Background Screening: Background Screening Tips

The Basic Truths About Background Screening:
Background Screening Tips
Trak-1 is an Accredited Member of NAPBS

Your Host: Rick Coltman
Director of Strategic Marketing and Alliances,
TRAK-1 Technology, Inc.
• Please Post Any Questions or Comments You Have in the Comments
Section.
• Want Further Information or Have Additional Questions? Contact Trak-1 at
Rick.Coltman@trak-1.com
• Hopefully You Find this Webinar Informative! Please Join Us for Each
Webinar at http://trak-1.com/webinar
Your Presenter: Nancy Roberts,
Esq.
Owner/COO

Have A Comprehensive
Background Screening Policy
• Written Policy
• Followed Process
• Consistent Performance
• Documented Practice
SCREENINGTIP

Incorporate Screening Criteria Into Your
Screening Policy and Job Descriptions
• Consider Job Function
Requirements
• Consider Nature Of Position,
Department, Company
• Establish Consistent Risk
Standard
• Identify Basis For Criteria (EEOC
Recommendation)
• Leave Room For Appropriate
SCREENINGTIP

Train Your Staff On The FCRA
End-user Summary Of The FCRA
• Promote Fairness, Accuracy And Privacy Protections;
• Require Consumer's Written Authorization For A Consumer Report;
• Advise Consumers Of Their Rights;
• Allow Consumers To Know If Information Has Been Used Against Them;
• Give Consumers The Opportunity To Object To Inaccurate Or Incomplete
Information And Provide Opportunity To Make Corrections;
• Impose Obligations On CRAs And Data Furnishers To Ensure Maximum
Possible Accuracy
• Insure That Errors Are Corrected Within A Reasonable Amount Of Time
SCREENINGTIP

Know Applicable State Laws
• Additional Requirements Beyond
FCRA
• Limits On How Far Back Your
Searches May Go
• Limits on What a CRA Can Report To
You
• Limits On the Type of Information You
Can Consider
• Specific Forms of Notice, Disclosure,
Authorization
SCREENINGTIP

Review Your Disclosure and
Authorization Form
• Clear and Conspicuous Written Disclosure
• Consists Solely of the Disclosure
• Authorization to Obtain the Information
• Compliant with FCRA and State Law
Requirements
SCREENINGTIP

Context: Take Caution In Evaluating Arrest-
Only Records In Employment/Volunteer
• EEOC Presumes Disparate Impact
• Presumption is Overcome and Exclusion
is Justified Where
• It Appears the Individual Engaged in The
Conduct For Which They Were Arrested
• The Conduct is Job-related
• The Conduct is “Relatively Recent”
• Very Subjective Which Leaves Room For
Liability – Management Review May Be
Appropriate
SCREENINGTIP

Example One:
Wilma, a Black female, applies to Bus Inc. in Highway City for a position as a bus driver.
In response to a pre-employment inquiry, Wilma states that she was arrested two years
earlier for driving while intoxicated. Bus Inc. rejects Wilma, despite her acquittal after
trial. Bus Inc. does not accept her denial of the conduct alleged and concludes that
Wilma was acquitted only because the breathalyzer test which was administered to her
at the time of her arrest was not administered in accordance with proper police
procedures and was therefore inadmissible at trial.
Witnesses at Wilma’s trial testified that after being stopped for reckless driving, Wilma
staggered from the car and had alcohol on her breath. Wilma’s rejection is justified
because the conduct underlying the arrest, driving while intoxicated, is clearly related to
the safe performance of the duties of a bus driver; it occurred fairly recently; and there
was no indication of subsequent rehabilitation.
SCREENINGTIP

Example Two:
Lola, a Black female, applies to Bus Inc. for a position as a bus driver. In response to an inquiry whether
she had ever been arrested, Lola states that she was arrested five years earlier for fraud in
unemployment benefits. Lola admits that she committed the crime alleged. She explains that she
received unemployment benefits shortly after her husband died and her expenses increased.
During this period, she worked part-time for minimum wage because her unemployment check amounted
to slightly less than the monthly rent for her meager apartment. She did not report the income to the State
Unemployment Board for fear that her payments would be reduced and that she would not be able to
feed her three young children.
After her arrest, she agreed to, and did, repay the state. Bus Inc. rejected Lola. Lola’s rejection violated
Title VII. The commission of fraud in the unemployment system does not constitute a business
justification for the rejection of an applicant for the position of bus driver. The type of crime which Lola
committed is totally unrelated to her ability to safely, efficiently and/or courteously drive a bus.
Furthermore, the arrest is not recent.
SCREENINGTIP

Establish Practice of Documenting
Individualized Assessment of Criminal Records
• Presumes Disparate Impact Unless
Business Necessity Established
• Business Necessity Established by the
Following Factors:
• The Nature and Gravity of the Offense or
Offenses;
• The Time That Has Passed Since The
Conviction and/or Completion of the
Sentence
• The Nature of the Job Held or Sought.
SCREENINGTIP

Establish Practice of Documenting
Individualized Assessment of Criminal Records
Requires an Individual Assessment (New as of April 25, 2012) That Includes
Consideration of:
• The Facts or Circumstances Surrounding the Offense or Conduct
• The Number of Offenses For Which the Individual Was Convicted
• Older Age at the Time Of Conviction, or Release From Prison
• Evidence That the Individual Performed the Same Type of Work, Post-conviction With
The Same or a Different Employer, With No Known Incidents of Criminal Conduct
• The Length and Consistency of Employment History Before and After The Offense or
Conduct
• Rehabilitation Efforts, E.G., Education/Training
• Employment or Character References and any Other Information Regarding Fitness For
The Particular Position
• Whether the Individual Is Bonded Under a Federal, State, or Local Bonding Program
SCREENINGTIP

Request In-depth Criminal Searches – Do Not
Shortcut It Just To Save Money
People Move and Lie (By
Omission or Commission) To
Cover Up a Bad Past
Cannot Rely on Statements
From Your Applicants Regarding
Their Address History
SCREENINGTIP
Full Criminal Search Includes:
• SSN-based Address History
• Alias Name Search Based On SSN
• Targeted Criminal Searches Based On
Previous Addresses Using Every Alias Name
• Broader Multi-state Search Using Every Alias
Name
• Federal Criminal Record Search Using Every
Alias Name
• Federal Watch List Search Using Every Alias
Name

Be Sure the Criminal Records Reported to
You are Verified Before Being Reported
• Significantly Improves
Accuracy Of Reporting
• Greatly Reduces Your
False Positives
• Will Not Impact Your False
Negatives
SCREENINGTIP

Include a Civil Record Search – State and
Federal
• Reveal Additional
Information
• State And Federal
Civil Records
SCREENINGTIP
• Examples: Replevins Action,
Misappropriation, Conversion,
Temporary Restraining Orders,
Etc.

Take Away Points
1. Have A Comprehensive Background Screening Policy
2. Incorporate Screening Criteria Into Your Screening Policy And Job
Descriptions
3. Train Your Staff On The FCRA
4. Know Applicable State Laws
5. Review Your Disclosure And Authorization Form
6. Take Caution In Evaluating Arrest-only Records In Employment/Volunteer
7. Establish Practice Of Documenting Individualized Assessment Of Criminal
Records
8. Request In-depth Criminal Searches – Do Not Shortcut It Just To Save Money
9. Be Sure The Criminal Records Reported To You Are Verified Before Being
Reported
10. Include A Civil Record Search – State And Federal

Coming Up Next…
10 Power Screening Tips That Your
Competitors Don’t Want You To Know
1.800.600.8999 www.trak-1.com
Contact Nancy Roberts directly or talk with Trak-1’s FCRA certified
screening professionals and begin – Ruling In The Right People!

Background Screening: Background Screening Tips

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Background Screening: Background Screening Tips