EmployeeScreenIQ

Many states are considering restricting access to credit checks during a criminal background check.

Inc is reporting that at least 16 states are considering legislation to ban or limit an employer's ability to run credit checks on potential hires, a practice that has become commonplace while conducting a criminal background check.

A recent survey from the Society for Human Resource Management found that 60 percent of employers run credit checks on some job applicants, an increase from the 43 percent who did so during 2006.

In most states, employers can check job applicants and current employees' histories for overdue payments on mortgages, credit cards, loans, rent and more. Credit checks are viewed as part of a hiring strategy to prevent putting at-risk or untrustworthy applicants into positions where they could do harm to the company.

But opponents call the practice discriminatory and unnecessary, Inc reports.

Most recently, business owners and state legislators in Maryland are battling over the practice. After hearing complaints from out-of-work constituents, Rep. Kirill Reznik proposed legislation that would restrict an employer's ability to use credit history against existing employees or potential hires.

"In this bad economy, when they leave their jobs and get behind on their bills, their credit reports go bad," he said. "When they try to get a job, they're unable to – and get stuck in an unfair Catch-22."

In Wisconsin, Rep. Kim Hixson has proposed legislation that would ban discriminatory credit checks for jobs that aren't substantially related to a candidate's credit history. He told Inc that although there are some relevances when hiring an investment banker, the same may not be true for hiring a truck driver, librarian or gym employee.

"I've had some employers tell me a credit report is a mark of a person's character," Hixson said. "They say, 'if they have a good credit history, I know they are trustworthy.' That's just not always going to be the case, so hiring based on it is discriminatory."

A 2007 law signed in Washington states that employers may not access credit reports of employees or job applicants unless the information is significantly related to the employee or their job responsibilities.

The issue also is gaining national attention, as EEOC Chairman Stuart Ishimaru has become a vocal critic of using employee credit checks, and has asked the agency to issue guidelines on how to complete a criminal background check in a non-discriminatory manner.

Labels: Criminal background check

A criminal background check can help employers of all sizes avoid making bad hires. Visit http://employeescreen.com to learn more.

There are many things to take into consideration during the hiring process, and while you may be drawn to certain candidates because of their experience, educational background or personality, it's important to find out everything you can about an applicant before offering them a job.

The best way to ensure a job seeker is who they say they are is by conducting a criminal background check on them. Most importantly, these checks will confirm the accuracy of the information a candidate provides on their resume or during an interview.

Criminal background checks also can weed out applicants who are unfit for or dangerous to your workplace because of things like a criminal record. Keep in mind that before conducting a check, you must first get the candidate's permission and consult the Fair Credit Reporting Act to determine what information you can and cannot access.

Here are four other steps you can take to avoid problems while hiring, as compiled by The Wall Street Journal:

1. Use a formal job application - This should request a candidate's full name, address, education, employment record and references. All of this information can give you a better look into someone's background than the information they may provide on a resume or during an interview. You also can state on the application that supplying false information can lead to dismissal.
2. Ask tough questions - After you've carefully reviewed the application, it's important to ask probing questions during the in-person interview, especially about gaps in employment. While a lag in employment is usually explained by attending school, changing careers or caring for a child, it also can mean the inability to hold down a job, a sudden dismissal or prison stay. You also can arrange for other employees at your company to meet the candidate in order to get a second or third opinion.
3. Call former employers and check references - This will help you verify the person's employment and salary history. The best question to ask a former employer is whether or not the candidate is eligible for rehire.
4. Invite a potential hire for a paid tryout - This will help you learn a lot about a candidate, including how well they fit into your business environment. You can ask them to work on a test project or spend a trial day in your office, which is a great way to test an applicant's technical skills.

Labels: Criminal background check

Whether you're a recruiter, employer or job seeker, it's important to know what the top criminal background check tends will be this year. Visit http://employeescreen.com to learn more.

Employment Screening Resources recently its "Third Annual Top Ten Trends in the Pre-Employment Background Screening Industry" report for this year. The report includes new trends that are beginning to make a difference and old trends that have evolved over time.

The top 10 criminal background check trends are:

1. Increased focus on whether credit reports and criminal records are discriminatory.
2. More lawsuits, including class action litigation over accuracy, privacy and consumer rights.
3. Increased pressure on privacy and data protection, especially as it relates to the location of the data.
4. The battle over databases will continue - with the latest issue being the proliferation of cheap "do-it-yourself" Web sites and iPhone apps.
5. Increased need for employer vigilance.
6. Lawsuits for using social networking sites.
7. Increased technology, signaling the end of paper and faxing for employment screening.
8. I-9 and other government requirements will grow.
9. Screening will expand beyond new employees to vendors and others on premises.
10. International screening will be more prevalent.

Another big trend will be the increased professionalism of the screening industry. This comes about with the growing presence of the National Association of Professional Background Screeners, which has established itself as the voice of the screening industry and is fostering higher levels of professionalism.

The organization, which was founded in 2003, was formed "to promote ethical business practices, promote compliance with the Fair Credit Reporting Act and foster awareness of issues related to consumer protection and privacy rights within the background screening industry."

As of late, the NAPBS has pushed for its members to approve an accreditation program, which would give employers more confidence when selecting a background check company. An accreditation program would provide a baseline of professional competency that employers can rely on.

Labels: Criminal background check

Another state has joined the ranks of those requiring home care aides to undergo a criminal background check (Click here).

The State of Pennsylvania recently implemented a law requiring agencies and registries that send aides into private homes to be licensed by the state Department of Health. Under the new law, agencies have until February 10 to apply for licenses. So far, more than 700 entities have requested applications.

In order to obtain a license, employees of those agencies must pass a criminal background check, obtain child abuse clearances, and be screened for tuberculosis.

According to an article by The Morning Call, agencies employing those aides must use testing or training courses to prove that caregivers are competent. Agencies and independent contractors also must list their services and fees up front.

To hold up its end of the deal, the health department plans to post information online about the agencies that are licensed, so consumers can check them out. There also will be a complaint hotline.

The need for the new regulation law came from growth in the home care industry as the elderly population continues to expand and more seniors remain in their own homes instead of going to nursing homes.

Pennsylvania currently ranks third in the nation for its percentage of people older than 65. Coinciding with that large population, the Pennsylvania Homecare Association went from having 38 home care member agencies during 2001 to having 254 home care member agencies today.

During 2006, the Pennsylvania General Assembly amended the Health Care Facilities Act, which sets standards for hospitals and other healthcare providers, to include home care agencies.

However, it took three years for licensing rules to be established, because the health department solicited input from several interested parties. The department met with disability rights groups, retirement communities, trade groups and nursing home representatives.

Labels: Criminal background check

One St. Louis area school district is changing its criminal background check policy for volunteers.

The Francis Howell School District recently adopted a policy that will require volunteer workers who have lived in Missouri for the last five years to undergo a state criminal records check instead of a national FBI background check.

The in-state check, which is based on a person's name, does not require volunteers to be fingerprinted, making results available faster. However, volunteers who recently moved to the state will still be required to undergo FBI background checks.

In addition, all volunteers will have to undergo a background check every four years, and the district will continue to verify that all volunteers are not sex offenders, according to an article by Suburban Journals.

Officials at Francis Howell School District evaluate the background check of each volunteer depending on different parameters. For instance, someone convicted of child endangerment or drug possession would not be allowed to volunteer at all, while someone convicted of driving while intoxicated may be able to volunteer as long as they are not transporting children in their vehicle.

There is some controversy over the new policy, because while an in-state background check will reveal any open criminal records in Missouri, it will not show if a person was arrested and no charges were filed, if a person was found not guilty or if a person completed a sustained imposition of sentence.

On the positive side, the new policy has the potential to save the district a good amount of money, as the FBI background checks cost $52.50 per person and the Missouri checks only cost $9 per person. The district paid for 700 FBI background checks this year alone.

Labels: Criminal background check