Background Screening: Evaluating Your Program For FCRA Compliance
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The Trak-1 team has developed a series of materials to inform you on the necessity of background screening, how to hire with guaranteed employment ROI, and how to keep your organization safe. For more information on any of these topics, please visit http://www.trak-1.com!
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Background Screening: Evaluating Your Program For FCRA Compliance
- 1. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights 1
- 2. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights The Basic Truths About Background Screening: Evaluating Your Screening Program for Basic FCRA Compliance Trak-1 is an Accredited Member of NAPBS
- 3. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights 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: Matt Graham VP of Operations, Trak-1 Technology, Inc.
- 4. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights OURFCRA CHECKLIST
- 5. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights 1. FCRA Myths And Goals 2. Disclosure And Authorization 3. Policy, Procedures And Practices 4. What Can And Cannot Be Asked Of Applicants 5. Appropriate Decision Making And Processes Based On Business Application
- 6. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights Dispel The FCRA Myths Any Organization Assembling Information About A Consumer And Issuing A Report For A Fee Qualifies As A CRA. #1 Not Just Employees The Fair Credit Reporting Act Applies To All Background Screening Performed By A Consumer Reporting Agency (CRA) Not Just CreditNot Just Criminal
- 7. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights • Protect The Privacy Of Consumer Report Information • Guarantee Information Supplied By CRAs Is As Accurate As Possible • Inaccurate Or Incomplete Consumer Reports Could Cause: – Applicants To Be Denied Jobs – Employees To Be Unjustly Denied Promotions UNDERSTAND THE GOALS OF THE FCRA #1
- 8. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights State law specific requirements CONSUMER NOTICE REQUIREMENTS #2 Provide Written Notice That A Consumer Report May Be Obtained It Is Clear And Conspicuous Use A Separate Document From The Main Application Provide/Obtain Before The Consumer Report Is Requested (Key For Integrated Online Systems) Specify Consumer Rights Under The FCRA Post-conditional Offer? (Preferred By EEOC) 1 2 3 4 5 6 7
- 9. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights • Written Authorization From The Consumer • Prior To Requesting A Consumer Report • Separate Form From Application • Same Form As Notice • No Waiver Or Disclaimer Of FCRA Obligations Or Rights Possible • Must Show Specific Screening Firm By Name, Address And Toll- free Number Of Screening Firm On Form • Specify Scope Of Screening Authorized (I.E. Type And Purpose) • Specify Scope Of Authorization (Multiple Entities, Over Time, Etc.) • State Law Specific Requirements CONSUMER AUTHORIZATION REQUIREMENTS #2
- 10. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights – Location Of Service/Hire/Housing – Position/Property – Department/Unit – Authority Or Price Level – Relationship To Company (Volunteer, Contractor, Employee, Professional Staff, More) – Risk Requirements (DOT, Financial, HIPPA, Public Housing, Etc.) Custom Screening Packages #3 Properly Tailored Programs Have Custom Screening Packages That Are Tailored By:
- 11. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights • Motor Vehicle Records (DOT And Non-dot) • Credit Reports (Differ By Purpose) • Previous Employment/Education/Credential Verification • References (Personal, Professional, Character) • Drug Testing Or Physical Ability Testing Screening Products By Purpose #3 All The Different Products: • Identity Verification Tools • Multi-state/National Criminal/Civil Databases • State Criminal/Civil Record Repositories • Offender And Other Registries • County-level Searches
- 12. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights Decision Making Criteria #3 There Should Be Different Criteria For Each Applicat Objective, Standard Criteria Required Ex: Anyone Having A Record Of A Violent Felony Level Offense Is Prohibited From Working For Our Company Individualized Assessment Required Ex: Analyze Each Felony Record For Each Applicant For Each Position Prohibited By EEOC Discouraged By HUD Historically Today Black And White
- 13. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights “Ban The Box” What Can Be Asked In An Application #4 2012 EEOC Guidance Says Employers Cannot Ask About Convictions On Applications If/When Inquiries Are Made They Should Be Limited To Those Which Are Specific And Job- related… For Example: “Please Provide Information About Any Previous Conviction Which Might Impact Your Ability To Be Eligible For This Position.”
- 14. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights FCRA Restrictions On Reporting Of Arrest Records About Arrest Records #4 Use Of Arrest Records Is “Not Job Related And Consistent With Business Necessity” – Per The 2012 EEOC Guidance Employer May Make A Decision On The Underlying Conduct If The Conduct Makes The Individual Unfit For A Position
- 15. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights EEOC Revises Enforcemant Guidance #4 Revised April 25, 2012 (Last Updated Over 20 Yrs. Ago) Interprets Title VII Of Civil Rights Act, ADA, ADEA, GINA, EPA Starts From The Premise That Using Criminal Records In Employment Decisions Is Presumed To Have A Disparate Impact Absent Additional Factors Establishing No Such Impact
- 16. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights Factors To Consider Per EEOC #5 The Nature Of The Position Held/Sought The Time That Has Passed Since Conviction/Sentence The Nature And Gravity Of The Offense(s)
- 17. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights 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 Individualized Assessment Of #5
- 18. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights 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 INDIVIDUALIZED ASSESMENT OF #5
- 19. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights 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. Individualized Assessment Of #5
- 20. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights Take Away Points • Employee Screening Best Practices • Review your compliance based on EEOC enforcement guidance • Order hit verification upfront to increase accuracy and expedite hiring • Review your pre and post adverse action process • Go beyond criminal records • Consider probationary period pending screening • Volunteer Screening Best Practices • Understand the risk of defamation, privacy claims • Pre and post adverse action process applies • Order hit verification upfront to increase accuracy and expedite hiring • Go beyond sex offender registry
- 21. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights Coming Up Next… Evaluate Your Program for FCRA Compliance (continued) 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!
Editor's Notes
- Regular = applies to public employers only Bold = applies to private employers Italics = effective 1/1/2014
- Example 4: Employer's Inquiry into Conduct Underlying Arrest. Andrew, a Latino man, worked as an assistant principal in Elementary School for several years. After several ten and eleven-year-old girls attending the school accused him of touching them inappropriately on the chest, Andrew was arrested and charged with several counts of endangering the welfare of children and sexual abuse. Elementary School has a policy that requires suspension or termination of any employee who the school believes engaged in conduct that impacts the health or safety of the students. After learning of the accusations, the school immediately places Andrew on unpaid administrative leave pending an investigation. In the course of its investigation, the school provides Andrew a chance to explain the events and circumstances that led to his arrest. Andrew denies the allegations, saying that he may have brushed up against the girls in the crowded hallways or lunchroom, but that he doesn’t really remember the incidents and does not have regular contact with any of the girls. The school also talks with the girls, and several of them recount touching in crowded situations. The school does not find Andrew’s explanation credible. Based on Andrew’s conduct, the school terminates his employment pursuant to its policy. Andrew challenges the policy as discriminatory under Title VII. He asserts that it has a disparate impact based on national origin and that his employer may not suspend or terminate him based solely on an arrest without a conviction because he is innocent until proven guilty. After confirming that an arrest policy would have a disparate impact based on national origin, the EEOC concludes that no discrimination occurred. The school’s policy is linked to conduct that is relevant to the particular jobs at issue, and the exclusion is made based on descriptions of the underlying conduct, not the fact of the arrest. The Commission finds no reasonable cause to believe Title VII was violated