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 Employee Screening Rights: 3 Must Know Rules to Avoid the Wrath of the EEOC
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Employee Screening Rights: 3 Must Know Rules to Avoid the Wrath of the EEOC

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Kevin Connell, AccuScreen CEO and proponent of employer hiring rights, will unravel misleading quotes in a recent Associated Press article and clarify employers’ hiring rights in regard to ...

Kevin Connell, AccuScreen CEO and proponent of employer hiring rights, will unravel misleading quotes in a recent Associated Press article and clarify employers’ hiring rights in regard to pre-employment background checks.

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     Employee Screening Rights: 3 Must Know Rules to Avoid the Wrath of the EEOC Employee Screening Rights: 3 Must Know Rules to Avoid the Wrath of the EEOC Presentation Transcript

    • Employee Screening Rights: 3 Must Know Rules to Avoid the Wrath of the EEOC Kevin Connell, CEO & Founder AccuScreen.com August 25, 2010 2-3 PM est AccuScreen.com 800-689-2228 1 1 Wednesday, September 8, 2010
    • Legal Disclaimer  I am NOT an attorney, nothing in this Webinar should be construed as a legal opinion.  This Webinar is not intended as and should not be interpreted as legal advice or a legal opinion. Do not act or rely upon the information in this communication without seeking the advice of an attorney. AccuScreen.com 800-689-2228 2 2 Wednesday, September 8, 2010
    • AccuScreen.com 800-689-2228 3 3 Wednesday, September 8, 2010
    • Agenda AccuScreen.com 800-689-2228 3 3 Wednesday, September 8, 2010
    • Agenda  8/11/2010 AP “Some job-screening tactics challenged as illegal.” AccuScreen.com 800-689-2228 3 3 Wednesday, September 8, 2010
    • Agenda  8/11/2010 AP “Some job-screening tactics challenged as illegal.”  SHRM 2010 Survey AccuScreen.com 800-689-2228 3 3 Wednesday, September 8, 2010
    • Agenda  8/11/2010 AP “Some job-screening tactics challenged as illegal.”  SHRM 2010 Survey  Credit Reports AccuScreen.com 800-689-2228 3 3 Wednesday, September 8, 2010
    • Agenda  8/11/2010 AP “Some job-screening tactics challenged as illegal.”  SHRM 2010 Survey  Credit Reports  Criminal Records AccuScreen.com 800-689-2228 3 3 Wednesday, September 8, 2010
    • Agenda  8/11/2010 AP “Some job-screening tactics challenged as illegal.”  SHRM 2010 Survey  Credit Reports  Criminal Records  EEOC & Recent Cases AccuScreen.com 800-689-2228 3 3 Wednesday, September 8, 2010
    • Agenda  8/11/2010 AP “Some job-screening tactics challenged as illegal.”  SHRM 2010 Survey  Credit Reports  Criminal Records  EEOC & Recent Cases  Solutions: 3 Must Know Rules AccuScreen.com 800-689-2228 3 3 Wednesday, September 8, 2010
    • AccuScreen.com 800-689-2228 4 4 Wednesday, September 8, 2010
    • Review of AP Article AccuScreen.com 800-689-2228 4 4 Wednesday, September 8, 2010
    • Review of AP Article  8/11 Article filled with Hyperbole AccuScreen.com 800-689-2228 4 4 Wednesday, September 8, 2010
    • Review of AP Article  8/11 Article filled with Hyperbole  Misleading #’s – SHRM Survey AccuScreen.com 800-689-2228 4 4 Wednesday, September 8, 2010
    • Review of AP Article  8/11 Article filled with Hyperbole  Misleading #’s – SHRM Survey  Attempts to scare employers about taking necessary steps to protect: 1.) their companies 2.) their employees 3.) their customers AccuScreen.com 800-689-2228 4 4 Wednesday, September 8, 2010
    • The Truth in #’s “Three things cannot be long hidden: the sun, the moon, and the truth.” AccuScreen.com 800-689-2228 5 5 Wednesday, September 8, 2010
    • AccuScreen.com 800-689-2228 6 6 Wednesday, September 8, 2010
    • SHRM Survey: 2010 AccuScreen.com 800-689-2228 6 6 Wednesday, September 8, 2010
    • SHRM Survey: 2010  Survey Snapshot AccuScreen.com 800-689-2228 6 6 Wednesday, September 8, 2010
    • SHRM Survey: 2010  Survey Snapshot AccuScreen.com 800-689-2228 6 6 Wednesday, September 8, 2010
    • SHRM Survey: 2010  Survey Snapshot  Why do employers conduct background checks, what type of job candidates do employers investigate, what information in a job candidate’s consumer report could have adverse effect on the decision to hire? AccuScreen.com 800-689-2228 6 6 Wednesday, September 8, 2010
    • SHRM Survey: 2010  Survey Snapshot  Why do employers conduct background checks, what type of job candidates do employers investigate, what information in a job candidate’s consumer report could have adverse effect on the decision to hire? AccuScreen.com 800-689-2228 6 6 Wednesday, September 8, 2010
    • SHRM Survey: 2010  Survey Snapshot  Why do employers conduct background checks, what type of job candidates do employers investigate, what information in a job candidate’s consumer report could have adverse effect on the decision to hire?  In November 2009, SHRM conducted a comprehensive survey that looked at background checking on job candidates. The survey explored the primary reasons organizations conduct background checks, the categories of job candidates organizations conduct background checks on and other related topics. AccuScreen.com 800-689-2228 6 6 Wednesday, September 8, 2010
    • AccuScreen.com 800-689-2228 7 7 Wednesday, September 8, 2010
    • SHRM Survey AccuScreen.com 800-689-2228 7 7 Wednesday, September 8, 2010
    • SHRM Survey  The research was divided into the following sections: AccuScreen.com 800-689-2228 7 7 Wednesday, September 8, 2010
    • SHRM Survey  The research was divided into the following sections:  Providing References AccuScreen.com 800-689-2228 7 7 Wednesday, September 8, 2010
    • SHRM Survey  The research was divided into the following sections:  Providing References  Conducting Credit Background Checks AccuScreen.com 800-689-2228 7 7 Wednesday, September 8, 2010
    • SHRM Survey  The research was divided into the following sections:  Providing References  Conducting Credit Background Checks  Conducting Criminal Background Checks AccuScreen.com 800-689-2228 7 7 Wednesday, September 8, 2010
    • SHRM Survey  The research was divided into the following sections:  Providing References  Conducting Credit Background Checks  Conducting Criminal Background Checks  General Background Checks AccuScreen.com 800-689-2228 7 7 Wednesday, September 8, 2010
    • SHRM Survey  The research was divided into the following sections:  Providing References  Conducting Credit Background Checks  Conducting Criminal Background Checks  General Background Checks  Post-Hire Background Checks AccuScreen.com 800-689-2228 7 7 Wednesday, September 8, 2010
    • SHRM Survey  The research was divided into the following sections:  Providing References  Conducting Credit Background Checks  Conducting Criminal Background Checks  General Background Checks  Post-Hire Background Checks  Drug Testing AccuScreen.com 800-689-2228 7 7 Wednesday, September 8, 2010
    • SHRM Survey: Credit AccuScreen.com 800-689-2228 8 8 Wednesday, September 8, 2010
    • Does your organization, or an agency hired by your organization, conduct credit background checks for any job candidates by reviewing the candidates’ consumer reports? 13% 40% 47% All job candidates Selected job candidates No, my organization does not conduct this type of background check for any of its job candidates AccuScreen.com 800-689-2228 9 9 Note: n = 343 9 Wednesday, September 8, 2010
    • SHRM Survey: Criminal AccuScreen.com 800-689-2228 10 10 Wednesday, September 8, 2010
    • Does your organization, or an agency hired by your organization, conduct criminal background checks for any job candidates? 7% 19% 74% All job candidates Selected job candidates No, my organization does not conduct this type of background check for any of its job candidates AccuScreen.com 800-689-2228 11 11 Note: n = 347. Not sure” responses were excluded from this analysis. 11 Wednesday, September 8, 2010
    • SHRM Survey-Credit The survey was conducted with 433 Randomly selected HR Professionals H.R. 3149 would amend the Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions. AccuScreen.com 800-689-2228 12 12 Wednesday, September 8, 2010
    • HR 3149: House Bill A BILL bit the use of consumer credit checks against prospective and current employees for the pur ed by the Senate and House of Representatives of the United States of America in Congress SECTION 1. SHORT TITLE. This Act may be cited as the `Equal Employment for All Act'. AccuScreen.com 800-689-2228 13 13 Note: n = 343 13 Wednesday, September 8, 2010
    • HR 3149  SEC. 2. USE OF CREDIT CHECKS PROHIBITED FOR EMPLOYMENT PURPOSES.  (a) Prohibition for Employment and Adverse Action- Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended--  `(1) GENERAL PROHIBITION- Except as provided in paragraph (3), a person, including a prospective employer or current employer, may not use a consumer report or investigative consumer report, or cause a consumer report or investigative consumer report to be procured, with respect to any consumer where any information contained in the report bears on the consumer's creditworthiness, credit standing, or credit capacity--  `(3) EXCEPTIONS- Notwithstanding the prohibitions set forth in this subsection, and consistent with the other sections of this Act, an employer may use a consumer report with respect to a consumer in the following situations:  `(A) When the consumer applies for, or currently holds, employment that requires national security or FDIC clearance.  `(B) When the consumer applies for, or currently holds, employment with a State or local government agency which otherwise requires use of a consumer report. AccuScreen.com 800-689-2228  `(C) When the consumer applies for, or currently holds, a supervisory, 14 14 managerial, professional, or executive position at a financial institution. Wednesday, September 8, 2010
    • AccuScreen.com 800-689-2228 15 15 Wednesday, September 8, 2010
    • El vs SEPTA AccuScreen.com 800-689-2228 15 15 Wednesday, September 8, 2010
    • El vs SEPTA Douglas El vs. SEPTA AccuScreen.com 800-689-2228 15 15 Wednesday, September 8, 2010
    • El vs SEPTA Douglas El vs. SEPTA  Third Circuit Rules that Employer's Blanket Exclusion of Applicants with Prior Conviction for Violent Crime is Consistent with Business Necessity. AccuScreen.com 800-689-2228 15 15 Wednesday, September 8, 2010
    • El vs SEPTA Douglas El vs. SEPTA  Third Circuit Rules that Employer's Blanket Exclusion of Applicants with Prior Conviction for Violent Crime is Consistent with Business Necessity.  Plaintiff, Douglas El, filed suit under Title VII of the Civil Rights Act of 1964 claiming that SEPTA unnecessarily disqualifies applicants because of prior criminal convictions - a policy he argues has a “disparate impact” on minorities. On March 19, 2007, the 3rd U.S. Circuit Court of Appeals in El v. SEPTA affirmed the District Court’s entry of summary judgment in favor of SEPTA. The court found that an employer’s blanket exclusion from job consideration of candidates with a prior conviction for a violent crime was consistent with business necessity. AccuScreen.com 800-689-2228 15 15 Wednesday, September 8, 2010
    • AccuScreen.com 800-689-2228 16 16 Wednesday, September 8, 2010
    • Progress Against Goals AccuScreen.com 800-689-2228 16 16 Wednesday, September 8, 2010
    • Progress Against Goals  Summary of key financial results – Revenue – Profit – Key spending areas – Headcount AccuScreen.com 800-689-2228 16 16 Wednesday, September 8, 2010
    • AccuScreen.com 800-689-2228 17 17 Wednesday, September 8, 2010
    • Revenue and Profit AccuScreen.com 800-689-2228 17 17 Wednesday, September 8, 2010
    • Revenue and Profit  Forecast vs actual AccuScreen.com 800-689-2228 17 17 Wednesday, September 8, 2010
    • Revenue and Profit  Forecast vs actual  Gross margin AccuScreen.com 800-689-2228 17 17 Wednesday, September 8, 2010
    • Revenue and Profit  Forecast vs actual  Gross margin  Important trends AccuScreen.com 800-689-2228 17 17 Wednesday, September 8, 2010
    • Revenue and Profit  Forecast vs actual  Gross margin  Important trends  Compare company to rest of market AccuScreen.com 800-689-2228 17 17 Wednesday, September 8, 2010
    • Revenue and Profit  Forecast vs actual  Gross margin  Important trends  Compare company to rest of market  Use multiple slides to break out meaningful detail AccuScreen.com 800-689-2228 17 17 Wednesday, September 8, 2010
    • AccuScreen.com 800-689-2228 18 18 Wednesday, September 8, 2010
    • EEOC AccuScreen.com 800-689-2228 18 18 Wednesday, September 8, 2010
    • EEOC AccuScreen.com 800-689-2228 18 18 Wednesday, September 8, 2010
    • AccuScreen.com 800-689-2228 19 19 Wednesday, September 8, 2010
    • E-Race AccuScreen.com 800-689-2228 19 19 Wednesday, September 8, 2010
    • E-Race  E-RACE= Eradicating Racism & Colorism from Employment AccuScreen.com 800-689-2228 19 19 Wednesday, September 8, 2010
    • E-Race  E-RACE= Eradicating Racism & Colorism from Employment  EEOC through its eRACE initiative was reviewing its options for increasing legal enforcement of the provisions of Title VII regarding an employers’ use of applicants’ criminal and credit records. AccuScreen.com 800-689-2228 19 19 Wednesday, September 8, 2010
    • E-Race  E-RACE= Eradicating Racism & Colorism from Employment  EEOC through its eRACE initiative was reviewing its options for increasing legal enforcement of the provisions of Title VII regarding an employers’ use of applicants’ criminal and credit records.  The EEOC’s concern was the disparate impact of negative credit and criminal background checks against members of the class in question without an employer having sufficient valid business necessity or there being any AccuScreen.com 800-689-2228 19 19 Wednesday, September 8, 2010
    • E-Race  E-RACE= Eradicating Racism & Colorism from Employment  EEOC through its eRACE initiative was reviewing its options for increasing legal enforcement of the provisions of Title VII regarding an employers’ use of applicants’ criminal and credit records.  The EEOC’s concern was the disparate impact of negative credit and criminal background checks against members of the class in question without an employer having sufficient valid business necessity or there being any  sufficient relationship of the adverse information to the job requirements to justify denying employment, especially if those records are more than a few years “old”. AccuScreen.com 800-689-2228 19 19 Wednesday, September 8, 2010
    • AccuScreen.com 800-689-2228 20 20 Wednesday, September 8, 2010
    • EEOC Files Lawsuit vs Freeman Companies AccuScreen.com 800-689-2228 20 20 Wednesday, September 8, 2010
    • EEOC Files Lawsuit vs Freeman Companies AccuScreen.com 800-689-2228 20 20 Wednesday, September 8, 2010
    • EEOC vs Freeman (9/09)  EEOC v. Freeman d/b/a TFC Holdings Co., Case No. 09- CV-2573 (D. Md.) (complaint filed on September 30, 2009): Nationwide pattern and practice lawsuit alleging that a Dallas-based convention and corporate events planning company unlawfully discriminates against Black, Hispanic, and male job applicants on a nationwide basis by using credit histories and certain types of criminal arrests or convictions as selection criteria. The EEOC alleges that the company's use of credit histories and criminal backgrounds as selection criteria has a "significant disparate impact in Black applicants and that [the company's] use of criminal history information has an adverse impact on Hispanic and male applicants." AccuScreen.com 800-689-2228 21 21 Wednesday, September 8, 2010
    • EEOC vs Peoplemark (9/08)  EEOC v. Peoplemark, Case No. 08-CV-0907 (W.D. Mich.) (complaint filed Sept. 29, 2008): Nationwide lawsuit under Title VII on behalf of plaintiff and similarly situated African American applicants for employment at Peoplemark. The complaint alleges that the company maintains a policy which denies hiring or employment to any person with a criminal record and that such policy has a disparate impact on African American applicants. AccuScreen.com 800-689-2228 22 22 Wednesday, September 8, 2010
    • EEOC: Carol Miaskoff  Disparate Impact:  Neutral Employment Policy or Procedure disproportionately screens out people on a prohibited basis AND  The employment policy or procedure is NOT job-related and consistent with business necessity for the position in question. AccuScreen.com 800-689-2228 23 23 Wednesday, September 8, 2010
    • The “BIG THING” with D.I.  Two Points to Disparate Impact:  1.) Even if it disproportionately impacts a certain group  2.) It would be legal if it is validated for the job in question and is consistent with business necessity AccuScreen.com 800-689-2228 24 24 Wednesday, September 8, 2010
    • EEOC & Criminal Record Checks  “It is okay to do a criminal background check, there is no prohibition, categorically, it is neutral.”  “The selection criteria has to really relate to the job in question.”  “If you have a policy that rejects all applicants with a Felony conviction; the EEOC might say, OK, well show me the validity stidy, show me the proof.” AccuScreen.com 800-689-2228 25 25 Wednesday, September 8, 2010
    • EEOC & Criminal Record Checks  “Felonies ranging from the smallest drug offense to the most horrendous crime.”  “There are obvious examples of crimes that disqualify e.g. violent history & working with children, crimes of graft (bribery) or corruption and working in a bank.” AccuScreen.com 800-689-2228 26 26 Wednesday, September 8, 2010
    • EEOC & Criminal Record Checks  EEOC refers to sister agency, Transportation, Port Workers  “The only crimes that categorically exclude you from ever working at a U.S. Port are Treason & Espionage.”  EEOC likes this agency model because they have a “graduated tier of crimes.” AccuScreen.com 800-689-2228 27 27 Wednesday, September 8, 2010
    • EEOC -Race-Based Charges FY 1997 - FY 2009 The following chart represents the total number of charge receipts filed and resolved under Title VII alleging race-based discrimination. The data are compiled by the Office of Research, Information and Planning from data compiled from EEOC's Charge Data System and, from FY 2004 forward, EEOC's Integrated Mission System. AccuScreen.com 800-689-2228 28 28 Wednesday, September 8, 2010
    • AccuScreen.com 800-689-2228 29 29 Wednesday, September 8, 2010
    • EEOC - Title VII of the Civil Rights Act of 1964 Charges FY 1997 - FY 2009 (includes concurrent charges with ADEA, ADA and EPA) •The following chart represents the total number of charge receipts filed and resolved under Title VII. •Receipts include all charges filed under Title VII as well as those filed concurrently under the ADA, ADEA, and/or EPA. Therefore, the sum of receipts for all statutes will exceed total charges received. •The data are compiled by the Office of Research, Information and Planning from data reported via the quarterly reconciled Data Summary Reports and compiled from EEOC's Charge Data System and, from FY 2004 forward, EEOC's Integrated Mission System. AccuScreen.com 800-689-2228 30 30 Wednesday, September 8, 2010
    • 3 Must Know Rules:  1.) Don’t have an absolute exclusion of hiring anyone who has a criminal conviction. Make sure selection procedure is job-related and consistent with business necessity.  2.) Make sure that you look at the conviction as it relates to the job. Is it necessary for the safe & efficient performance of the job?  3.) How long ago was the crime? How much time has elapsed? 5 years, 10 years, 20 years - Is it in your hiring guidelines and policy? AccuScreen.com 800-689-2228 31 31 Wednesday, September 8, 2010
    • AccuScreen.com 800-689-2228 32 32 Wednesday, September 8, 2010
    • AccuScreen.com 800-689-2228 33 33 Wednesday, September 8, 2010
    • Summary AccuScreen.com 800-689-2228 33 33 Wednesday, September 8, 2010
    • Summary  Summarize key successes/challenges AccuScreen.com 800-689-2228 33 33 Wednesday, September 8, 2010
    • Summary  Summarize key successes/challenges  Reiterate key goals AccuScreen.com 800-689-2228 33 33 Wednesday, September 8, 2010
    • Summary  Summarize key successes/challenges  Reiterate key goals  Thanks AccuScreen.com 800-689-2228 33 33 Wednesday, September 8, 2010
    • AccuScreen.com Annual Top 7 Resume Lies Report  1.) Job Title (Rank)  2.) Education (Bogus Degrees – Diploma Mills)  3.) Criminal Records  4.) Salary  5.) Dates of Employment  6.) Professional Licenses  7.) Ghost “Shell” Companies AccuScreen.com 800-689-2228 34 34 Wednesday, September 8, 2010
    • Next Webinar  September 9, 2010 @ 11:00 AM est  Outrageous Resume Lies & Every Fraudulent Websites that Enables Fraud to Occur  Extended Q & A AccuScreen.com 800-689-2228 35 35 Wednesday, September 8, 2010
    • Contact Information AccuScreen.com Kevin Connell kevinconnell@accuscreen.com 813-837-1920 Carol Miaskoff, EEOC, Assistant Legal Counsel email: carol.miaskoff@eeoc.gov 202-663-4645 AccuScreen.com 800-689-2228 36 36 Wednesday, September 8, 2010