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This morning Pamela Devata of Seyfarth Shaw discussed employment credit reports in response to a new Maryland Bill being introduced.  The bill would limit the use of employment credit reports to those employers who are required to receive it.  Pam does a great job clearing up many of the misconceptions the public has on how these reports are used.  Specifically she points out that employment credit reports are only one facet of the entire background check.  Enjoy!

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President Obama is calling for some stricter controls and better background checks for potential gun owners.  Personally, I hunt, fish and own several guns, I am 100% in favor of keeping guns out of the hands of criminals.  Do I think this will prevent criminals from getting their hands on guns, no, not even for a minute.  However, you can’t even attempt to control the sale of illegal guns until you do a better job of curtailing their legal sale to individuals who shouldn’t have them.

Obama Pens Op-Ed Calling for Better Gun Sale Background Checks

The Second Amendment and court precedent guarantee an individual’s right to bear arms, but improved and expanded background checks are needed to prevent gun violence like the shocking attack in Tucson in January, President Obama wrote in an op-ed Sunday.

Writing in the Arizona Daily Star more than two months after the shooting of Rep. Gabrielle Giffords and 18 others, six of whom died, Obama said he’s “willing to bet” that responsible gun owners would support laws to “keep an irresponsible, law-breaking few — dangerous criminals and fugitives, for example — from getting their hands on” guns.

“Most gun owners know that the word ‘commonsense’ isn’t a code word for ‘confiscation,” he wrote.

“I’m willing to bet they don’t think that using a gun and using common sense are incompatible ideas — that we should check someone’s criminal record before he can check out at a gun seller; that an unbalanced man shouldn’t be able to buy a gun so easily; that there’s room for us to have reasonable laws that uphold liberty, ensure citizen safety and are fully compatible with a robust Second Amendment,” the president wrote.

Obama wrote in Sunday’s op-ed that his administration has not curbed gun rights but, in fact, has expanded them, by letting people carry guns in national parks and wildlife refuges.

But, he said, with more than 27,000 deaths from guns each year — a number down from its height of more than 39,000 in 1993, more needs to be done to prevent assailants like Tucson suspect Jared Loughner from getting a hold of weapons.

“A man our Army rejected as unfit for service; a man one of our colleges deemed too unstable for studies; a man apparently bent on violence, was able to walk into a store and buy a gun,” he lamented.

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I wanted to write a quick post because of a topic that we encounter quite often.  Employment screening firms are given the opportunity to bid on new business often times through an extensive Request For Proposal (RFP) or Request For Information (RFI) process.   The National Association of Professional Background Screeners (NAPBS) has put out some great suggestions on how to develop a RFP/RFI for our industry, its a great document.  EmployeeScreenIQ also developed similar suggestions a while back (they can be found here).

One of the questions we seem to encounter more and more are requests for documents outlining company security measures.   Its a broad topic and for many CRA’s, could mean a myriad of different things.  Some CRA’s have security proceedures for every aspect of the operation.  There are literally security proceedures on what to shred, what do leave on one’s desk, how to properly lock a door, etc.  Its helpful when end users frame their security questions more directly rather than asking for a general statement.

A great place to start is for End Users to review the NAPBS Background Screening Agency Accreditation Program (BSAAP).  This accreditation program was recently launched and covers many aspects of operational and document security.  The transmission, usage and storage of Personally Identifiable Information (PII) is a highlight of this program.  Accredited companies are required to demonstrate how these policies are followed through an on-site audit by a third party in addition to a thorough document review.  Once successfully completed the the Background Screening Credentialing Council (BSCC) votes on their candidacy.  Many screening firms use these standards as an absolute minimum, so its a great place for End Users to start when formulating these questions to their screening providers.   EmployeeScreenIQ is proud to be an Accredited Member of NAPBS.

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Over the past few years EmployeeScreenIQ has delivered white papers, articles and blog postings covering a myriad of topics, most notably, the use of Social Networking sites in the recruiting and employment screening process.  Like it or not, social media has become a very important part of our lives.  A few years ago, a conversation might end with “Are you on Facebook?” Today, that conversation might start with “I loved your Facebook post yesterday, and by the way, your grandmother had the funniest tweet last week!”  In today’s day and age, if you are not using or watching social media, you are not part of a whole new world.  Today, Facebook boasts over 500 Million users, over 50% of them login each and every day.  Twitter and Linked in are quickly gaining with over 100million and 50 Million users respectively.

Twitter alone has helped shaped the movement in Egypt.  According to Mashable:

Over the past several days, Twitter and other social media platforms have been flooded with links, images and information about the current political crisis in Egypt.

Social media intelligence firm Sysomos has analyzed a lot of the Egypt-related tweets and mined them for important cues, such as keywords and location data, that might show us just how news and information about Egypt are being disseminated via social media.

Twitter has been framed — by its founders, no less — as an important news-bearing medium in this any many other situations of global portent. Even while the service, and in fact, all Internet access, has been intermittently blocked in Egypt during the crisis, news, video clips and images continue to spread around Twitter with the greatest urgency. In fact, Google today launched a voice-to-Twitter service specifically to assist Egyptian Twitter users wishing to act as citizen journalists.

The Egyptian Government completely shut down access to Social Media Sites!

What does all of this have to do with human resources or employment screening?  Well, here is where I get creative and tie it all in.  Fortunately (Unfortunately) companies don’t have the same powers as Egypt.  The CEO of a company might have the power to block Twitter, Facebook Etc. from their own internal networks but have no power beyond their corporate domain.  Organizations really have no power to control what an employee says outside of the workplace.  Yes, companies can create policies limiting what employees can say about their job, employer, workplace etc., but these policies are untested in a court of law.  Recently the National Labor Relations Board (NLRB) has taken exception to some of these policies.  Furthermore, there have been several cases of employees being terminated for writing about their employers, getting fired and then suing them.  Employers are not Countries, they can’t got the Egyptian route and just shut off access altogether.  Right now it’s the Wild West, everyone is creating policies but no one knows how to enforce them, or control them.  One thing we do know is that using these sites for background screening could pose a major violation of the Fair Credit Reporting Act (FCRA), Various Social Media Privacy Policies, Wire Tapping Laws and a slew of other Federal Laws, some dating back decades before the Internet was invented…..by Al Gore!

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The murder charges against a Suburban Hospital employee who police say killed his boss over workplace disputes have raised questions about how a man with a violent past slipped through the background checks the hospital says it routinely employs.

Suburban spokeswoman Ronna Borenstein-Levy said the hospital conducted a background check on 49-year-old engineer Keith D. Little — accused of stabbing his supervisor, Roosevelt Brockington Jr., more than 70 times in Suburban’s boiler room — but that check “did not return information on prior arrests and convictions.”

But court records show Little was charged with second-degree murder in a 2003 D.C. slaying but was found not guilty in a jury trial. He also served about six years in prison after he was convicted of several assault charges and obstruction of justice related to a 1984 attack.

Borenstein-Levy said police and prosecutors have told the hospital that cases that result in an acquittal or successful appeal often do not appear on background checks.

She would not elaborate on Suburban’s procedures for conducting background checks.

The hospital also asks employees to self-disclose past criminal convictions and pending charges, according to its online application. The application says that a criminal record “will not necessarily bar you from employment.” It says the hospital considers factors that include the person’s age at the time of the conviction, how much time has passed since then, the nature of the offense and rehabilitation.

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Cuyahoga County (Cleveland, OH) is no stranger to controversy.  In fact, one might consider the political system in the county and city to be of the most corrupt in the country.  Recent investigations into county government have led to several arrests and were also catalysts for a complete county government reform.  More recently, a finalist to serve on the boards of revision has a criminal past that was not uncovered during the screening process.  The extent and the scope of the background check are unknown at this time, however the records were easily found after the fact.

Steven Majors is a data collector for the county auditor and has filled in for absent board members. Majors also has been convicted twice since 2005 for operating a vehicle while intoxicated and twice more for disorderly conduct, most recently in November, records show.

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The Cleveland Cavaliers have played terribly this season with the loss of premadonna LeBron James.  Today they announced a great play, the hiring of Ted Williams.  Now, many of you die hard Cleveland fans might be saying to yourself; “Wait, they unfroze Ted Williams, one of the best baseball players of all time to play BASKETBALL????” Right on, he will likely play better than any of the scrubs currently running up and down the court!!

However, this is not about Ted Williams the famous Boston Redsox player currently frozen by the Cryonics Company, Alcor Life Extension Foundation.  This story is the latest internet buzz about a homeless man of the same name.

Employment screening is not always about denying people jobs who have an unsatisfactory history.  Many times its about finding the right job, for the right person.  This is a touching story of a man, down on his luck that was just given a HUGE second chance!

While the Cavaliers are struggling on the court this season without their former superstar, the organization is still making waves in the community. In perhaps one of the most amazing stories I’ve ever seen.

Ted Williams, who was previously homeless held up a sign every day telling the world about his “Golden Radio Voice”. Someone pulled off to the side of the road to speak with him and video taped the man, and he wasn’t lying. This guy has an incredible voice!

Apparently the Cleveland Cavaliers took notice after the Columbus Dispatch featured the man in the paper they and offered him a job and a house. Williams was on a local radio station, WNCI exclaiming “The Cleveland Cavaliers just offered me a full-time job and a house! A house! A house!”

He also added “I’ve been out there about a year; I just didn’t know anything like this would ever happen. There’s so many words. I’ve already been compared to Susan Boyle. I’m just so happy.”

It’s unclear what position the Cavaliers have offered Williams, but it is an incredible story of redemption after Williams threw his career away years ago admittedly due to drugs and alcohol.

“Just to get back to some normalcy and responsibility.. If I can get a job, whether it’s a $25,000 or even $18,000, I’d be happy. At least I know God has me where he wants me.”

Here is the video… it’s pretty incredible how this all went down.

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Come on guys, don’t you read our blog? BAD IDEA!!  Just call your counterparts in Bozeman, Montana and ask them how embarrassing it was when that story hit the news.

Police recruits screened for digital dirt on Facebook, etc.

By Kevin Johnson, USA TODAY

Law enforcement agencies are digging deep into the social media accounts of applicants, requesting that candidates sign waivers allowing investigators access to their Facebook, MySpace, YouTube, Twitter and other personal spaces.

Some agencies are demanding that applicants provide private passwords, Internet pseudonyms, text messages and e-mail logs as part of an expanding vetting process for public safety jobs.

More than a third of police agencies review applicants’ social media activity during background checks, according to the first report on agencies’ social media use by the International Association of Chiefs of Police (IACP), the largest group of police executives. The report out last month surveyed 728 agencies.

“As more and more people join these networks, their activities on these sites become an intrinsic part of any background check we do,” said Laurel, Md., Police Chief David Crawford.

Privacy advocates say some background investigations, including requests for text message and e-mail logs, may go too far.

“I’m very uneasy about this,” says Marc Rotenberg, executive director of the Electronic Privacy Information Center. “Where does it all stop?”

During the IACP’s conference last month in Orlando, about 100 chiefs and other law enforcement officials who attended sessions on vetting applicants’ social media use said they either request waivers and other personal information from applicants or are developing policies to do so.

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Move over Marilee Jones, you have some company.  For those of you who don’t remember, Marilee Jones was the Director of Admissions at M.I.T. and was caught lying on her resume a few years back.  Colleges and Universities have long been known for their lax approach to screening employees, fortunately in the last few years many of them have stepped up their efforts.  The latest blunder has Texas A&M University reviewing its current hiring practices after an administrator now admits lying on his resume.

Ex-A&M administrator admits lying on resume

BRYAN, Texas — A former Texas A&M University administrator who quit in June amid questions about padding his resume has pleaded guilty and been fined $2,000.

Alexander Kemos on Wednesday pleaded guilty in Bryan to a misdemeanor charge of using a fraudulent, substandard or fictitious degree. He also must pay court costs.

Kemos attorney Jim James says his client admits adding to his resume in violation of the law and regrets the incident. James says the 50-year-old Kemos also says no one at A&M knew of the false portions of his resume.

Kemos, who was hired in 2009, was senior vice president for administration. He falsely claimed to be a former Navy SEAL with advanced degrees from Tufts University.

A&M is auditing its hiring practices.

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CT gets $2M to devise caregiver screening

Connecticut will use a $2 million federal grant to devise a background-screening format for potential hires in nursing homes and other caregivers, authorities say.

Connecticut was one of six states to receive a grant as part of the federal Affordable Care Act, the governor’s office says.

The background check program will help identify whether a job seeker has any kind of criminal history or other disqualifying information that could make him or her unsuitable to work directly with residents.

The state Departments of Public Health, Social Services and Public Safety will work together on the initiative, Gov. M. Jodi Rell said. Connecticut also must propose enabling legislation for the program in the next legislative session.

The governor said the national background check for each prospective direct patient care employee must include a history search of both state and federal criminal records, abuse and neglect registries, and databases, such as the Nurse Aide Registry.

Long-term care facilities or providers covered under the new program include nursing facilities, home health agencies, hospice providers, long-term care hospitals, and intermediate care facilities for persons with mental disabilities, adult day care, and personal care assistants.

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