Tag Archives: Prospective Employee

Keep policy well defined to comply with EEOC guidelines

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The new Equal Employment Opportunity Commission guidelines on background checks for prospective employees was created to ensure nobody is being unfairly targeted or discriminated against due to their criminal past. Basically what the guidelines want to avoid is an employer using someone’s criminal conviction from many years ago as an excuse to not hire them for a job that is completely unrelated to the crime they committed.

To make sure your company is in compliance with the guidelines, avoid blanket refusals to only specific types of jobs (those who work with the finances of your company, for example). Other tips for business owners:

  • Define your policy as narrowly as possible, and don’t stray outside those parameters for any prospective employee.
  • Be specific about essential job requirements for each position, along with the circumstances under which work is done.
  • Set a length of time for which any criminal conduct will be disregarded by your employment screening reports. (For example, if the conviction was 10 years in the past.)
  • Include the justification for the policy and for each procedure. If you end up needing to justify your action regarding a prospective employee, you want your policy to be clearly written.
  • Document any counsel and/or research used in creating the policy and procedures. Let them know there were legal and industry experts behind your decisions.
  • Train managers, recruiters, and other decision makers on the policy and procedures.
  • Don’t ask about convictions on job applications. Save it for the background check.

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EEOC creates new guidelines for employers using criminal records in employment screening

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Last month the Equal Employment Opportunity Commission (EEOC) voted to create new Guidance regarding employer use of criminal records under Title VII of the Civil Rights Act of 1964. Criminal background checks have become increasingly popular as a means for employers to, among other things, lessen the potentially tragic and expensive claims of failure to supervise or negligent hiring.

In the past the EEOC had at least partially disavowed criminal checks except in very limited industries because they were considered to be disproportionately negative for certain minorities.

The new EEOC guidance reiterates the four factors used to determine whether an employer’s hiring and other employment decisions and policies relating to criminal background checks violate the law:

  1. Convictions as opposed to arrests
  2. The nature and gravity of the offense or conduct
  3. Time that has passed since the offense
  4. The nature of the job held or sought.

It also provides specific examples of criminal background policies which the EEOC believes violate Title VII.

The EEOC also suggests employees who undergo criminal background checks should be told that they were denied the job because of a criminal conviction, and that there would have to be an opportunity for that applicant to demonstrate either that the screen was inaccurate or to state why they should not be denied the job. The employer would also have to review any additional information provided by the prospective employee regarding the conviction or their credentials.

There are many more details about the EEOC’s new guidance. We suggest every employer read the full guidance at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm.

 

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Woman fired over 40-year-old shoplifting conviction

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A woman was fired from her customer service job at Wells Fargo Home Mortgage in Milwaukee recently for a 40-year-old shoplifting conviction, calling into question not just rules about background checks, but judgment calls regarding the policies that employers establish regarding what is turned up by employment screening tactics.

According to news reports, Yolanda Quesada was escorted out of the office where she’d worked full-time for five years and had been given recognition awards, service excellence pins and certificates of appreciation.  The reason: A background check conducted by the Federal Bureau of Investigation had turned up two shoplifting arrests, both from 1972, when Quesada was 18. She admits she stole clothing from a Milwaukee department store on both occasions; she was fined $50 for the first, and placed on one year of probation for the second.

Quesada’s former role with Wells Fargo did not include the handling of money, but company spokesman Jim Hines said “Because Wells Fargo is an insured depository institution, we are bound by federal law that generally prohibits us from hiring or continuing the employment of any person who we know has a criminal record involving dishonesty or breach of trust.”

Being bound by law to honor certain rules regarding the criminal records of employees or potential employees is understandable, but employers across all industries should use this example as a reminder to not only set fair practices in regards to employment screening, but to use good judgment and common sense when interpreting the results and comparing facts on background checks and criminal records with the tasks that the prospective employee will be in charge of. Every decision on the employment of an individual comes down to a judgment call; let’s use good judgment to hire good people.

 

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Airport security badges issued before background checks complete

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Recent news reports that several new airport security employees were given their security badges before their background checks were complete raises concerns about whether other employers take short cuts on employment screening protocols that could compromise the safety of the public and/or fellow employees.

The Transportation Security Administration confirmed that some new employees were issued their security badges even though the third and final step in the background check process had not been completed. The delay was due to a backlog from a computer switchover, the TSA reported.

During the screening process, new employees are required to verify their identity. Then, they are matched to a terrorist watch list. If they are on the list, then they are tossed out. Next is a verification of a prospective employee’s criminal record. Finally, there is a security threat assessment conducted by the TSA. That check is pending for many of the new employees, but airports have been given the OK to grant the badges without that step being completed. The TSA has said security access is limited for those with the provisional badges, and there is no security threat in issuing the badges prematurely.

However safe the public is despite this lapse in protocol, the public relations nightmare it has caused is reason enough for all employers to make sure that their pre-employment screening processes are followed to the letter. No shortcuts should be allowed, for safety and financial concerns, as well as possible legal ramifications.

 

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States propose anti-social media background check laws

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Are you requiring job applicants to fork over their social media website login information as part of your company’s pre-employment screening process? While checking social media sites is becoming more and more popular among employers as yet another avenue for finding out all they can about a prospective employee, some state lawmakers and organizations are already gearing up to fight this practice, which they say is an invasion of privacy.

This past week Sen. Richard Blumenthal (D-CT) was added to the handful of state representatives across the country who are proposing laws to make this practice illegal. Blumenthal says that his bill, once finished, will include some exceptions, like for federal and local law enforcement agencies, and government agencies that handle national security issues. He did indicate that private companies that receive government contracts would be regulated under the legislation.  

A similar bill in Illinois is backed by the ACLU. Such a law, if it passes, would make it just as illegal for an employer to ask for an applicant’s Facebook password as it is illegal for an employer to ask a woman if she plans to have children.

As we’ve advised before, employers who wish to conduct social media background checks – and the numbers are growing – should tread carefully, so as not to open themselves up to discrimination claims or risk using false information when weighing their hiring decisions.

 

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Are you sure all your background check protocols are being followed?

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If your company has an established employment screening process in place, are you sure it’s being followed? Are all the managers responsible for completing the various screening reports fully trained in the process? Are they being held accountable for those protocols being followed for every single prospective or current employee under their command?

A story out of Jacksonville, Fla., illustrates the importance of not just having background check protocols in place, but following through with them, thoroughly and timely, in every instance. Three employees of the Jacksonville Transportation Authority recently lost their jobs after an investigation showed they weren’t doing their due diligence during the screening process.

The investigation showed some JTA bus drivers behind the wheel despite the fact that they had been cited in the past for driving without a license. Others had previous arrests for violent crimes. And some of those incidents happened to drivers while they were employed at JTA.

It’s good practice to ensure your employees are following not just basic standards for background screening, but adhering to every type of background check, as often as your company demands, for every eligible employee or prospective employee. Don’t let anyone fall through the cracks.

 

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More job applicants performing background checks on themselves

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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.

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S.C.’s law enforcement’s access to federal criminal databases could be revoked

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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.

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Former Penn State coach’s arrest makes child-centered organizations take closer look at their own employees

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Last week’s news about child sexual abuse by a former Penn State University football coach made national headlines and stirred emotions everywhere about the seriousness of child abuse by those with whom we trust our children.

Former Penn State defensive coordinator Jerry Sandusky was arrested on 40 counts stemming from sexual misconduct with eight male victims over the course of several years. Sandusky allegedly found the victims through his own foundation, The Second Mile, which he started to help underprivileged boys in Centre County, PA. While Sandusky has never been arrested or convicted of a crime, the sordid details of the investigation — and a possible cover-up by those who knew and worked with Sandusky at the university — has made sports teams, recreational leagues, foundations that serve children and countless other organizations and businesses take a closer look at how they handle background checks of coaches, volunteers, staff members and anyone else who comes into contact with the children under their care. It’s absolutely imperative for such organizations to check sex offender registries and search for the criminal records of any prospective employee, coach or volunteer.

Background checks for such businesses and nonprofits have largely been in place for some time now, but a case like Sandusky’s brings into sharp focus the diligence such organizations must have in the protection of the children they serve.

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Report shows 110,000 new private-sector jobs were created in September

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Good news for employers and job seekers: According to October’s National Employment Report, employment in the private sector jumped by 110,000 jobs from September 2011 to October 2011. Even better news: The estimated increase in employment from August 2011 to September 2011 was revised, up to 116,000 jobs from the initially reported 91,000 jobs.

If the trend continues, one could infer that the country is indeed turning a corner, back from the brink of economic disaster, with the slow trickle of new jobs easing the drought we’ve been suffering through for the last few years.

The report, sponsored by leading U.S. payroll service provider ADP and maintained by economic consulting firm Macroeconomic Advisers, LLC – measures the change in total nonfarm private employment each month. Highlights from October’s report include:

• Total employment increased by 110,000 jobs from September to October.

• Small businesses (payrolls with 1-49 employees) increased by 58,000 jobs from September to October.

• Medium businesses (payrolls with 50-499 employees) increased by 53,000 jobs from September to October.

• Large businesses (payrolls with more than 499 employees) decreased by 1,000 jobs from September to October.

More small and medium sized businesses opening their doors to job seekers — some who have no doubt been on the unemployment line for some time — is a good thing, but employers can’t be too careful about the new investments they’re making in their workforce. Be sure to contract with an employment screening service to conduct a thorough background check on every prospective employee. If you want business to continue to get better, you need to protect your investments and make wise, informed decisions regarding new employees.

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