Amy McArthur joined employeescreenIQ in July as a Background Specialist. Amy holds a Bachelor of Arts degree in English from Baldwin Wallace College. Amy has previous experience with a staffing company in the healthcare industry.

Robert Voss joined employeescreenIQ in July as a Background Specialist. Robert is a recent graduate of Tiffin University with a Bachelor of Arts degree in Business Administration.

Brian Fettner joined employeescreenIQ in July as a Background Specialist. Brian holds a Bachelor of Arts degree from DePaul University and is working toward completion of an MBA degree from Case Western Reserve University in May 2007.

April Griffin joined employeescreenIQ in August as a Data Processor. April is a recent graduate of Shaker Heights (Ohio) High School.

Tiffany Frank joined employeescreenIQ in August as a Client Relations Associate. Tiffany holds an Associates Degree from Yuba College and is currently pursuing a Bachelor of Arts degree in Business through DeVry University. Tiffany currently serves in the U.S. Army National Guard where she handles Human Resources duties for her unit.

Colleen Lodwick has been promoted to Senior Background Specialist. Colleen has been with employeescreenIQ since May 2005.

Brianna Daniels has been promoted to Director of Compliance. Brianna originally joined employeescreenIQ in April 2000.

Kevin Bachman has been promoted to Vice President of Quality Service. Kevin joined employeescreenIQ in April 2002.

Kelly Lucha has been promoted to Director of Client Relations. Kelly has been with employeescreenIQ since May 2003.

Andrew Cashman has been promoted to Director of Public Records. Andrew has been with employeescreenIQ since December 2001.

Aleisha Wolf has been promoted to Client Relations Manager. Aleisha has been with employeescreenIQ since October 2004.

Dawn Shanklin has been promoted to Criminal Records Specialist – Verifications Team. Dawn has been with employeescreenIQ since May 2006.

Theron Gamble has joined the Public Records Department as Criminal Records Specialist. Theron has been with employeescreenIQ since February 2005.

een**IQ** since February 2005.

September 17-19, 2006
The Food Marketing Institute (FMI) Human Resources Training and Development Conference held at the Ritz Carlton Hotel in Montreal, Quebec. This conference is designed to enhance professional partnerships and provides information on critical business issues for those in the grocery industry, such as diversity management, compensation and benefits trends, development of workforce skills, and leadership development.

September 24-25, 2006
The 2006 NAPBS Mid-Year Meeting will be held at the Omni San Diego Hotel in San Diego, CA. The Mid-Year Meeting will focus around the Board of Directors and the Committees, along with some networking time.

October 24, 2006
HRMAC Summit 2006 held in Chicago, IL at the Donald E. Stevens Convention Center. This full day of education will include four top-notch general sessions offering the latest tools and techniques to solve today’s workforce challenges.

November 12-15, 2006
2006 Annual Pre-Employment Screeners Conference held at the Sheraton Sand Key Resort Clearwater, Florida. BIS president and C.O.O. Jason B. Morris will be speaking at this conference.

March 19-21, 2007
The 30th Annual SHRM Global Forum Conference and Exhibition held at the Hyatt Century Plaza in Los Angeles, CA. Join and network with hundreds of other HR professionals from around the world for strategic discussions, workshops and presentations about global HR practices and issues.

April 23-25, 2007
The 38th Annual Employment Management Association (EMA) Conference and Exposition held at the New Orleans Marriot in New Orleans, LA. This event is specifically designed to focus on the distinctive interests and professional development needs of employment professionals.

June 24-27, 2007
The 59th Annual SHRM Conference and Exhibition held at the Las Vegas Convention Center in Las Vegas, NV. The SHRM Annual Conference & Exposition offers the most comprehensive and relevant professional development programs that improve your knowledge, skills and abilities as an HR professional for the best price in the market today.

employeescreenIQ has long been recognized by Security and Human Resource professionals as a best practices provider of pre-employment screening services. With a well established national footprint, we seamlessly provide a variety of services to clients across the globe. We could not have done it alone.

The rationale for doing background checks has become a mainstream, accepted practice within the last five to ten years, but the best methods for performing one continue to evolve. From year to year, and even month to month, we navigate a myriad of conflicting state and federal laws that pertain to the collection and use of information found in consumer reports. Courts across the country change procedures constantly, and without much advance notice. It is our commitment to recognizing and adapting to these shifts that have earned us our reputation.

But we could not achieve such distinction without the cooperation of our clients. Virtually across the board, we find you, our screening partners, are engaging and open minded when it comes to creating and promulgating a successful background check program. This does not stop after the sales process; together, our partnership extends into our day to day relationship as we strive for new and better ways to serve you.

For example, in July, we launched a new web ordering system, complete with a redesigned home page, so clients can more easily order and retrieve background checks. Prior to this rollout, we conducted training sessions every Friday for over a month. We were very pleased with the turnout, and virtually every online classroom session we conducted was at capacity.

We are also rolling out a new I-9 verification process. This new product allows clients near instant, online access and confirmation of an employee’s right to work status. We invited every client to participate, and in less than one week, have virtually filled all open slots in the planned seminar. As a result, we are looking at adding additional training seminars to take advantage of the demand for this product. Please send an e-mail to clientrelations@employeescreen.com or call us at 1-800-235-3954, option 2 if there are other topics you would like us to cover. Such a receptive audience, interested in hearing our recommendations, bodes well for our continued successes together.

There are other ways our counsel can be used to your advantage. Our position as a provider for large, mid size, and small companies affords us the opportunity to see what clients across a broad spectrum consider a comprehensive background check to be. We combine these observations with our expert skill and can recommend a comprehensive program. As our relationships deepen and the industry evolves, we periodically reach out to clients and analyze your individual basket of services together. Rebalancing, when needed, is core focus for the latter part of 2006 and all of 2007.

We thank you for your continued trust and faith in us. We feel it is our responsibility and obligation to continue to advocate to each client they perform the best background check possible while delivering maximum value for your screening dollars. Your selection of us as your partner demands we do nothing less.

Kevin Bachman is Vice President of Quality Service for Cleveland-based employeescreenIQ, a best practices provider of pre-employment screening services throughout the U.S. and worldwide. Kevin can be reached at (800) 235-3954 ext. 450 or kbachman@employeescreen.com.

employeescreenIQ is happy to announce that we successfully launched My Employeescreen 4.0™ on July 24, 2006. My Employeescreen 4.0™ is a major upgrade over our former on-line ordering system My Employeescreen. Some of the new benefits of this completely re-designed interface include:

• Simplified Dynamic Ordering Wizard (Reduced data-entry)
• Archived Results
• Real-Time Report Status Updates
• Advanced Result Reporting and Management Features
• Client inbox for direct communication with employeescreenIQ
• Enhanced Security, Stability and Performance Features
• Advanced Filtering Options
• Advanced Administrator Control Options
• On-line posting of court copies and other important documents
• On-line Management Reports
• Several Instant Search Options Available
• Over 100 improvements in all

We wish to thank our valued client-partners whose input and feedback over the past year was vital to the design and implementation of this system. We also appreciate the flood of system users who participated in our training sessions before the launch. Your proactive efforts to explore our new system made this a seamless transition.

For more information about this dynamic new system, please contact us at (800) 235-3954.

We are proud to announce that employeescreenIQ was recently informed that we have been recognized as a 2006 Weatherhead 100 Award Winner as one of the 100 fastest growing companies in Northeast Ohio. This is the second consecutive year that employeescreenIQ has received this distinction, finishing 4th out of the one hundred recognized organizations in 2005. Final rankings for 2006 will not be announced until December.

The Weatherhead 100 has been the event that showcases the fastest growing companies in Northeast Ohio since 1987. Recognized organizations must demonstrate consistent growth over the previous five years. The Weatherhead 100 list–objectively determined annually and highly regarded throughout the region–is a testament to hard work, commitment, innovation, and the dream to succeed.

Fair Credit Reporting Act 101

As your organization grows and evolves and as employeescreenIQ continues to expand it is important to revisit the roots of our right to conduct compliant background checks. Each of our clients receives information about the FCRA and state laws upon account registration and we provide regular updates as modifications are made I thought it might be wise to review the most basic standards of The Fair Credit Reporting Act (FCRA).

In 1970 the FCRA was enacted by the Federal Trade Commission (FTC) in order to promote accuracy, fairness and privacy of information assembled by Credit Reporting Agencies. In 1996 the FCRA was amended under the Consumer Credit Reporting Reform Act. These amendments contained several “improvements” to the FCRA and limited the pre-emption of what some considered stronger state laws. When these amendments were adopted in 1997 it included not only Credit Reporting Agencies but also Consumer Reporting Agencies (CRA’s). This now-broadened area of the FCRA arguably changed the pre-employment screening industry and defined the construct within which reputable CRAs serve our clients today. Many of the areas that were considered ambiguous under the language of the FCRA and its amendment were subsequently clarified by opinion letters published by the FTC, but there was still confusion as to what would be considered a CRA.

In 2003 the FCRA was amended yet again under the Fair and Accurate Credit Transactions Act of 2003 (FACTA). This act, among other things, finally clearly defined pre-employment screening companies as CRA’s and solidified any argument that could have been made to the contrary. However, it is important to note that since 1997, the FCRA has set the national standard for pre-employment screening as it applies to background checks conducted by CRA’s as opposed to those conducted in-house using your organization’s own resources. The spirit of the FCRA is to protect consumers and many would argue that in this latter case, the law falls short.

Listed below are some of the most basic compliance requirements mandated by the FCRA:

• Users must have permissible purpose – For BIS clients, that permissible purpose is contained in Sections 604(a)(3)(B) and 604(b).

  “For employment purposes, including hiring and promotion decisions, where the consumer has given written permission.”

  While there are other permissible purposes such as tenant screening, suitability for credit, etc. BIS only conducts background checks for employment purposes unless otherwise notified.

• Users must provide certifications – Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting agency (CRA) unless the person has certified to the CRA the permissible purpose(s) for which the report is being obtained and certifies that the report will not be used for any other purpose
• Users must notify consumers when adverse actions are taken: The term “adverse action” is defined broadly by Section 603. “Adverse actions” include all business, credit, and employment actions affecting consumers that can be considered to have a negative impact as defined by Section 603(k) of the FCRA – such as denying or canceling credit or insurance, or denying employment or promotion. No adverse action occurs in a credit transaction where the creditor makes a counteroffer that is accepted by the consumer. If a user takes any type of adverse action as defined by the FCRA that is based at least in part on information contained in a consumer report, Section 615(a) requires the user to notify the consumer. The notification may be done in writing, orally, or by electronic means
• Other obligations can be found at: http://www.employeescreen.com/web/pdfs/Notice_Users.pdf

Basic Tips for Complying with the FCRA:

• Ensure that your applicant signs a release consenting to a background check
• The release must be a separate document; it may not be attached to a job application or any other document
• When making an adverse hiring decision based on the outcome of the information provided by a background check, be sure to follow the pre-adverse and adverse action policy as laid out in the FCRA
• Do not use arrest records in your hiring decision
• Ensure that all other steps in the notice to users documents are adhered to. The fine for not following the FCRA can exceed $10,000 per incident

This article covers some of the basics of the FCRA at the federal level, but does not address the myriad of individual state regulations. It is very important to stay up to date with the various laws governing use of consumer reports in the states in which you do business. Contact employeescreenIQ if you have questions about the FCRA or state laws regarding consumer reporting.

As a Consumer Reporting Agency, employeescreenIQ gathers information from many public record sources. Statewide Sex Offender Registries are somewhat unique among public record sources, in that access to a significant amount of personal information on sex offenders is widely available for free and with few or no questions asked. This seems to run against the steady current of increasing legislation designed to safeguard personal information against identity theft and other invasions of personal privacy. Additionally, many employers don’t perceive a need to check a sex offender registry if they are already conducting a county-level criminal record search. Read on to understand why and when a check of the sex offender registry is appropriate for your applicants.

Unparalleled availability of personal information

Virtually every state makes sex offender information available through the internet without asking so much as a password, reason for the information, or name of the requestor. Type in a name to search, and you can find out if that individual is a registered sex offender. Even better, type an address or zip code, and you can bring up all sex offenders living within the neighborhood, zip code, city, county, or state. Typically you’ll see the individual’s name, age, date of birth, ethnicity and address, the crime they were convicted of, a physical description including known tattoos and piercings, and even a photograph of the individual. This is an indispensable tool for parents, families, and others who want to keep track of this information in their local neighborhood.

By contrast, other public record sources generally don’t make such detailed information available to the public. County courthouses that provide criminal searches via public access offices or the internet require that you provide the name and correct spelling for each individual you are checking. Search results in metropolitan areas will typically deliver a long list of ‘hits’ for even marginally common names, which may or may not be associated with your particular candidate. Positively associating a criminal record with your candidate requires use of additional identifiers, which are not always readily available through public access points. An advantage of using a reputable Consumer Reporting Agency is access to a nationwide network of experienced professional court researchers who know how to perform this validation and when additional research is warranted.

What makes Sex Offender Registries unique?

All states have enacted a “Megan’s Law,” requiring convicted sex offenders to register with local law enforcement for the statewide database. While few would argue the rights of sex offenders in relation to their crimes, privacy advocates and the ACLU fought hard against making this personal information so easily accessible to the general public. But the Supreme Court ultimately ruled (in reversing Connecticut Dept. of Public Safety vs. Doe, 01-1231, March 5, 2003) that because convicted sex offenders pose a unique threat to local communities (primarily juveniles as well as the elderly or disabled), and because they are “much more likely than any other type of offender to be re-arrested for a new rape or sex assault,” that the community’s right to awareness of that local threat outweighs the offender’s right to privacy of her/his personal information.

The issue has recently been expanded as several communities across the country have enacted local legislation barring sex offenders from living within their boundaries. This has elicited a new wave of as yet unresolved debate.

Recent developing trend: Methamphetamine Registries

Another related development is registries enacted in a handful of states and planned in several others to track individuals convicted of manufacturing and selling methamphetamine. Because it is manufactured from household items, meth labs have sprung up in homes and neighborhoods across the country. The meth manufacturing process produces toxic waste, so the theory is that anyone in the neighborhood is a potential victim of a meth lab, not just the individuals involved in making, selling, or using the drug. Therefore, while this debate is ongoing, the implication is that meth offenders, like sex offenders, pose a unique threat to communities, and the general public has a right to awareness of their whereabouts.

Implications for employment screening

One of the most frequent questions we’re asked is “if someone is a sex offender, wouldn’t we find that in a county criminal record search?” The sex offender registry seems redundant in this respect. The answer is usually yes. However, depending on the severity or habitual nature of the criminal act(s), and how much time has passed, there are legitimate reasons you would find these records through one resource and not the other. The most serious offenders are required to register for life including when they move to another state. If the conviction occurred over seven years ago, there is no guarantee it will be reported by the county, but they will be found in the sex offender registry. Conversely, prosecution of a criminal case in the county court system can take months or years, and longer for the conviction to make its way into the state sex offender database. In this case, the county criminal search will show each stage of the record throughout the adjudication process (though it should be cautioned that an employment decision should not be based solely on an arrest record). The case will not appear in the state sex offender registry until a final conviction has been rendered plus processing time for the entry into the registry database.

When is it appropriate to run one or the other, or both?

The next question is then “how do we know when to run a county criminal search, the sex offender registry, or both?” The answer is logical:

Industry best practices dictate a seven year county criminal history be run on all employees. Each county jurisdiction of residence, including where the individual has worked or attended school over the past seven years should be checked for criminal history, and any alias names used by the individual should be checked in these areas as well.

Building from this foundation, ANY individual that will be in contact with children, the elderly, the disabled, or that will have access to residences, hotel rooms, or other living spaces is strongly recommended to be run through the sex offender registry check in addition to the 7 year county criminal history. While sex offenders are mandated to re-register every time they move, a known drawback of sex offender registries is that some offenders move out of state and fail to register with authorities at their new locale. Therefore a comprehensive check for sex offenders should include each state’s registry corresponding with any state’s the applicant has lived, worked, or attended school over the past seven years.

If it’s so easy, why use a Consumer Reporting Agency?

Sex offender registries are designed to make detailed information about potential threats to safety in the community widely available to local residents. Ease of access to these information resources shouldn’t be mistaken by employers for perfect information. Using a reputable CRA with sufficient oversight and compliance procedures in place will ensure you do not attribute a record to the wrong individual with the same or similar name. It will ensure your applicants have FCRA-mandated recourse and dispute resolution procedures in place if they believe information has been reported in error. For you, the employer, it will ensure reasonable scope of the criminal record search so that it is extensive enough to cover all areas the individual has lived, worked, or attended school going back seven years.

Essentially, any concerns over violation of privacy are eliminated when using a reputable Consumer Reporting Agency (CRA) for employment screening. The candidate or employee has provided signature consent and her/his own personal identifiers, and both the Consumer Reporting Agency and its end-user client are bound by the Fair Credit Reporting Act (FCRA) to keep the information confidential and protect the individual’s privacy in all respects regarding the information in the consumer report. Use of a reputable CRA will maximize the safety of your customers and employees, and minimize your risk of a negligent hiring lawsuit.

Rob Thomson is Communications Manager and Senior Account Executive for Cleveland-based employeescreenIQ, a best practices provider of pre-employment screening services throughout the U.S. and worldwide. Rob can be reached at (800) 235-3954 ext. 438 or rthomson@employeescreen.com.

#The Employment Verification Request and My Employeescreen 4.0™

*By Kelly Lucha, Director of Client Relations*

employeescreen**IQ** introduced our new web ordering system, **My Employeescreen 4.0™**, in July and there are many exciting new enhancements. I want to share some tips and highlight some of the new website features that relate to the employment verification to ensure the most efficient, timely, and comprehensive search possible.

There are minimum requirements needed when clients enter previous employment history. In the past, only the name of the company and the location were marked as required fields. employeescreen**IQ** has added the company phone number as a mandatory requirement. We understand that applicants do not always make this information available to you and have added a Google search feature to the ordering page. Clicking on this link will bring up the most common results for the company name using the Google search engine.

In general, the more information employeescreen**IQ** is given about a period of employment, the less time the verification will take. This includes, but is not limited to data such as employment dates, title, and the name of a supervisor. **My Employeescreen 4.0™** allows the web user to share this information by entering the data into the corresponding fields. There is also a new space for the employer’s website, which can be a valuable resource and research tool. Also, the help feature can be used for guidance during the order entry process.

It is important to save the keyed information before proceeding. This can be accomplished by clicking “Save Keyed Information and Add to Order”. The saved employment verification summary provides the options to view and/or remove the data. If multiple employers are being entered, the web user can click Add to input more periods of employment.

employeescreen**IQ** currently offers seven year employment verifications to clients and does not recommend entering periods of employment whose ending date is older than seven years ago. It is difficult to verify information older than seven years because many state laws do not require employers to keep records that long and if the records do exist they are often archived offsite or in a format that is not convenient or easily accessible. The turnaround time of these verifications is historically prolonged and a majority of them will wind up being closed due to lack of verifiable information.

One of the most sensitive topics in the area of pre employment screening is the issue of the current employer. Because of the awkward situation that occurs when a current employer is contacted for verification, but is unaware their employee is interviewing, employeescreen**IQ** does not recommend contacting a current employer unless express consent is granted by the applicant. **My Employeescreen 4.0™** has a disclaimer in the request section instructing clients not to enter the current employer if they do not wish us to contact them. If a current employer is entered into our website, employeescreen**IQ** assumes consent is granted and will contact the employer. employeescreen**IQ** cannot guarantee that only a select group of people will find out that we are conducting the verification. Also, please note that the employeescreen**IQ** researcher conducting the verification is required, if asked, to disclose we are requesting the information for pre-employment purposes.

**My Employeescreen 4.0™** also provides our confidential fax number at the end of the ordering process. Although the signed applicant release form is not required to in order to initiate an employment verification, it is virtually always the first thing we are asked for when contacting employers. Turnaround time will decrease if the signed release form is faxed proactively to employeescreen**IQ** at the time of order to prevent critical path delays while the employer waits for us to obtain the release form.

All companies have different organizational policies and procedures on what information they will share when employment verifications are requested. Because of this the turnaround time of individual searches varies. Keeping this in mind, employeescreen**IQ** has added these new features to the website to try and keep as many variables constant as possible. The addition of the Google feature and the new minimum requirements will help our Background Specialists find the correct contact person quickly to ensure your employment verification is completed as quickly as possible.

*Kelly Lucha is Director of Client Relations for Cleveland-based employeescreen**IQ**, a best practices provider of pre-employment screening services throughout the U.S. and worldwide. Kelly can be reached at (800) 235-3954 ext. 435 or klucha@employeescreen.com. employeescreen**IQ** is a 2005 and 2006 [Weatherhead 100](http://www.weatherhead100.org/default.asp) Award Winner.*
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