaner in Florida
When you have work done at your home, do you know who’s coming to your door?
Two local women thought they were safe calling Sears to have their air ducts cleaned.But it turned into a nightmare after a convicted felon with a history of harassing women showed up to do the work.
This could happen to you too, even if the company you hire does background checks.
Background check law could get some Pennsylvania teachers fired
A new Pennsylvania law requiring all school workers to disclose their criminal history could see some employees who have been convicted of various crimes lose their jobs.
The law, signed by Governor Tom Corbett in June, went into effect in September and mandates background checks for all employees of public, private and vocational schools. Administrators must notify employees of the law and have them return a form reporting any criminal history by December 27.
Employer held responsible for negligent hiring: Kansas City-area lawyers win $7M verdict over truck crash
A group of Kansas City-area lawyers won a $7 million verdict Thursday for the family of an Arkansas truck driver killed in a 2008 accident.
The truck driver who caused the accident — a driver whose license had been twice revoked — was hired negligently, said lead attorney Kent Emison.
In a statement, Emison said the company could have learned of Quisenberry’s driving history in 15 minutes through a simple background search. He said the verdict is part of a growing trend of employers being held responsible for negligent hiring.
How effective are background checks in protecting children from abusers?
Experts point a various problems that make it difficult to truly protect children.
Many molesters fly under the radar and don’t have contact with law enforcement for years. Many organizations only do a criminal background check when someone is employed and don’t re-check periodically. Offenders at times plead to lesser charges that might not raise flags. And even Megan’s Law, designed to create as sex-offender registry, has loopholes.
Cracks in background check system give drug abusers, mentally ill access to guns
Gaps in the Federal Background Check system may be putting guns in the hands of killers, according to a new report by Mayors Against Illegal Guns.
The report finds two huge gaps in the National Instant Criminal Check System (NICS). The biggest one, and hardest to fix, boils down to a communication problem. Many states and state agencies do not cooperate with the system. The blame doesn’t fall on solely on state agencies, federal agencies don’t comply with the background check system either.
Texas state criminal database is flawed
According to a recent report by the Texas State Auditor’s Office, nearly one out of every four criminal records is incomplete, while some are completely missing for the state’s database.
Thousands of Texas businesses, day cares, schools use the state’s database for criminal background checks.
Photo credit: Johan AP
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Credit Checks and the EEOC: What’s Hot in Background Screening News
November 1, 2011
Welcome to our monthly edition of what’s hot in employee background screening news. If you want to stay up-to-date with background screening, you’ve come to the right place. Here are some of the news items that caught our attention last month.
Connecticut Limits Use of Credit Checks in Employment
A new Connecticut law that took effect on October 1, 2011 (Public Act 11-223) makes it unlawful for most Connecticut employers to require employees or prospective employees to consent to requests for credit reports that contain information about their credit scores, credit account balances, payment history, savings or checking account balances, or account numbers. Connecticut is one of only a few states that have enacted such a law.
National Retail Federation Releases Research on Retailer Use of Background Screenings
Today NRF released its first piece of research on the topic of background screening. We polled retail executives from 96 of the nation’s leading department stores, mass merchants, discounters, drug stores, grocery stores and restaurants to examine their use of background screenings before and during the application and employment process.
The findings? Nearly all retailers – a whopping 97% – utilize background screenings in some form during the application, hiring and employment process, according to the survey. Additionally, a majority of retailers surveyed report that human resources (56%) and loss prevention departments (39.4%) are most often charged with criminal background screenings and similarly are the same departments that can override employment decisions to ensure a fair and open process for all applicants and employees.
Criminal Records May Not Appear on Background Checks in Texas
Background checks used to screen people in crucial occupations may not turn up criminal records because of gaps in the Texas records database, a new state audit shows.
Prosecutors and courts have failed to submit to the state disposition records on about 1 in 4 arrests in 2009, the audit found. While that is a slight improvement from a 2006 audit, it still means agencies doing the checks can’t rely on the Department of Public Safety Computerized Criminal History System for complete information, the audit found.
California Joins Other States in Placing Restrictions on Employers’ Use of Credit Checks
On October 10, 2011, Governor Brown signed into legislation Assembly Bill No. 22, which generally prohibits employers from using an applicant’s or employee’s credit history in making employment decisions. Prior to this legislation, employers could request a credit report for employment purposes if they provided prior written notice of the request to the person for whom the report was sought. Assembly Bill 22 significantly changes this landscape by prohibiting employers from using credit reports for employment purposes unless the report is used for one of the limited purposes enumerated by the statute.
Using Arrest and Conviction Records for Hiring. What Does the EEOC Say?
The Peace Corps asked the EEOC for an opinion on the legality of its use of conviction and arrest records to screen potential volunteers. In response, the EEOC published an informal opinion letter, which offers guidance for employers who are considering using conviction or arrest as part of their screening processes.
Hot Topics in Pre-employment Screening (two-part series on pre-employment screening)
An increasing number of employers are conducting some form of pre-employment screening on job applicants. Employers are researching not only a candidate’s educational qualifications and prior job history, but also a candidate’s criminal history, credit history and online presence. At the same time, the Equal Employment Opportunity Commission (EEOC) and various states have begun scrutinizing the legality of some of these practices.
Legal Issues Surrounding Social Media Background Checks
The legal risks of making employment decisions using the Internet have become a real concern for businesses, especially when you consider that 54% of employers surveyed in 2011 acknowledged using the Internet to research job candidates. The actual number of employers using the Internet is probably higher, and sometimes companies may not even be aware that their employees are researching job candidates and factoring that information into their evaluations. This is yet another reason to establish an internal procedure for researching job candidates, and communicating your procedure to employees who are participating in the employment process.
Social Media And Employee Background Screening
June 17, 2010
I just read another excellent article on the red hot topic of social media and employee background screening. It’s titled “Social Networking Sites: Savvy Screening Tool or Legal Trap?” written by Christa Richer Cook, an employment law attorney with the law firm Bond, Schoeneck & King, PLLC.
For more information, read these related blog posts:
- Q&A On Using Social Networks For Background Screening
- 4 Tips On How To Use Social Networks For Employee Screening
- Employee Screening Through Social Networks
- Twitter and Employment Law Issues
- The Pros & Cons of Googling Candidates
Do you have questions about your employee background screening program?
Our experts are here to help. Ask a background screening expert.
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Over 100 Employee Background Screening Resources
June 7, 2010
Our YouTube Story On Employee Background Screening
May 12, 2010
Best Employee Screening Articles For October & November 2009
December 2, 2009
In case you missed any of our employee screening articles for October and November, here’s a quick recap of our most popular:
- Florida Lawmakers Pledge Changes To Their Background Screening Program
- Sex Offender Safety Tips
- No Background Check? No Problem - Cracking Down On The Gun Show Loophole
- How A Woman Falsified Her Nursing Credentials For 18 Years
- University Removes New-Hire DNA Testing From It’s Background Check Policy
- Genes and Jobs: Can Employers Use Your DNA For A Background Check?
- 100% Of Companies Will Be Using Social Networks As Part Of Their Employee Screening Program By 2012
- How To Protect Your Company When Googling Job Applicants
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How To Protect Your Company When Googling Job Applicants
November 12, 2009
Earlier this week I wrote how 100% Of Companies Will Be Using Social Networks As Part Of Their Employee Screening Program By 2012.
Jon Hyman from the Ohio Employer’s Law Blog read this post and offers some advice on how employers can protect themselves when they use social networks to screen applicants.
- Read Googling job applicants from the Ohio Employer’s Law Blog.
Kindergarten Teacher With A Criminal Record Teaches For 5 Years
November 6, 2009
Source: wsmv.com
On October 20, 2009, while on her lunch break, a Tennessee kindergarten teacher was cited for shoplifting $62 worth of wrinkle cream from Walmart. This past summer the teacher was convicted of stealing steaks from a Kroger. She has three DUIs and a citation for driving on a suspended license for excessive speeding tickets. She also has five aliases and she’s been teaching young children for the past five years.
As of November 5, 2009 she was still in the classroom teaching. Watch the video.
What’s wrong here?
The state only requires a background check at the time of hire.
This is a good reminder that your organization should have a Post-Hire Screening Program in place.
A Post-Hire Screening Program (also called recurring screening) is considered a best practice for employers. It ensures a safe workplace and helps reduce the risk of a negligent retention lawsuit. Conducting checks on all new hires is essential. Keep in mind, that a lot can happen in the years after a new hire comes aboard. Companies should consider protecting themselves with periodic post-hire criminal checks and drug screening.
For more information please read:
Florida Lawmakers Pledge Changes To Their Background Screening Program
October 5, 2009
Last week we reported about Florida’s Flawed Background Screening System and now Florida lawmakers are talking about making changes to the state system.
Laxness, Loopholes In Background Checks Of Child And Elder Care Workers
Source: South Florida Sun Sentinel
Florida legislators pledged to overhaul state law to require that caregivers for children and the elderly undergo background checks before they begin work and to close loopholes that have let thousands of felons get jobs in day care and nursing homes.
The proposed reforms come after a Sun Sentinel investigative series last week identified disturbing flaws in the background screening system that allow people to work with Florida’s most vulnerable residents before the caregivers have been vetted.
Even people with criminal pasts can qualify for jobs as caregivers by obtaining an exemption. Thousands have sought and won official permission to work despite having records for crimes including rape, child abuse and murder, the newspaper found.
“What you have discovered is something the Legislature needs to get more serious about and get on top of immediately,” state Rep. Ari Porth, D-Coral Springs, told the Sun Sentinel. A state prosecutor, Porth is drafting legislation to require pre-employment checks and put restrictions on who can get exemptions.
George Sheldon, secretary of Florida’s Department of Children & Families, called reforming the system “a legislative priority for a number of agencies.”
“It just makes sense that the public is assured that those people who are dealing with the most vulnerable have been closely screened,” Sheldon said.
As a result of the Sun Sentinel investigation, Sheldon wrote a four-page letter Thursday to state legislators outlining his plan for a “faster, more efficient system to protect our vulnerable citizens.”
Read more here.
FYI Screening offers a wide array of customized background screening solutions to meet any need. Human Resources and Loss Prevention Professionals in numerous industries worldwide trust FYI’s screening solutions every day to make smarter, safer and more cost effective hiring decisions.
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