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Personal Background Checks

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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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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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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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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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Employment 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.

Our June By The Way issue features the recent EEOC case against Dollar General and BMW. As you’ve probably heard, the EEOC filed two lawsuits in federal courts in Illinois and South Carolina, accusing BMW and Dollar General of discriminatory use of criminal background checks. For more details, read Angela’s article, EEOC Targets Dollar General and BMW for Criminal Background Checks.

EEOC vs. Dollar General & BMW

 

 

 

 

 

 

 

In the article, Stuck In the Middle: Title VII Conflicts with State Law in Ohio Federal Case, Angela discusses a conflict in an Ohio case where an employer followed the state law, but in doing so, violated Title VII of the Civil Rights Act. Last but not least, this issue includes an update on two cities and a state that have recently adopted ban-the-box legislation in Jumping Aboard the “Ban” Wagon: Seattle, Buffalo and Minnesota Agree to Ban-the-Box.

Watch Angela’s summary of this month’s issue:

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EEOC and background checks

I have taken a long hiatus from posting to our blog.  There are several reasons, time is one of them but mostly because of the wonderful bloggers we now have; Nick, Angela, Lauren and Kevin have done a great job!  Don’t ask Nick, he’ll tell you its because he is tired of correcting my horrible writing skills. (Shameless plug to the best editor and ghost writer we have!) I am coming out of retirement, probably temporarily, because I just read the best article I have yet to see on the new EEOC Guidance in Forbes Magazine.  I’ll save the commentary because it stands on its own, I will however highlight my favorite quotes below!  If you have not been following our excellent reporting on this issue, now is your chance, this is the one article you should read!

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EEOC Guidance on Background Checks

If you hadn’t noticed, the EEOC’s Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, affectionately referred to here as “the guidance,” has been taking up a disproportionate amount of blog space over the past year. And for good reason. The guidance is a seemingly endless source of debate, confusion, and unfortunately for many employers, litigation.

One recurring question from clients is this: what do you do when a state law requires a criminal background check? Do you follow the state law, or the guidance? [...]

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Ban the Box in Background Checks

Keeping up with ban-the-box legislation is practically a full time job. My Google alerts on this topic have been blowing up.  Most recently, Seattle City Council has voted to officially ban the box, joining the State of Minnesota and the City of Buffalo in passing laws eliminating the check box asking about criminal history on a job application. While none of these laws prohibit criminal background checks outright, they do place limits on when and how background checks can be performed. Similarities to the EEOC guidance on criminal background checks abound–restrictions that mirror the guidance are sprinkled throughout the new laws and ordinances.

Here is an update on what you need to know:

Seattle, Washington

The Seattle City Council passed the “Job Assistance Bill” on June 10, 2013 with a unanimous 9-0 vote. Activists in Seattle are celebrating the win after a long fight lead by a number of community groups–Columbia Legal Services, the Seattle Tenants Union, the Seattle homeless newspaper Real Change, the No New Jim Crow Seattle Campaign, Got Green, the NAACP, the Seattle Human Rights Commission and several others. The Seattle Chamber and employers were able to make some amendments, but the law will still require significant changes for private employers in and around Seattle. It takes effect November 1, 2013. [...]

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