Helping Prevent Headaches
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Pepsi Beverages has agreed to pay $3.13 million and provide job offers and training to resolve a charge of race discrimination filed at the U.S. Equal Employment Opportunity Commission (EEOC) regarding its previous pre-employment screening policy.
According to the press release put out by the EEOC, the commission’s investigation revealed that “more than 300 African-Americans were adversely affected when Pepsi applied a criminal background check policy that disproportionately excluded black applicants from permanent employment. Under Pepsi’s former policy, job applicants who had been arrested pending prosecution were not hired for a permanent job even if they had never been convicted of any offense.”
The press release continues: “Pepsi’s former policy also denied employment to applicants from employment who had been arrested or convicted of certain minor offenses. The use of arrest and conviction records to deny employment can be illegal under Title VII of the Civil Rights Act of 1964, when it is not relevant for the job, because it can limit the employment opportunities of applicants or workers based on their race or ethnicity.”
Pepsi has since adopted a new criminal background check policy. The settlement will mostly be divided among black applicants for positions at Pepsi.
The New Jersey Education Department gave a reprieve last week to more than 180 school board members and charter-school trustees who faced the loss of their seats over the lack of criminal background checks.
We recently reported that the law, which went into effect in May, required people responsible for deciding local school policies and budgets to undergo background checks by the end of 2011 or be immediately removed from office. Crimes that would bar someone from serving included murder, robbery, luring a child, assault and drug possession or distribution. As 2012 dawned, however, more than 300 board members still hadn’t complied.
Acting Education Commissioner Christopher Cerf’s reprieve allows school board members to complete the fingerprinting requirement by Jan. 27 to be eligible to remain on their respective board if they are cleared through the background check process. Background checks will be required from now on for all school board members and charter trustees. School employees have had to get background checks since a law passed in 1986.
Job applicants conducting background checks on … themselves? According to some industry experts, the latest trend in pre-employment screening is something called the “self background check,” where the prospective employee conducts a background check on themselves just to see what kind of personal and professional information is available in the public domain.
Self background checks can enable a job applicant to see just how much information a prospective employer can find out about one’s criminal record, educational background and job experience, before handing in a resumé laced with half-truths or taking the leap from a current job to a new one that might not pan out. It’s along the same lines as obtaining one’s credit report to make sure there are no surprises before applying for a loan.
While we encourage this trend of job applicants making sure their public information is accurate, we advise employers to continue to conduct their own professional pre-employment screening on every prospective employee.
As of last Friday, more than 400 school board and charter school trustee members across the state of New Jersey had yet to comply with the new school trustee screening law that went into effect in May. The law required people responsible for deciding local school policies and budgets undergo background checks by the end of 2011 or be immediately removed from office. Crimes that would bar someone from serving included murder, robbery, luring a child, assault and drug possession or distribution.
According to the state Education Department, 95 percent of the more than 4,700 school board members and 70 percent of charter school trustees in New Jersey had been screened since the law was signed in May. Twelve board members had been barred from serving after completing their background checks.
The new state law is an example of how the laws are changing across the country to make background checks and pre-employment screening more of a mandatory part of the position-filling process, whether someone is elected, hired or volunteers. Likewise, the fact that not everyone is in compliance with it after more than six months is a telling example of how some school districts, employers and others are still resistant to the process.
Do you wish you had a drug screening policy in place for all current employees and new hires? Every employer should have a drug policy in place to protect one’s business assets, reputation and employees. The new year is a great time to put one in place, or to change the parameters of your current drug policy to include rules, regulations and processes you currently don’t have but need.
First and foremost, a drug policy should spell out the various circumstances that would warrant the use of drug testing. Typically, there are four such circumstances:
Another thing to carefully consider is what types of disciplinary action will be taken against employees who are found to be in violation of your drug policy. Is one failed drug test cause for immediate termination? Will you have assist the employee in entering a drug or alcohol rehabilitation program? Do you want guidelines for a probationary period for those employees who fail a test but stay on the payroll? These are all questions whose answers need to be spelled out for all to see, and every employee should be asked to read over and sign a copy of the policy immediately.
If you are an employer in California or you do business in that state, you should be aware of two new laws taking effect on Jan. 1 that might change your pre-employment screening practices.
The first change, thanks to California Assembly Bill 22, is that it will be against the law for most employers and prospective employers in California from obtaining credit reports for employment purposes. Exceptions to this rule include financial institutions and those hiring for certain positions, such as managers, those in law enforcement, and positions that require access to personal information or financial information.
The other change is due to California Senate Bill 909, which appears to be the first law in the nation that addresses the issue of consumers’ personal information that is collected during background checks for employment purposes being sent “offshore” and outside the United States or its territories beyond the protection of U.S. privacy laws.
SB 909 amends the California Investigative Consumer Reporting Agencies Act (ICRA) that regulates background checks in California and requires a new disclosure and additions to a Consumer Reporting Agency’s privacy policy to be made to consumers before their personal information is sent outside of the United States. It does not regulate or prohibit the sending of personal information outside the U.S., but it requires that consumers be told of the background screening agency’s privacy practices, including whether the consumer’s personal information will be sent outside the country.
If these new regulations will be affecting your business or the way you conduct employment screening, now is the time to read up on the changes and make sure your company, and the pre-employment screening service you hire, remains in compliance with the law.
Last week we reported that former Penn State assistant football coach Jerry Sandusky, who is facing more than 50 criminal charges in a huge child sex abuse case, was turned down from volunteering at Juniata College in Pennsylvania after a routine background check turned up the fact that he was being investigated by a PA high school where he was a volunteer. That seemed to be a positive example of how background checks can work effectively to keep people, and children in particular, safe from predators.
However, disturbing new reports have now surfaced claiming that although Juniata College officials told the school’s football coach he was not to allow Sandusky to help out or be around the football team, the coach allegedly disregarded their repeated directives, allowing Sandusky access to all the players throughout the 2010 football season. According to Juniata football players who have come forward on condition of anonymity, Sandusky attended every game, both home and away, and helped to coach from the press box.
Juniata’s football players say Sandusky was present at their practices as well. Though no students at Juniata College are alleging that any crimes took place at the hands of Sandusky, the reports do call into question the authority of school officials, and the judgment by the football coach who it seems put possible wins ahead of student safety.
Background checks are merely a tool to give employers, and those entrusted with the care of minors, the means to keep people and assets safe. If what is found during a background check is ignored, the safety of your employees, your organization and your children are at risk. Let Juniata College be a reminder of the importance not just of performing background checks, but adhering to the warning signs that those checks dig up.
South Carolina law enforcement could soon find it difficult to catch criminals who cross state borders into the Palmetto State.
The FBI recently sanctioned S.C.’s State Law Enforcement Division for not properly monitoring criminal records that are shared among states. The sanction is the first step toward revoking South Carolina’s access to the FBI’s criminal databases. SLED Chief Mark Keel says the sanctions were a result of SLED’s previous administration outsourcing much of its information technology work, leaving the FBI unable to monitor local law enforcement agencies as they used the federal system.
If South Carolina’s access to the FBI’s criminal databases was revoked, there would be serious consequences for law enforcement officers on the street, as well as businesses and nonprofit organizations who depend on the system for pre-employment background checks.
Without access to the FBI’s criminal database, a South Carolina police officer could pull over a person who is wanted on a murder charge in another state and have no way of knowing it. Or an S.C. company could run a background check for a prospective employee and not know of felony convictions in other states.
Here’s hoping SLED gets the money it needs — Keel estimates the agency needs to spend about $6 million to fix the problems — before it loses access to such valuable information.
The child molestation case against former Penn State assistant football coach Jerry Sandusky got worse last week when two more victims came forward with allegations that he sexually assaulted them during their time in The Second Mile, the children’s charity Sandusky founded.
Sandusky now faces criminal accusations from 10 young men and more than 50 charges stemming from what authorities say were assaults over 15 years on boys in his home, on Penn State property and elsewhere.
It was also reported that in May 2010, a year and a half after an initial investigation was launched into Sandusky’s conduct with young boys, he applied for a volunteer football coaching position at Juniata College in central Pennsylvania and was denied based on a background check. The background check showed a high school where Sandusky previously volunteered was investigating him, and though officials at Juniata didn’t know or ask for details, they decided to pass on Sandusky.
This brings to light the importance of not just conducting background checks but heeding the warning signs that pre-employment screening services dig up. Though Sandusky had no criminal record or any formal charges against him, Juniata College officials used their judgment based on all the facts they were given and made the best choice for their organization.
Given the scandal Penn State now has on its hands, Juniata College is an example of the immeasurable benefits of conducting a thorough background check on every potential employee or volunteer.