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4-18

Happy Friday! If you were unable to keep up with our blog this week, you’re in the right place. Earlier in the week, we shared our thoughts on the official court ruling in the EEOC vs. Kaplan Higher Education case. Jason shared the results of this year’s NAPBS Mid-Year Legislative and Regulatory Conference in Washington D.C. Read his account here. And since the release of our 2014 Employment Background Screening Trends Survey Report a couple weeks ago, we’ve begun to dive deeper into the specific results in our post, EmployeeScreenIQ Survey Reveals Criminal Offenses That Concern Employers. And lastly, with news of a luggage theft problem at LAX, we shared best practices for the airline industry to improve its background screening practices.

Kaplan Higher Education Triumphs Again Over EEOC on Employment Credit Reports

Earlier this week, the Sixth Court of Appeals affirmed a lower court ruling granting summary judgment to Kaplan in a high profile lawsuit brought by the Equal Employment Opportunity Commission (EEOC v. Kaplan Higher Education Corp.) over their use of employment credit reports. Read More

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Airport Background Checks

It can be an uncomfortable feeling—laying down all of your personal items, removing items like belts and shoes, all to go through a scanner where a TSA agent will undoubtedly see all. And if that isn’t intimate enough, often we must walk through the full body scanner, where once again, a complete stranger can literally see it all. However, most of us shrug off these moments of vulnerability, because of course—it’s for our safety.

But even if you and your luggage make it through security unscathed, there’s still a chance someone else could be rummaging through your bag later. And hearing a story like this one might make you uncomfortable the next time you check baggage. While there have been headlines of TSA agents stealing from passenger’s luggage, in this instance, the luggage was out of the passenger’s hands and behind the scenes. [...]

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Trends Cover

Nearly 600 human resources professionals opened up to EmployeeScreenIQ about how they use employment background checks to make hiring decisions and their candid feedback is detailed in our just-released, fifth annual survey of U.S. based employers. The new report looks at how companies manage the process of employment screening, their practices concerning Fair Credit Reporting Act (FCRA), Equal Opportunity Employment Commission (EEOC) guidance, candidates’ self-disclosure of criminal records and how they address adverse findings.

In the past few years, the EmployeeScreenIQ Trends Survey has become a benchmark many employers use to evaluate their background screening policies and practices. This year’s survey provides a unique cross-section of opinions and insights from an assortment of organizations and is a must-read for HR professionals that want to learn about what their industry peers are doing.

Today, we’d like to analyze one of our top findings: What Types of Conviction Records Might Disqualify a Candidate From Employment? [...]

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The National Association of Professional Background Screeners (NAPBS) met last week in Washington D.C. for the 2014 Legislative and Regulatory Conference. The conference brought together over 300 background screeners, regulators, and lawmakers for an annual event in the Capitol. Note that this recap includes observations based on my role with EmployeeScreenIQ and reflects my views as a provider of background checks—the content of this post does not reflect the views of NAPBS.

The conference kicked off on Monday April 7th with two polar opposite keynote speakers. The Equal Employment Opportunity Commission (EEOC) Chair Jacqueline Berrien addressed attendees first and was followed by a dramatically different message from Georgia Attorney General Sam Olens. So, how were these two speakers received? Let’s just say that only one speaker received a standing ovation—and it wasn’t Chair Berrien.

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Earlier this week, the Sixth Court of Appeals affirmed a lower court ruling granting summary judgment to Kaplan in a high profile lawsuit brought by the Equal Employment Opportunity Commission (EEOC v. Kaplan Higher Education Corp.) over their use of employment credit reports. First and foremost, we want to congratulate our good friend Pam Devata and her colleague at Seyfarth Shaw who have done a wonderful job on this case since it was originally filed.

You might recall that the EEOC lost its case in the lower court because the research conducted by their expert witness (which concluded that credit reports have a disparate impact on minorities) was flawed. And without that research, the EEOC’s case fell apart. The judge basically indicated that without reliable statistical evidence of discrimination, the EEOC’s hard line enforcement doesn’t stand up in court.

This case is particularly important for those that conduct pre-employment credit reports as well as those concerned about the EEOC’s perspective on employment background checks.

Now, let’s dissect the ruling here. [...]

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Background Screening Trends

Just last week we released the results of our 5th Annual Survey Report entitled, The Unvarnished Truth: 2014 Top Trends in Employment Background Checks. Our survey report shares the top screening trends based on the opinions of nearly 600 HR professionals, who responded from November 2013 through January 2014. You can download the report here. Nick shared vital information for employers that conduct background checks in the state of New York in State of New York to Withhold Certain Criminal Records. And most recently, we shared a post on a not-so-frequent topic—the re-screening of employees. A one-time pre-employment background check might not be all your company needs, for more information read Once a Winner, Not Always a Winner: 3 Reasons to Re-Screen Employees.

The Unvarnished Truth: 2014 Top Trends in Employment Background Checks

Nearly 600 human resources professionals opened up to EmployeeScreenIQ about how they use employment background checks to make hiring decisions and their candid feedback is detailed in our just-released, fifth annual survey of U.S. based employers. Read More [...]

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Rescreening Employees

Before hiring a candidate, you order an employment background check. Let’s say the results come back clean in every area—criminal background, resume verification, and drug screening. Your candidate also meets the requirements and skills needed for the position, so you decide to move forward. Now the question is…is a one-time background check enough? Maybe, maybe not.

You make a hiring decision based on the information you have at the time of hire, and as I’m sure you already know—people and circumstances change over time. That being said, it’s important to maintain a safe work environment by not only screening new employees, but current ones as well.

3 Reasons to Re-Screen Employees

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Background Checks in New York

This week, we received notification that as of April 1, 2014, the New York Office of Court Administration (OCA) will no longer provide a criminal history for any individual whose only conviction was a single misdemeanor charge more than ten years prior to the date of the search request.

This is important information for anyone who conducts employment background checks in the state of New York to know, because none of the state’s lower courts (those which would hold misdemeanor records) allow direct access to individual county criminal history records and instead mandate the use of the OCA for research. Criminal history records in these counties are only accessible through the OCA. Therefore, if your candidate was convicted of one misdemeanor offense more than 10 years ago, that information will no longer be reported.

Is There Really A Lot of Exposure Here? [...]

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Trends Cover

The results are finally in!

Nearly 600 human resources professionals opened up to EmployeeScreenIQ about how they use employment background checks to make hiring decisions and their candid feedback is detailed in our just-released, fifth annual survey of U.S. based employers. The new report looks at how companies manage the process of employment screening, their practices concerning Fair Credit Reporting Act (FCRA), Equal Opportunity Employment Commission (EEOC) guidance and candidates’ self-disclosure of criminal records, and how they address adverse findings.

The 2014 survey report,The Unvarnished Truth: 2014 Top Trends in Employment Background Checks confirms that employers continue to rely on background checks to protect themselves, their workforces and their customers. The 26-page report examines a range of potentially contentious issues facing hiring organizations, perhaps most notably the impact of criminal records on hiring and the practice of asking candidates for self-disclosure as even more states and municipalities adopt “ban the box” legislation. [...]

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Accredited_US_Emp copy

We’re pleased to announce the successful completion of our three-year Interim Surveillance Audit for the Background Screening Agency Accreditation Program (BSAAP) with the National Association of Professional Background Screeners (NAPBS) Background Screening Credentialing Council (BSCC). I’m fully aware that that was a mouthful, so let me restate in English:

EmployeeScreenIQ has successfully demonstrated continued compliance with the BSAAP’s Accreditation Standards and will continue to be formally recognized as BSCC-Accredited. This recognition represents EmployeeScreenIQ’s continued commitment to excellence, accountability, high professional standards and continued institutional improvement.
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