Compliance

Webinar: You’ve Got Questions, We’ve Got Answers.

Background Screening Webinar

Do you need permission every time you run a background check? Can you drug test a candidate with a medical marijuana prescription? What should you do if you find negative information on a candidate’s social media profile?

The answers to these and other background screening questions are far different in 2015 than in the past.

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When Your Job Candidate Asks About the Background Check

Background Screening Questions

Most job candidates will have many questions for an employer throughout the hiring process—including questions about the employment background check. Do you have the answers?

Ultimately, knowing these answers benefits you, your company and candidates. Being transparent throughout the hiring process as a whole, and especially during the background screening process greatly affects your candidate experience. The following are questions that you should be prepared to answer about your background checks.

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Taking a No Shortcuts Approach to Background Screening

No Shortcuts

An Illinois man recently sued both his former employer and their background screening provider because they errantly reported that he was a registered sex offender, and didn’t take the time to ensure that the record actually belonged to him. The employment background check misidentified the individual, a male in his twenties, as a man in his fifties who had been convicted of sex crimes in states where he had never lived.

Unfortunately, stories like this fuel the perception that employment screening companies don’t care whether they report accurate information or not—and that employers blindly make hiring decisions without allowing candidates to refute the information. However at EmployeeScreenIQ, it further validates our core belief that smarter screening means intelligent hiring.

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2015 Annual Background Screening Trends Survey Webinar Q&A

EmployeeScreenIQ held a webinar on April 22 to discuss our Annual Background Screening Trends Survey. The survey unveils new insights into the minds of HR professionals and their experience with criminal background checks, resume lies, background screening compliance, social media background checks and more. Our webinar revealed how your peers and competitors are handling their employment screening process, their greatest screening challenges and how they stay compliant with “ban the box” legislation—or even what they’re failing to do.

Our webinar attendees asked so many great questions about background check compliance that we weren’t able to answer during the allotted hour. We wanted to make sure nothing went unanswered, so our Vice President of Compliance and General Counsel Angela Preston responded below to the questions we didn’t get a chance to discuss during the webinar.

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Employment Screening in 2015: Background Screening Trends & Practices

Background Screening Trends & Practices

For the sixth consecutive year, EmployeeScreenIQ surveyed U.S.-based employers regarding their use of employment background checks. More than 500 HR professionals participated and boy did we get our money’s worth!

As with our previous surveys, the 2015 survey was designed to provide a reliable snapshot of:

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Why Is Background Screening Compliance the New 800-Pound Gorilla?

Gorilla

Every year, our Annual Background Screening Trends Survey unveils new insights into the minds of HR professionals and their experience with criminal background checks, resume lies, background screening compliance, social media background checks, and more.

If you want to know how your peers and even competitors are handling their employment screening process, their greatest screening challenges, and how they stay compliant with “ban the box” legislation—or even what they’re failing to do, our webinar will reveal the answers to these questions and more. So, why is background screening compliance the new 800-pound gorilla?

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Litigation Update: FCRA Claim Against Paramount is Thrown Out

Background Checks Paramount Gets FCRA Claim Thrown Out

Finally, a voice of reason. Employers got some good news from a judge in the Northern District of California last week, when the court granted Paramount Picture’s motion to dismiss a class action claim for alleged Fair Credit Reporting Act (FCRA) violations. The case was one of the many class actions that have been flooding the federal courts, disputing the validity of the disclosure form used for running a background check. This wave of litigation has erupted over the past twelve months, putting employers on the defensive against FCRA claims seeking millions in statutory and punitive damages.  The judge’s decision to dismiss the case against Paramount is a welcome development, and may be a turning point for employers facing FCRA class actions of this type.

The plaintiff alleged that Paramount violated the FCRA’s requirements for disclosure of consumer reports. The specific code section, 15 U.S.C. § 1681b, provides that before conducting a background check, an employer must make a “clear and conspicuous disclosure”, “in a document that consists solely of the disclosure” (emphasis added). The plaintiff alleges that Paramount violated the above provision of the FCRA by including some extraneous information in its disclosure form—namely a certification that the information provided by the plaintiff was true and correct.

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Is Ban the Box Legislation Out of Control?

BTB

It’s no secret that ban the box legislation is on the rise in cities, counties, and states across the United States. Just in case you haven’t heard much about this movement yet, here’s a brief explanation. When a particular location “bans the box” this means that employers are unable to include the check box on applications which asks whether or not an applicant has been convicted of a crime—at least not until later in the hiring process.

While these laws are well-intentioned, they’ve often become confusing for employers. While they protect job candidates from discrimination, laws are inconsistent, which exposes employers to an increased risk of breaking the law if they are unaware of the facts. (more…)

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March BTW: Big Data Meets HR, New Jersey Ban the Box, FTC Takes Down Diploma Mills

March-2015-BTW

For those interested in staying up-to-date with the latest in compliance for pre-employment background screening and the laws that affect your use of employment background checks, follow our publication, BTW: Your Guide to Staying Out of Hot Water. This compliance resource has been created by our VP of Compliance and General Counsel, Angela Preston, and is a must-read for human resources and security professionals. Is Big Brother Watching? When Big Data Meets HR

Big data is transforming the information world at an alarming rate. It’s no surprise that the data being collected, sliced, sorted, and sold is being used to help businesses make better hiring decisions. Read More

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Is Big Brother Watching? When Big Data Meets HR

shutterstock_165978410 Big Data and Work-Force Science: A Boon for HR

Big data is transforming the information world at an alarming rate. It’s no surprise that the data being collected, sliced, sorted, and sold is being used to help businesses make better hiring decisions. According to the New York Times, a growing number of entrepreneurs are applying big data to human resources and the search for talent, creating a field called work-force science. To quote technology writer Steve Lohr, “work-force science, in short, is what happens when big data meets HR”  The data part of the equation is collecting all of the digital imprints that a worker or job seeker has left in the course of web browsing, e-mailing, instant messaging, or posting on social media. The “science” part—evaluating and measuring the data—is the tricky part. Silicon Valley start-ups are developing analytics and algorithms to put this data to work for recruiters and employers. (more…)

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