In the new television show “Flash Forward” from ABC, everyone gets a brief glimpse into what their lives are like 6 months into the future. So I started thinking about what the future holds for the employment screening landscape. Let’s take a look into that crystal ball together…

Quicker, faster, less expensive criminal records
More states and counties are making more information available in quicker, easier to access formats. This leads to better processes, increased clarity when reviewing old records, and faster turnaround times.

New services are emerging as complementary tools to a client’s screening program. A National Criminal Search is an example of a quality service that can provide additional information alongside the high quality county criminal search.

Amongst county court researchers, new technologies and search methods are taking shape. Hit percentages are increasing, delivering companies even better information to make strong hiring decisions.

Longer, tougher, more expensive criminal records
Wait a minute. Didn’t things just get better, faster and cost less? By and large, that will still be true in the future. But criminal records are best found by searching the county courthouse, and some communities are feeling the economic pinch. Less tax revenue means fewer staff members and the technology upgrades that are needed for a fast, streamlined background check.

How will this impact your background check program? Courts may balance budgets by restricting access and/or charging more money for court documents. Some courts close early, or shut their doors one day a week. Others are furloughing or permanently laying off court clerks.
Now, this is a localized issue. Not every jurisdiction will do this. And not every client will see delays. But for those who do, this is likely why. Hopefully, this trend will abate is things begin to improve.

People looking toward people looking for shortcuts
As the economy treads water, candidates will become more desperate to look good to the shrinking number of hiring managers filling open positions.

Where there are desperate candidates, there are others only too willing to take their money. Fake colleges and universities are sprouting up like weeds. These organizations offer diplomas and degrees for “life skills” which apparently rest solely upon a person’s ability to open their checkbook!

But the only victims here are the companies that do not do quality background checks. EmployeeScreenIQ is an industry leader in identifying and snuffing out diploma mills. New diploma mills pop up every day, but our team works hard and tries to find each and every one of them.

Most worrisome is the “employment mill,” an emerging phenomenon. Companies, for a fee, provide a verification of your “employment history.” It’s nothing but a set of lies. Plain and simple.

People looking away from people looking for jobs
Another scary trend shows no signs of abating. It is taking longer for schools and companies to provide education and employment verifications. As organizations deal with their own budget shortfalls, staff is either reduced or directed toward revenue producing activities. This means moving slower when it comes to verifying the employment history of your candidate. We chronicled this development earlier this year. See How Another Company’s Downsizing Negatively Affects YOUR Hiring Initiatives

Getting information through education and employment verifications remains a common courtesy. EmployeeScreenIQ team members are highly skilled at obtaining it; cajoling those who get no material benefit from cooperating to provide detailed insight in a timely manner. But as people become busier and administrative staffs shrink, providing information becomes even less important to those who hold it.

In another effort to balance budgets, states begin releasing early convicted criminals who have not served their entire sentence. Companies will see early release prisoners submitting applications for employment. At the same time, government agencies such as the EEOC are looking at the link between those denied jobs and the rationale used by employers. Regulatory officials are increasing their focus on its applicability and relevancy when making hiring decisions.

Some companies strengthened their screening strategy. Some companies…
A number of companies reviewed their screening program to ensure it was consistent and compliant. They evaluated whether it took advantage of new screening tools that were not formerly available. They assembled the appropriate stakeholders, created a structure and installed a modern, relevant and value driven screening program. By leveraging their screening partner’s expertise, they protected their organization.

Others stood still. Hoped the program that was selected in 2005 remained the best program for 2010. They didn’t engage their screening provider or passed on recommended changes. Some forgot the rationale behind a particular service, and re-ordered it each time in the future because it was ordered each time in the past.

Obviously, EmployeeScreenIQ prefers the former approach. So as we head back to the present, how do we together create something that lives on into the future?

Crafting a stronger, better future
A background check program is like a race car engine. Each piece should be periodically taken apart, cleaned, and reinstalled. New services should be evaluated, old services reconsidered.

The passage of time can be an enemy for clients whose program does not evolve, while the future affords the greatest opportunity to advance, strengthen and prosper. EmployeeScreenIQ truly enjoys working with clients on this process. But as excited as we get when you ask us to consult on the state of your screening program, we don’t know your business as well as you know your business. And we might not know when that engine needs a tune up.

If you’re hiring less and spending fewer total dollars, maybe design the program you always wanted, rather than the one you could afford when your total outflow was higher. Conversely, if we heard your future strategic goals, we might strongly recommend eliminating services you ordered for years. So it doesn’t always mean spending more. But it does mean spending smarter.

We’re entering a challenging time. Not because quality will plummet or costs will dramatically rise, but because there are things in flux whose outcome can’t be predicted. When will courts stop closing early on Tuesdays and Thursdays? Or re-hire the staff they furloughed? But on the flip side, which courthouses will increase the access they provide? Who will leverage technology to make more information available faster? Which new diploma mill will we sniff out tomorrow? It’s too bad we can’t “Flash Forward” in real life.

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 by email at kbachman@employeescreen.com.

Recently a long awaited study was published on the recidivism rates of those convicted of certain criminal activity. The “Blumstein Study” was conducted by Carnegie Mellon professor Alfred Blumstein and co-author Kiminori Nakamura. They examined New York State Arrest records for more than 88,000 individuals’ ages 16 to 20 who were first arrested in 1980 for robbery, burglary or aggravated assault. They then analyzed recidivism rates for these individuals over the next for 27 years through 2007. They concluded that ex-offenders do in fact have a high rate of recidivism within the first five years after arrest. However, the study suggests that for offenders who “stay clean” for five years or more are much less likely to get arrested. They conclude that those who have not committed additional offenses after five years are almost as likely to commit a crime as the rest of the general population of the United States.

The study is timely and important for many reasons. First, the Obama administration has made it a point to break down barriers for individuals who have committed crimes to gain employment. Secondly, the EEOC has a mission to ensure a disparate class of ex-offenders is not created in the United States. Combine that with their contention that minorities are arrested and prosecuted at a much higher rate than Caucasians. The EEOC’s E-RACE (Eradicating Racism and Colorism from Employment) initiative is designed to improve their efforts to ensure workplaces are free of race and color discrimination. According to their website:

*Specifically, the EEOC will identify issues, criteria and barriers that contribute to race and color discrimination, explore strategies to improve the administrative processing and the litigation of race and color discrimination claims, and enhance public awareness of race and color discrimination in employment. As a framework for implementing the E-RACE Initiative, EEOC has developed a set of detailed E-RACE goals and objectives to be achieved within a 5-year timeframe from FY 2008 to FY 2013.

Additionally, the Commission will combine the objectives of E-RACE with existing EEOC initiatives. For example, the Commission will integrate the goals of the Systemic Initiative by addressing race and color issues with class and systemic implications. It will incorporate the principles of the Youth@Work Initiative by combating disparate treatment of youth based on race and color. And, the Commission will complement the outreach and enforcement efforts of the LEAD Initiative by challenging exclusionary employment policies that adversely impact people of color who also have disabilities (in both the private and public sectors).

Finally, the Commission will strengthen partnerships with employee advocates and state and local human rights commissions and increase its outreach to human resource professionals and employer groups to address race and color discrimination in the workplace.*

The underlying issue is that the Blumstein study has a lot of holes. Noted employment screening industry experts and members of the National Association of Professional Background Screeners (NAPBS) have commented on this study for months. Recently, Security Management Magazine published a great article on the topic as well. One well respected expert concluded that because the study was limited to New York State it fails to find those criminals who may have committed crimes in other states. Blumstein acknowledges this and expects that might lead to a 10 percent increase in the risk findings after that data is added. The same expert also notes that because the study only looks at arrests and not convictions the true sample size is greatly reduced.

In my opinion these industry experts are spot on! Having examined the findings of the study I find even more shortcomings. First, what are the parallels between “major” and “minor” crimes; meaning, how does the recidivism rate for someone convicted of armed robbery compare to someone convicted of petty theft? Secondly, the study is only able to track the rate of those who committed the same crime a second time and only for those who were actually caught. Just because a person hasn’t been arrested or prosecuted doesn’t mean that they have been rehabilitated. It can mean that they just haven’t been caught. Lastly this study only analyzes those who committed robbery, burglary or aggravated assault. It excludes all other criminal activity, so at best; this study would only be valid for those ages 16 to 20 who committed those crimes.

Many speculate that employers should take special note of the study’s conclusion. Some even suggest that this information might be helpful to states focusing early prison release programs. Right now, in my opinion, nothing should be concluded from this study other than more research needs to be performed. While future studies might indeed create a clear picture, this study is simply a stepping stone for additional research that incorporates a greater spectrum of criminal activity, a larger sampling size, a more diverse age group and a nationwide analysis. I also think that rather than analyzing arrest records which often do not lead to convictions or to convictions of lesser offenses; they should focus only on convictions. Of course, we’ll be following future studies for more conclusive information.

Jason Morris is the president and C.O.O. of Cleveland-based EmployeeScreenIQ , a best practices provider of employment screening services throughout the U.S. and worldwide. Jason can be reached at (800) 235-3954 ext. 424 or jmorris@employeescreen.com.

How to Comply
Employers must establish an account with the Department of Homeland Security by completing a Memorandum of Understanding. An account can be set up directly with DHS or through an approved channeling agent. Once the MOU has been approved, access to the E-Verify database will be activated. The employer must then have the employee complete an I-9 form and query the database within the first 48 hours of a new hire’s start date to determine if they have a legal right to work in the United States.

There are only two possible results of the query: Confirmation of the person’s legal right to work or a Tentative Non-Confirmation. In the event of a Tentative Non-Confirmation, employees are given 8 business days to resolve the issue with the Social Security Administration and, or DHS.

For more information about the Federal Contractor Guidelines, check out our podcast with Form I-9′s Stu Lawrence.

Question:

When it comes to criminal records, what is the best way to determine who I should and shouldn’t hire?

Answer:

There really is no hard and fast rule that employers collectively follow when it comes to denying employment based on a candidate’s criminal history, nor should there be. Employers should evaluate each criminal record on an individual basis to ascertain whether the candidate qualifies for employment. EmployeeScreenIQ recommends asking the following questions when evaluating a candidate’s criminal record:

1. How long ago did the conviction take place?
2. How serious is the offense?
3. Does the nature of the crime impact the candidate’s ability to do the job?
4. Is the person a repeat offender?
5. Has the candidate stayed out of trouble since the conviction occurred?

Should there still be uncertainty regarding suitability for employment after answering these questions, we recommend that employers work with their legal department to determine the best course of action.

Question:

What do I need to do when I decide not to hire someone based on the results of their background check?

Answer:

The Fair Credit Reporting Act (FCRA) states that employers must follow specific adverse action procedures when denying someone employment based on the results of his or her background check. Employers must first send a notice (Pre-Adverse Action Letter) to the candidate indicating that a background check was conducted and include a copy of the background check along with a copy of “A Summary of Your Rights under the Fair Credit Reporting Act.” This allows the candidate to identify any inaccuracies in the report and dispute it directly with the Consumer Reporting Agency (CRA).

Once the initial notification has been sent and after allowing sufficient response time, the employer can then proceed to take adverse action. Employers must send a follow up notification (Adverse Action Letter) to the candidate indicating that they have decided not to offer them a position with their company due to the results of the background check. Within this notification, the employer must disclose the contact information for the CRA who conducted the background check and explain that the CRA did not take the adverse action against them and cannot provide any details regarding why the adverse action was taken. The employer must also notify the candidate of their right to obtain a free copy of their report and dispute the accuracy of the results.

In addition to denial of employment, employers must follow adverse action procedures when terminating a current employee or denying them a promotion with their company based on the results of a background check.

Some states have more stringent adverse action processes that must be followed for residents of their states. For information regarding any special adverse action procedures in your state, we recommend contacting your legal department for this information.

Samples on a Pre-Adverse and Adverse Action Letters can be found at EmployeeScreenIQ’s Resources Page.

Question:

I have heard there are products aimed to help people mask drugs in their system. How easy is it for my candidate to cheat a urine drug test?

Answer:

Simply put: not very! Collections sites, labs and medical review officers have numerous safeguards in place to make sure a donor has little to no opportunity to skew the results. Here’s a breakdown of those safeguards:

Collection sites: Before entering the room in which they will provide their specimen, donors must empty their pockets and leave any purses, backpacks, coats etc. in the waiting room. This practice minimizes the risk of the donor bringing in any type of dilution or masking agent and adding it to their specimen. Within the room itself, blue dye is added to toilet water and hand sinks are not present so donors are not able to dilute their specimen with water. Once the specimen has been provided, collection site personnel record the temperature to ensure it is fresh and seal the specimen container for transport.

Labs – When the specimen is received by the laboratory, the first thing they do is test the PH level of the specimen to make sure it is consistent with human PH levels. They also run tests to see if any adulterant has been added to the specimen in order to modify the results.

Medical Review Officer (MRO) – Should a result turn up positive, the MRO will check with the donor to see if he or she is on any medication that may affect the results of the test. Should the donor indicate he or she is taking a prescribed medication, the MRO will not accept this claim at face value. The donor is required to provide proof to the MRO that this medication has been prescribed to them by either providing a copy of the written prescription or a note from their pharmacy or doctor.

So, as you can clearly see, trying to circumvent the drug testing process is no easy task. I won’t go as far to say that it has never been done but I’m pretty confident employers have little to worry about.

If you would like to submit a question to “Ask the Screener”, please send an email to info@employeescreen.com. All names and companies will be kept confidential.

This past August we celebrated EmployeeScreenIQ’s ten year anniversary and I wanted to reflect a bit on the company we were, the company we are today and the company we strive to become.

In 1998 we had an vision to develop a background screening organization built on best practices, strict compliance, adaptive service which would allow us to cater clients’ unique needs and an innovative technology solution to bring it all together. With nothing to lose in 1999, we embarked on this incredible journey.

EmployeeScreenIQ was nothing more than a concept. We thought we would put this little company together and see where it went. We hired our first employee (who is still with us today) after only a few months. We started to build an operational platform based on Total Quality Management, and in just one year, we quadrupled in size. While most businesses were struggling following the events of September 11, 2001, our business took off. Never was security a bigger issue and that, of course led businesses to take unprecedented security measures. We grew faster than any of us had ever imagined and quickly took over every inch of free office space in our old headquarters building.

We grew our business with a skeleton sales department and practically no advertising. Business grew by referrals and reputation rather than through sophisticated marketing. Our best sales people were our clients who would spread the word about our work. We increased our capacity and built an infrastructure capable of handling any volume of business. Our core group stayed principled on the foundation we started with; best Practices, compliance and commitment to educating the marketplace. We wanted to be a leader in this industry and knew the only way to do so was to set a new standard, not follow the old norms.

At the same time we were growing, so too was our industry. What was once an industry riddled with Private Investigators and Ex-Cops, Feds and Attorneys has transformed into a Professional Industry. In 2003 EmployeeScreenIQ was instrumental in starting the National Association of Professional Background Screeners (NAPBS). We understood the importance of having consistency and integrity in an industry that lacked it. I sat on the original Board of Directors and had the honor of serving as the 2005-06 Co-Chairman. Today, the association is getting ready to launch its first ever accreditation program, which has been in the works for over 5 years.

Before we knew it, we took over every square inch of available office space in our building and were busting at the seams. We were processing more background checks for more clients. By 2007, we signed our 2000th client and expansion in our original office building was no longer an option. We signed a lease for triple the office space and moved by the end of the year.

And now in 2009, EmployeeScreenIQ is honored to serve over 2,800 clients. We have been recognized as one of NE Ohio’s Fastest Growing Companies for five consecutive years. We have been named to Workforce Management Magazine’s “Hot List” of employment screening providers for the last two years. We even launched our very own, EmployeeScreen University, a first of its kind interactive learning website for HR professionals seeking to boost their background screening “IQ”.

EmployeeScreenIQ has always strived to be the best at what we do. While we feel that this mission was accomplished years ago, it is an evolving process which requires constant care and attention. We have to constantly “raise the bar” to stay the best. We have great clients and fantastic employees to serve them every day. In a recent interview we were asked what makes us so passionate about our work. Its simple. We love and care about what we do and we find a way to instill this passion throughout the organization.

So as we celebrate our first decade in business I want to extend my deepest gratitude to our hard working employees (past and present), and to our valued clients. Thank you for giving us a shot when we were that small two person company and for believing in our ideas. Thank you for entrusting your company’s security and well being to us. We will continue to earn this trust every day we serve you through hard work and dedication. I look forward to writing this letter again in 2019!

Jason Morris is President and C.O.O. for Cleveland-based EmployeescreenIQ, a best practices provider of pre-employment screening services throughout the U.S. and worldwide. Jason can be reached at (800) 235-3954 or by email at jmorris@employeescreen.com.

Since 1987, the Weatherhead 100 has showcased the fastest growing companies in Northeast Ohio. Recognized organizations must demonstrate consistent growth over the previous five years. The Weatherhead 100 list is objectively determined annually and highly regarded throughout the region. It is branded as a testament to hard work, commitment, innovation, and the dream to succeed.

CLEVELAND / October 15, 2009 – EmployeeScreenIQ (www.employeescreen.com), a global leader in employment background screening services, will be spotlighted next week in a special series of events at Recruiter Earth (www.recruiterearth.com).

“EmployeeScreenIQ Week” will offer a series of podcasts aimed at recruiters and HR professionals, as well as videos and other downloadable content. The presentation will take place October 19-23; it’s part of an ongoing series hosted by Recruiter Earth, a social networking Web site for recruiting and staffing professionals.

“EmployeeScreenIQ is the de facto company for background checks and we are excited to learn everything there is to know about them,” said Jim Shaki, founder of RecruiterEarth.com. “We hope recruiting and staffing professionals will join us in learning why background checks are essential to their profession.”

The week will include the following events:

• A welcome podcast by EmployeeScreenIQ principals Jason Morris, president and chief operating officer, and Nick Fishman, chief marketing officer.
• A podcast featuring EmployeeScreenIQ and partner iCIMS, a leading talent management platform.
• A podcast with Dawn Murphy of Continental Airlines, an EmployeeScreenIQ client, who will explain their experiences with background screening providers.
• A video introducing the EmployeeScreenIQ management team, their roles, and what drives the passion for their jobs.
• Free download of EmployeeScreenIQ’s new article about diploma mills.
• Finally, the week will conclude Friday with the podcast, “This Week in Background Checks,” examining what’s new in the world of background screening.

Those who participate will also be entered into a drawing for an Amazon Kindle.

“This upcoming event will give recruiters an opportunity to experience different trends and best practices in the employee background screening world, “said Nick Fishman, chief marketing officer for EmployeeScreenIQ.