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TLNT’s John Hollon called me a couple weeks ago for my thoughts on an article published in the Minneapolis Star-Tribune that suggested a recent surge in employment drug testing could be a positive sign for employment growth. He wanted to know if I thought this was in fact an accurate indicator and if we were experiencing the same thing with employment background checks.  Check out his article below.

I’m always fascinated when people come up with innovative (some might say odd) indicators of a change in economic activity.

I can almost hear many of you out there — saying “Huh? What the hell is he talking about?” — but hang on for a moment and I’ll explain.

What I’m talking about, and what catches my eye, are simple, mundane activities that someone else takes a look at and says, “hey, this indicates future job growth and a positive economic change.”

Still don’t know what I’m talking about? Well, it’s got to do with the drug testing you make your serious job candidates go through. Who knew that now it wasn’t just a drug test but some huge barometer of job growth and an upswing in the economy?

Take a look at what I am talking about, from the Minneapolis Star-Tribune:

Searching for signs of an improving economy, analysts have scratched their heads over statistics and surveyed the hearts of consumers. Now comes another hopeful indicator — the bladders of potential hires.

Pre-employment drug tests are rising significantly. Drug test companies in the Minneapolis area say numbers of such exams for new hires have doubled, or in one case, increased more than 500 percent, in the last year.

Some experts believe this could mean more companies in the Twin Cities area are hiring workers, at least temporarily. ”I think it’s a good sign,” Scott Anderson, a senior economist at Wells Fargo Securities, said this week. “Certainly the direction is what we would like to see at this stage of recovery.”

So far, the theory seems to be holding true. Although the state’s unemployment remained flat at 6.8 percent, the private sector gained nearly 19,000 jobs in July — the most since April 2005.

And lest you think this is just some economic quirk that’s happening in the Twin Cities, the newspaper goes on to say that, “The trend is not just limited to Minnesota. The Drug and Alcohol Testing Industry Association said its members have noted improvements in the numbers of pre-employment drug test screenings.”

Plus, it seems that drug tests are a sign of job growth, at least in Minnesota, because state law “drug tests cannot be requested of an applicant until a contingent job offer is given, said Marshall Tanick, a Twin Cities employment lawyer.”

I asked Nick Fishman, Executive Vice President and Chief Marketing Officer for EmployeeScreenIQ (and a guy who knows a lot about pre-employment testing) what he thought of this new barometer of job growth.

His response? “I don’t know how much you should really read into this,” he said. We’ve been screening a lot of candidates, but unemployment is where unemployment is…maybe it’s just a sign that we’re all using a lot more screening tools than we ever have before.”

Nick added that there does seem to be a big increase right now in people being hired for contract positions (instead of as regular employees), and perhaps that might be a contributing factor for the rise in pre-employment drug tests.

So after all of that said, is this a barometer of the economy and new job growth, or, just a sign of times that we shouldn’t read too much into?

Myself, I hope for the former but I’m also resigned to the fact that it is probably the latter. As much as I wish that pre-employment drug tests were some new and exciting way to forecast economic trends, I have to side with Minnesota state economist Tom Stinson who told the Star-Tribune, ”While it may be indicating a little strengthening of the economy, I don’t think it’s a real solid indicator.”

Yes, sometimes a cigar is just a cigar, as Sigmund Freud so famously noted, and sometimes, a drug test is just a drug test, too.

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We just published our 21st quarterly newsletter, The Verifier, an educational tool and information resource for human resource professionals or anyone interested in keeping abreast of recent employment background screening industry developments. We’ve got some great new content including:

Articles:

Legislative Updates:

Multimedia

And much, much more. Check it out.

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thumb2In spring 2010, more than 600 HR professionals shared their views on the trends and challenges that will shape the future of employment background screening. The results are in and EmployeeScreenIQ has compiled them into a 14-page report that covers:

• Attitudes about emerging issues
• Changes in the importance of background screening
• Laws to protect job applicants
• Screening contract workers
• Attitudes of hiring managers and candidates

Respondents also share their insights and perspective about topical issues such as diploma mills, credit checks, employment history fraud, and more.

NOTE: For an engaging commentary on the survey findings, check out a new podcast interview with EmployeeScreenIQ’s Nick Fishman below.

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In spring 2010, more than 600 HR professionals shared their views on the trends and challenges that will shape the future of employment background screening. The results are in and EmployeeScreenIQ has compiled them into a 14-page report that will be published on Tuesday, June 22nd.  The report covers:
- Attitudes about emerging issues
- Changes in the importance of background screening
- Laws to protect job applicants
- Screening contract workers
- Attitudes of hiring managers and candidates
Respondents also share their insights and perspective about topical issues such as diploma mills, credit checks, employment history fraud, and more.
For an engaging sneak preview on the survey findings, listen to a new podcast interview with EmployeeScreenIQ’s Nick Fishman.
We’ll send a link to the survey as soon as it is published.

In spring 2010, more than 600 HR professionals shared their views on the trends and challenges that will shape the future of employment background screening. The results are in and EmployeeScreenIQ has compiled them into a 14-page report that will be published on Tuesday, June 22nd.  The report covers:

- Attitudes about emerging issues

- Changes in the importance of background screening

- Laws to protect job applicants

- Screening contract workers

- Attitudes of hiring managers and candidates

Respondents also share their insights and perspective about topical issues such as diploma mills, credit checks, employment history fraud, and more.

For an engaging sneak preview on the survey findings, listen to a new podcast interview with EmployeeScreenIQ’s Nick Fishman.

We’ll send a link to the survey as soon as it is published.

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Don’t look now, but it’s almost time for the Annual SHRM Conference.  I’m thrilled with this year’s destination of San Diego, but wish the airlines would cooperate a bit more.  Have you seen the airfares to San Diego from the Chicago or the East Coast?

EmployeeScreenIQ has a lot to talk about at this year’s conference.  We’ll be exhibiting on the show floor and conducting our IQ Podcasts; discussing our employment screening services and criminal background checks.  Of course, there will be plenty of giveaways.  We’ll also be raffling off two Apple iPad’s. Please stop by at Booth #1023 and say hello.

We also will be unveiling the results of our Background Screening Trends Survey which covers attitudes about emerging issues, diploma mills, laws that protect job applicants and more.  We had over 600 respondents and look forward to sharing this impactful study.

Lastly, EmployeeScreenIQ President and C.O.O., Jason B. Morris will be speaking about the dangers of using social networking sites to screen job applicants.

“Social Networking Sites: Can You Always Trust What You See?” is the title of the presentation, which will take place Monday, June 28, at 4 p.m. (PST) at the San Diego Convention Center. The 75-minute session will highlight a variety of emerging employment screening trends with a focus on the use of social networking sites to conduct background checks.

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I think it’s safe to say that the employment background screening buzz in 2010 clearly belongs to the use of credit reports and the corresponding legalities.  Yes, employers have the right to conduct a credit check on prospective and current employees under the Fair Credit Reporting Act.  However, the states of Hawaii and Washington have laws that strictly limit their use and Oregon will follow suit this July.  There are also 28 pending bills in 19 other states to do the same.

The EEOC has also been actively pursuing litigation on grounds that credit reports have a disparate impact on minorities. Navigating this legal minefield can be difficult and those who use credit reports are encouraged to take a close look at their practices.  (We address this in our most recent white paper, Credit Reports and The Hiring Process: The Value (and Risk) to HR Professionals.

I just saw a helpful post on HR-BLR that sheds some light on these laws and is worth the read.  See below:

Running Credit Checks? Be Careful


Do you usually include credit history as part of your background checks on all job applicants? What if you also rerun those checks on employees you hope to promote? Tony Campiti, employment law attorney in the Dallas, Texas, office of Thompson & Knight, explained to us the causes for concern with such practices.

It’s all about E-RACE. Beginning in 2008 and ending in 2013, the Equal Employment Opportunity Commission (EEOC) is focusing on facially neutral employer practices that may have a disparate impact on minority groups. Examples of such practices include use of arrest and conviction records, employment and personality tests, and credit scores in hiring.

The reasons are clear: Latinos and African Americans are statistically more likely than Caucasians to have poor credit history or a criminal conviction in their records. By automatically excluding candidates with poor credit, bankruptcy, or a felony conviction, an employer risks blocking many more minority candidates than whites from being hired.

Where does federal law stand? Campiti points out that the arena of the potential disparate impact of background and credit checks on minority groups has several facets. On one hand, for example, the federal Bankruptcy Code (11 USC 525b) prohibits employers from discriminating against anyone who has filed for bankruptcy. That generally holds for public employers, says Campiti, but not for private ones. However, there’s an important distinction here: The law bars biased treatment of employees—even those of private employers—but not of applicants.

So generally under federal law, private employers may run credit checks on job applicants and have a blanket policy of turning down those with poor credit history or a bankruptcy filing. Doing so for an existing employee being considered for promotion is riskier: That can violate the Bankruptcy Code. But here’s the rub: Even in the case of applicants, EEOC is concerned that blanket policies barring hire of people with bankruptcy filings will have a disparate impact, and in 2009 it sued some employers for such practices.

And state laws? So far, says Campiti, only Hawaii and Washington have laws limiting employers’ bars on hiring anyone with a bankruptcy filing. But such a law for Oregon becomes effective July 1, and some 28 bills in 19 states were proposed in 2009. New Jersey, Wisconsin, Iowa, and Michigan have been active on the issue. And, state laws fall far short of EEOC’s objectives. Such laws typically make exceptions not only for applicants to federally insured financial institutions and employers that are required by federal or state law to conduct credit checks—but also for all managerial or supervisory positions.

We said that seems like a huge loophole, and Campiti agreed. His advice? To avoid EEOC scrutiny, ensure that whenever you use credit checks to bar the hire of applicants, you can show job-related criteria and/or a business necessity for the practice.

Campiti describes a case recently decided on appeal in Texas as an example of how courts treat charges of bankruptcy bias. Sent by a recruiter, a woman applied for a job at a firm in which she was qualified to do legal work. The firm made her an offer conditioned on the results of a background check and credit history. But finding she had declared bankruptcy in the recent past, the firm withdrew the offer, and the applicant sued. The appeals court agreed that the Bankruptcy Code does not bar private employers from refusing to hire someone who has filed for bankruptcy. (Burnett v. Stewart Title, U.S. District Court for the Southern District of Texas, No. H-08193, (3/29/10)).

In a similar case, Florida courts ruled against a would-be restaurant manager who sued for bankruptcy bias when his prospective employer abruptly withdrew its job offer after he’d given notice to his previous employer. Courts ruled he wasn’t yet an employee when the new chain turned him down, so the chain wasn’t liable.

Campiti notes that Hawaii’s bankruptcy-protection law requires that credit checks be run only after an applicant has been given a conditional offer of employment. But that is not true, he asserts, under the federal Fair Credit Reporting Act, which governs background checks for employers in states that don’t have their own laws. As HR pros are aware, applicants must be told in writing that one or more third parties will be consulted regarding the applicants’ credit history or other background, and must then be notified if the prospective employer makes a negative decision based on the information it obtained. Further, the candidate must be given a chance to rectify any inaccurate data in the reports. But such investigations can be done at any time in the process, not just after a job offer has been made.

Let’s say you are a public employer reviewing an applicant’s credit history, or a private employer reviewing an employee’s history. You can’t refuse to hire or promote the person solely on the basis that he or she has filed for bankruptcy protection. Instead, you must show that you turned the person down on the basis of his or her negative credit history, not the bankruptcy.

And, Campiti advises, stand ready to cite job-related or business necessity reasons for doing so. But he acknowledges that avoiding bankruptcy bias is currently a contentious issue. “I wouldn’t be surprised,” he says, “if Congress moves to amend the Bankruptcy Code to make it harder for employers to reject applicants just because they have declared bankruptcy at some point.”

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EmployeeScreenIQ is surveying the HR world, and six minutes could win you a Kindle

How important are background checks in your hiring process? Which matters more: criminal background checks or credit reports? Where do contractors fit in?

You’re invited to participate in the 2010 Employment Background Screening Trends Survey from EmployeeScreenIQ. It takes only 6-7 minutes to complete and covers attitudes about emerging issues, diploma mills, laws to protect job applicants, and more.

Just by completing the survey, you’ll be entered in a prize drawing to win an Amazon Kindle E-reader. All participants will receive an executive summary of the survey results in June.

Click below to share your thoughts!

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We just published the 20th edition of our quarterly newsletter, The Verifier!  This publication is intended as an educational tool and information resource for human resource professionals or anyone interested in keeping abreast of recent employment background screening industry developments.

Highlights of this issue include the following:

Recruiting with Social Networking Sites: What you DO know can hurt you

Applicant Release Form (Consumer Authorization): Back to Basics Series

Violence in the Workplace: A Growing Problem in America

Legislative Alert: Oregon Law Severely Restricts Use of Credit Reports

EmployeeScreenIQ Recognized as World Class Customer Service Honoree

Check it out at http://theverifier.employeescreen.com/

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Jason Morris and I recently sat down with HRMarketer’s Elrond Lawrence for a podcast to discuss our white paper, Recruiting with Social Networking Sites: What You DO Know Can Hurt You.  Elrond asked some great questions that really shed light on the legalities involved, some horror stories and what employers need to know if they are considering the use of these site as part of the employment and background screening process.

Check out the podcast below and don’t forget to download this free white paper by clicking here.

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We just released a  new white paper which examines the risks of judging job candidates by Facebook: Social networks – what you know can hurt you.

This new article from background screening provider EmployeeScreenIQ uncovers:

          • The dangers of over-reliance on social networking to find candidates
          • Horror stories such as Stacey, the Drunken Pirate
          • Legal and ethical issues and the appearance of discrimination
          • Legally-defensible alternative programs

Sites such as LinkedIn and Facebook offer new ways to find job candidates and build relationships. However, employers who rely too much on social networks face legal and ethical dangers… because in the world of social network recruiting, what you know may actually hurt you.

Download A Copy Here

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All information contained on this website is provided by employeescreenIQ solely for the convenience of the site viewers. employeescreenIQ is not providing legal advice or counsel and nothing provided on this website or otherwise by employeescreenIQ should be deemed as legal guidance or advice. Users are solely responsible for complying with all local, state, and federal laws relating to the use of any information provided on this website and any information products provided by employeescreenIQ. Users should consult with their own legal counsel if they have questions regarding their legal responsibilities or any information provided by employeescreenIQ.

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