NH Courts to Close As Furloughs Hit Judicial System
March 16, 2010
In order to meet a budget shortfall of 3.1 million dollars, the New Hampshire Judicial Branch announced that all New Hampshire courts and judicial branch administrative offices will be closed on the following days:
- Friday April 2, 2010
- Friday April 30, 2010
- Friday May 28, 2010
Read more about the court furloughs (pdf).
Photo credit: Zoom Zoom
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.
Related Posts From FYI Screening:
- 4 Tips On How To Use Social Networks For Employee Screening
- Employee Screening Through Social Networks
- 5 Legal Reasons Why Your Company Should Have a Social Networking Policy
- Twitter and Employment Law Issues
- The Pros & Cons of Googling Candidates
Photo Credit: webtreats
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
Smart, Compliant Hiring Decisions Made Easy
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.
- Subscribe to our blog to stay informed
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- Connect on LinkedIn
Genes and Jobs: Can Employers Use Your DNA For A Background Check?
November 18, 2009
Not anymore
Psychology Today has an excellent article on this subject titled “Genes and Jobs.”
The Genetic Non-Discrimination Act (GINA) comes into full effect this Saturday, November 21st.
Employers need to take note, and employees should be aware of their rights
Congress passed GINA almost unanimously, and President Bush signed it on May 21, 2008. Described by the late Senator Ted Kennedy as “the first civil rights bill of the new century of the life sciences,”
GINA protects individuals from genetic information discrimination in health insurance and employment
Even some well-informed commentators seem to have missed this landmark piece of legislation. So have some employers. The University of Akron (UA), for example, adopted a policy as recently as August that could require any candidate for employment to submit a DNA sample.
Read more about Genes and Jobs.
The Coalition for Genetic Fairness also gives the following guidelines for employers on how to comply with The Genetic Non-Discrimination Act (GINA).
GINA outlines the following activities as unlawful employment practices and discriminatory on the basis of genetic information:
- The use of genetic information in making decisions regarding hiring, promotion, terms or conditions, privileges of employment, compensation, or termination.
- Limiting, segregating, or classifying an employee, or depriving that employee of employment opportunities, on the basis of genetic information.
- The request, requirement, or purchase of genetic information of the individual or a family member of the individual except in rare cases, as outlined in the drop-down section below.
- The use of genetic information in making decisions regarding admission to or employment in any program for apprenticeship or training and retraining, including on-the-job training.
Furthermore, employers should be aware that it is unlawful for an employment agency, labor organization, or training program to fail or refuse to refer an individual for employment on the basis of genetic information, nor may the agency or labor organization attempt to cause an employer to discriminate against an individual on the basis of genetic information.
Related Post From FYI Screening:
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.
100% Of Companies Will Be Using Social Networks As Part Of Their Employee Screening Program By 2012
November 9, 2009
Dan Schawbel, a personal branding expert, gives his 10 Personal Branding Predictions for 2010. The one that caught my attention was number ten:
10) Online identities becoming as routine as employer drug tests
In 2009, Careerbuilder reported that 45% of companies are using social networks as background checks. I’m going to go with 75% of companies for 2010 and then 100% of companies in 2012. Just like a drug test, going online to review an applicants brand is easy, cost effective and can save headaches later. There are issues that arise such as possibly losing good talent because of one Facebook picture or judging someone based on their picture and not on their credibility.
What this means for your personal brand: Everyone is going to have to be very careful with what they put online. Go through your online presence right now to make sure it best represents you as a professional. Try and see your profiles through a companies eyes too.
The topic of using social networks for background checks has been controversial because of the possible legal exposure but I’m going to have to agree with Dan here…
100% of companies will be using social networks as part of their employee screening program by 2012.
It is important it note that these social searches will not replace traditional background checks (county criminal searches, verification of driving records, education and employment) but will be an increasingly important tool to help companies find the best fit employees for their organizations.
Read Dan’s 10 Personal Branding Predictions for 2010.
Related Posts From FYI Screening:
University Removes New-Hire DNA Testing From It’s Background Check Policy
November 6, 2009
Source: cbsnews.com
The University of Akron is backing away from a controversial new policy, which appears to be the first in the nation, saying that new hires can be DNA tested as part of a background check.
William Rich, the vice chairman of the Ohio university’s Faculty Senate, said late Thursday that the administration was now willing to remove references to DNA testing from its background check policy.
As CBSNews.com reported last week, the university’s board of trustees adopted a rule saying a “DNA sample for purpose of a federal criminal background check” may be collected from any prospective faculty, staff, or contractor. That policy, which includes no explicit privacy guarantees, appears to violate a federal law that takes effect on November 21 called the Genetic Information Nondiscrimination Act.
Read more… University Removes New-Hire DNA Testing From It’s Background Check Policy.
Related Posts From FYI Screening:
- A Growing Trend - Data Security and Protection
- Background Checks For The Education Industry
- Diploma Mills: Degrees of Deception
- Six Background Screening Mistakes To Avoid
Photo Credit: kyz
Best Employee Screening Articles For August & September 2009
October 1, 2009
In case you missed any of our employee screening articles for August and September, here’s a quick recap of our most popular:
- Recruiters Are Checking You Out On Facebook
- Top 10 Articles On Employee Screening
- The Secret of Successful Hiring
- Truth and Lies On Resumes
- More Background Checks
- Sex Offenders In Ohio
- Florida’s Flawed Background Screening System
- The Pros & Cons of Googling Candidates
Smart, Compliant Hiring Decisions Made Easy
FYI Screening, Inc. is a leading provider of on-demand, easy to use employee screening solutions.
- Subscribe to our blog to stay informed
- Follow on Twitter
- Connect on LinkedIn
Photo credit: net_efekt
