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7

Target to Ban the Box on Criminal Background Checks

In an effort to hire more ex-offenders, Minnesota-based Target Corporation has announced they are banning the box. The national retailer announced that it will be eliminating the box on the job application that asks the candidate about criminal history. Target Vice President, Jim Rowader announced that the new policy will go into effect for all U.S. applicants.

On May 13, 2013, the state of Minnesota passed a law expanding the state’s ban the box law to include private employers. The new law goes into effect January 1, 2014 and will prevent employers from conducting a criminal background check until later in the hiring process. For more details on the specifics of this law, read our post here. Target has decided to proactively take the step of implementing the policy on a national level, even though it is not required in most states.

In a report by Minneapolis Public Radio, Target is planning to work with a Minneapolis-based group Council on Crime and Justice to increase the company’s hiring of ex-offenders. In addition, Rowander announced the decision while participating as a panelist at a forum addressing unemployment among ex-offenders, organized by the advocacy group Take Action Minnesota.

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Compliance in Background Checks

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.

In October’s issue of By The Way, we’re introducing “Ask Angela,” an opportunity for our readers to submit compliance questions to Angela. This month, Angela responds to the question, “Who should have access to background check results?” Read Angela’s response here as she addresses the who, when and why of this question. To submit your question, write to askangela@employeescreen.com, and you might find a response in our next issue of BTW.

In our second article, Counting to Seven: The 7 Year Rule for Reporting Adverse Information on a Background Check, Angela discusses the confusion in the seven year rule for reporting adverse information on criminal background checks. With the question in mind, “When does the clock really start?” Angela lays out the different sides to the argument of when the seven year count begins and how this rule ultimately affects employers.

Lastly, with ban the box spreading its reach both nationally and internationally, Angela gives an update on the latest locations that have enacted legislation, Ban the Box Here and Abroad: Illinois Says “Yes,” UK Next Up.

View this month’s issue here:

Compliance in Employment Background Checks

To ask Angela a compliance question, submit your question to: askangela@employeescreen.com.

 

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4

Compliance in Employment Background Checks

You asked for it–you got it!  “Ask Angela” is your chance to ask those nagging compliance questions that keep you up at night and have you scratching your head. Thanks for all of your great questions—keep ‘em coming! This month the question relates to who is able to obtain a copy of an employment background check.

The Question

Dear Angela,

We have EmployeeScreenIQ do all of our background checks for us. We are a temporary employment agency where we place engineers/technicians with our clients. The employees are W2 employees of our company.

My question is: One of our clients has requested a copy of the background results for our employees that we have working at their facility. We wanted to make sure it is legal for us to pass on [the background report] to our client without getting ourselves into trouble.

Cynthia
Human Resources

I love this question. It comes up all the time with clients, human resources departments in staffing firms, temporary placement agencies, and Professional Employer Organizations (PEOs). It can also apply when a company hires contractors to work on the premises. Here is how it usually goes: The staffing company has a contract with a third party background screening company to conduct background checks for them. Those applicants become employees of the staffing company (the “Employer”), but they are actually temporary employees working on site for the Employer’s client (who we’ll call “Client”). In Cynthia’s scenario, the Client asks to see a copy of the background check.

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22

Adverse information on a background check

If you read the Fair Credit Reporting Act (FCRA) as much as I do (insert nerd joke here), you might know that it allows non-conviction criminal information to be reported for up to seven years. One question that occasionally comes up is, when does the clock start on the seven year count? According to a recent brief filed jointly by the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC), your count may be wrong. [...]

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In addition to EmployeeScreenIQ’s Quick Takes Video Series, we filmed footage of our panelists discussing recent trends in the industry. The “roundtable” videos are all available by visiting our EmployeeScreenIQ Video Library. You can also subscribe to our YouTube Channel for more videos.

In this round table video, we’d like to introduce the topic of adjudication services.  This term commonly refers to the process background screening companies use to support employers’ application of their hiring matrix and, or their adverse notification responsibilities.

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Accurate Employment Background Checks

After months of searching, you finally found the perfect candidate for your (insert job here) role. This guy or gal has everything you’re looking for: great experience, sterling references, and a personality that fits well within your organization. Let’s face it: they are the bee’s knees.

Now, the only thing that has stopped you from making an offer is waiting for you on your desk—the background check results. You furiously scan the document to make sure there are no red flags: verified education and employment . . .  check, stellar driving record . . . check, substance abuse test came back clean . . . check. But wait. No, this can’t be happening.  Your best candidate is a registered sex offender?

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0

Compliance in Background Checks

For those of you interested in keeping up with the latest in compliance for pre-employment background screening and the laws that affect your use of employee 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.

In the September issue of By The Way, our featured article highlights the recent Freeman case dismissal, in which the EEOC originally accused Freeman of disparate impact in their hiring practices. Angela shares the lessons that can be learned from this particular case and how employers can protect themselves when conducting employment background checks. Read more about this story here.

In her article, Keeping Tabs on Big Data to Protect Consumer Privacy, Angela shares details of a recent FTC settlement against Cetergy Check Services, Inc. for improper use of consumer information in employment background checks. Find out how this could be an issue for employers and consumer reporting agencies.

Lastly, our third article covers the National Employment Law Project (NELP) report released in August regarding the use and quality of the FBI background check database. Read more here, NELP Report: FBI Fingerprint Checks Get Thumbs Down.

Compliance Questions

New! Ask Angela?  Have you ever had a compliance question you’ve been wanting to ask but never had the opportunity?

Submit a question to Angela today and you might find the answer in our next issue: askangela@employeescreen.com.

Read this month’s issue here:

 

 

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0

Compliance in Background Checks

For those of you interested in keeping up with the latest in compliance for pre-employment background screening and the laws that affect your use of employee 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.

In the July issue of By The Way we bring you an update on ban-the-box in the state of Indiana, another EEOC discrimination case, except instead of Dollar General & BMW this story focuses on transportation giant, J.B. Hunt. And lastly, Angela shares a “top 5” list of 5 Sticky Legal Situations Employers Should Avoid. Angela offers best practices in the five areas that employers are often confronted with in employment background checks–you won’t want to miss this month’s featured story.

 

Legal Situations Employers Should Avoid

 

Listen as Angela talks about the 5 “sticky” situations she features in her latest article and provides imperative information for employers who want to remain compliant in their hiring practices:

Take a look at BTW here!

 

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2

BTW July

When it comes to hiring, the legal landscape is changing fast. Blow-your-hair-back, in-your-face, what-just-hit-me kind of fast. Hiring new employees is a process that has always involved legal risks. But the application, interview, and screening process is increasingly complicated for employers. So far, 2013 has been a banner year for litigation, legislation, and regulation. Recent developments at the local, state and national level make it difficult to keep up, even if keeping up is your full time job. Feeling overwhelmed? Don’t feel bad-this list of top 5 provides a quick recap of any legal changes you might have missed. [...]

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JB Hunt Transport

Transportation giant J.B. Hunt Transport, Inc. has entered into a settlement with the U.S. Equal Employment Opportunity Commission (EEOC), over charges of racial discrimination based on a criminal background check. In a statement issued by the Commission, the EEOC claims that J.B. Hunt discriminated against an African-American job candidate who was denied a truck driver position at a J.B. Hunt facility in San Bernardino in 2009. The agency claims that the company denied employment based on a criminal conviction record that was unrelated to the duties of the job. The alleged victim has entered into a private settlement agreement with J.B. Hunt.

In addition to the specific allegations in the San Bernardino incident, the EEOC investigated the company’s broad policies and warned against the use of blanket prohibitions that disqualify candidates with criminal records. The EEOC news release cites its policy guidance which was reissued on April 25, 2012.

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