• Share
  • Email
  • Embed
  • Like
  • Save
  • Private Content
What Employers Need to Know About Background Checks
 

What Employers Need to Know About Background Checks

on

  • 1,770 views

The EEOC, Congress, and many state legislatures are closely scrutinizing how employers use background checks, especially criminal histories and credit reports. This presentation will walk employers ...

The EEOC, Congress, and many state legislatures are closely scrutinizing how employers use background checks, especially criminal histories and credit reports. This presentation will walk employers through the process of preparing a background screening policy that helps ensure a safe and productive workforce while staying out of regulators’ cross hairs.

On April 25th, 2012, the Equal Employment Opportunity Commission issued new “enforcement guidance on the consideration of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964.”

This was the first guidance on this topic issued by the EEOC in more than 20 years and reflects the EEOC’s recent scrutiny of employers’ use of criminal records in making employment decisions.

In addition to Title VII, other federal and state laws regulate employer’s use of criminal records, credit reports, and other information.

This presentation will walk employers through the process of preparing a background screening policy that helps ensure a safe and productive workforce while staying out of regulators’ and plaintiffs’ attorneys’ crosshairs.

In this presentation, we’ll cover:

The legal and safety reasons employers conduct thorough background checks.
Employers’ responsibilities under the Fair Credit Reporting Act.
Considerations in developing a background check and due diligence policy.
Title VII of The Civil Rights Act of 1964 and its application to background checks.
State-specific laws governing background checks.
You can download the presentation and the notes and a sample relevance matrix.

Presentation Calendar: http://www.imperativeinfo.com/presentation-calendar/

Human Resources Webinars: http://www.imperativeinfo.com/webinars/

Follow Mike Coffey:

Facebook: https://www.facebook.com/pages/Imperative-Information-Group/108100569271661

Twitter: @mrcoffey @badhiredays

Website: http://www.imperativeinfo.com/

Contact: http://www.imperativeinfo.com/contact/I. The Case for Background Screening
II. Strengths and Weaknesses of Criminal Background Screening Tools
III. Verification of Credentials and Work History
IV. The Fair Credit Reporting Act
V. Title VII and EEOC Scrutiny of Background Checks
VI. State Law Considerations
VII. Identity Theft in Criminal Records

http://imperativeinfo.com/human-resources-webinars/

Statistics

Views

Total Views
1,770
Views on SlideShare
1,734
Embed Views
36

Actions

Likes
1
Downloads
20
Comments
0

5 Embeds 36

http://imperativeinfo.com 10
http://www.linkedin.com 9
http://www.imperativeinfo.com 8
http://www.slideshare.net 7
https://www.linkedin.com 2

Accessibility

Upload Details

Uploaded via as Microsoft PowerPoint

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

    What Employers Need to Know About Background Checks What Employers Need to Know About Background Checks Presentation Transcript

    • What Employers Need to Know About Background ChecksMike Coffey, SPHRPresidentImperative Information Groupwww.imperativeinfo.com
    • Homeland Security concerns haveheightened employers’ responsibilities.
    • Good corporate governance nowincludes human due diligence.
    • Employees face threats from within, notjust outside, the workforce. 794 assaults & violent acts 517 workplace murders 413 by shooting - 2008 Census of Fatal Occupational Injuries, US Department of Labor Bureau of Labor Statistics
    • Employers’ liability for employees’ actionscosts both money and goodwill. • 99,922 EEOC charges filed in 2010 (20% increase since 2005) • Expects 110K charges in 2011 - 2010, EEOC
    • Employee theft is the single largestcause of retail loss (“shrink”). 2009 National Retail Security Survey
    • Employees’ off-duty troubles maycorrelate to their fitness for duty. Stephen Robertson
    • Motor vehicle reports (MVRs)
    • Verification of Verification ofemployment, education, license, and education, employment, licenses, certifications claims. and certifications
    • Verification of Credit without a scoreemployment, education, license, and certifications claims.
    • Verification of Professional and personalemployment, education, license, an referencesd certifications claims.
    • Verification of Civil litigation and relatedemployment, education, license, an mattersd certifications claims.
    • The most important thing I’ll say today...
    • Forget everything you’ve seen on TV...
    • Local jurisdictions regularly fail to reportcriminal convictions to the state database.
    • 34% of criminal convictions are missing fromTexas DPS’ database. Clifton Williams Stephen Barbee Anthony Shore
    • Offenders often move to new states.Charles Clarkston
    • There is no reliable “national” or“nationwide” criminal records source.
    • “National” databases miss 60% or more ofavailable criminal records. Michael Gilbert
    • State and national criminal databases donot reflect pending criminal cases. 58% of felony defendants released prior to trial 33% “pretrial misconduct” 18% arrested for new offense. - Felony Defendants in Large Urban Counties, 2008, US DOJ Bureau of Justice Statistics
    • “National” databases regularly reportoutdated or misidentified records. Entre Nax Karage
    • The county courthouses’ “live” criminalrecords are the best source.
    • Limiting research to a single county will missoffenses in other jurisdictions. Jacob Muniz
    • Limiting the scope of criminal reports toseven years means missing significant risks.
    • Federal criminal records, though difficult tosearch, should not be overlooked.
    • A good criminal background checkbegins with good identity research. Employment ID Database Application Associated Name Names DOB SSN Issuance SSN Prev. addresses Address history
    • Research should be conducted in eachjurisdiction associated with the applicant. Federal Research Identity Research County Research State & County “National” Possible records Research Databases
    • The federal Fair Credit Reporting Actgoverns background checks.
    • Disclosure must be made and writtenauthorization received.
    • Disclosure must be made and writtenauthorization received.
    • Disclosure must be made and writtenauthorization received.
    • Any potentially negative informationcreates employer responsibilities. • Criminal records • Employment verifications • Driving records • Education records • References
    • The employer must provide informationprior to making an adverse decision.
    • The employer must provide additionalnotice after taking the adverse decision.
    • The FCRA limits what can be reported inbackground checks.
    • The FCRA limits what can be reported inbackground checks. Reportability of Negative Information Age < 7years Age > 7 years, Age > 7 years, wages < $75K wages > $75K Non-conviction criminal Reportable Not reportable Reportable cases under federal under federal under federal (dismissals, acquittals, law law law cases not prosecuted – includes cases dismissed upon completion of deferred adjudication) Civil cases, liens, Reportable Not reportable Reportable judgments, credit items under federal under federal under federal law law law
    • The FCRA limits what can be reported inbackground checks. Reportability of Negative Information Age < 7years Age > 7 years, Age > 7 years, wages < $75K wages > $75K Criminal cases ending Reportable Not reportable Reportable in conviction (guilty) under federal under federal under federal law law law Age < 10 years Age > 10 years, Age > 10 years, wages < $75K wages > $75K Bankruptcy Reportable Not reportable Reportable under federal under federal under federal law law law
    • Sample State Consumer Reporting LawsTexas’ only restriction (limiting allinformation to seven years) wasinvalidated by the Fair and AccurateCredit Transactions Act (FACTA),though it is still widely quoted byattorneys and screening firmsunfamiliar with the interplay of thestate and federal laws.
    • Sample State Consumer Reporting Laws The authorization and consent must contain a “box” for the consumer to check to receive a copy of the report. Employers may not inquire about sealed records and applicants may state that they have no conviction
    • Sample State Consumer Reporting Laws  Employers may not consider non- conviction criminal information.  Convictions can only be reported for seven years (including murder, rape, arson, etc.)  Special protections for marijuana convictions and sex offenders.  Special notices to applicants when obtaining consent to procure background check.
    • Sample State Consumer Reporting Laws  Employers may not inquire about criminal records on the initial written application. Time limits effective 2012:  Felonies: 10 years  Misdemeanors: 5 years  Murders, manslaughter and certain sexual offenses: no limit
    • Sample State Consumer Reporting Laws Many states have passed or are considering laws to limit employers’ use of credit reports.
    • Title VII of Title VII of the of 1964 the Civil Rights Act Civil Rights Act of 1964
    • Title VII of the Civil Rights Act of 1964  Prohibits both intentional discrimination (“disparate treatment”) and seemingly neutral policies without business necessity that have adverse impacts on protected classes (“disparate impact” - see Griggs v. Duke Power)  Policies must have a manifest relationship to employment role with no viable alternatives to qualify as a business necessity  Heavily impacts employment qualifications, tests, and background checks
    • Title VII of the Civil Rights Act of 1964 Criminal Records Brightline Rule: Have you ever been arrested?  No  Yes (please deposit your application in the trashcan on your way out)
    • Title VII of the Civil Rights Act of 1964When reviewing criminal records, an employer must consider: – The relevance of the offense to the position, including severity and time passed since the offense – The reasonable likelihood that the person committed the offenseDisposition (final judicial outcome) is not the issue!See EEOC Policy Statement on the Issue of Conviction Records underTitle VII of the Civil Rights Act of 1964 and Policy Guidance on theConsideration of Arrest Records in Employment Decisions under Title VII of theCivil Rights Act of 1964
    • Title VII of the Civil Rights Act of 1964When reviewing criminal records, an employer must consider: – The relevance of the offense to the position, including severity and time passed since the offense – The reasonable likelihood that the person committed the offenseDisposition (final judicial outcome) is not the issue!See EEOC Policy Statement on the Issue of Conviction Records underTitle VII of the Civil Rights Act of 1964 and Policy Guidance on theConsideration of Arrest Records in Employment Decisions under Title VII of theCivil Rights Act of 1964
    • Title VII of the Civil Rights Act of 1964
    • Title VII of the Civil Rights Act of 1964 Webinar Background Checks Under Fire February 29, 2012 12:00 pm CST Register at http://www.imperativeinfo.com
    • Identity theft is a growing problem in criminalrecords. 1996 – Berkeley, SC 2001, 2002 – Navarro, TX • Domestic violence • Criminal Trespass • DWI • Theft • DWI
    • Congratulations!You just earned 1 hour of HRCI generalrecertification credit: Title: What Employers Need to Know About Background Checks Date: 02/15/2012 Program: (email me at coffey@imperativeinfo.com)