While tracking the Google search terms that lead people to these articles, one thing has become abundantly clear - many job seekers are curious to know what's on their background check, more so than corporations looking for information about their own background screening programs and policies.
There are no hard and fast answers to any of the questions job seekers ask Google, because the background check industry changes on an almost daily basis. But there are some basic guidelines. Following are brief answers to a few of the most common questions about background checks:
Can my online (Facebook, Twitter) reputation be used against me?
The short answer is "yes" - if you are looking for a job, take down that drunken party picture on your Facebook profile right away. As we outlined in a previous article, the legality of using Facebook as an employee screening tool is questionable and depends entirely on what information is being used. An employer may be exposed to information about your religion, marital status/sexual orientation, or pregnancy but they aren't legally permitted to use that information in making a hiring decision. But if your Facebook page suggests drug use or other illegal activities you may never get a call back.
We always recommend that employers refer to more official records like convictions and verifications of employment, but there is no law that says an employer cannot look you up on Facebook.
After I'm convicted of a crime, how long will it continue to show up on my background check?
This is probably the most common question about background checks, and it's also the most difficult to answer. As a general practice, background screening firms look for information from the past seven years - this time frame includes disposition, so if your 3 year probation ended in 2005, it's going to be on your report. Several states have even enacted laws restricting information past 7 years but the Fair Credit Reporting Act, the federal law that governs employment background checks, does not set a maximum time frame for reporting convictions.
This means that a speeding ticket from 1995 is reportable in one state, whereas a violent assault from 2003 may not be reportable in another. Also, the 7 year rules in some states aren't set in stone and may be ignored based on certain variables - whether you've been convicted of other crimes since your first offense, the severity of the crime (sex crimes and manslaughter are frequently exempt from reporting restrictions), and even your anticipated salary may determine whether a crime can be included on your report.
If I'm not applying for a financial position, why are you checking my credit?
The Fair Credit Reporting Act (FCRA) was originally created to govern the use of credit reports, but then expanded to include any type of data (criminal convictions, driving records, professional references) that a consumer reporting agency may prepare about you for employment purposes. Virtually any part of any report prepared by a screening agency falls under the FCRA, which means you need to authorize the background check before it can be run, and you are allowed very specific rights with regards to your report.
Credit reports, specifically, speak volumes about an individual's level of personal responsibility and organizational skills. Even so, more employers are relying on this information only when it's for a financial position. Several states (Connecticut and Illinois, for example) have even passed laws restricting the use of credit reports unless there are specific financial aspects to the position.
There are more questions, and we have the answers. If you have a specific question about background checks, please leave a comment below and I'll be sure to answer it in the second part of this series.
Thursday, September 22, 2011
Monday, August 15, 2011
Criminals, CORI, and the misinformed media
Editor's note: Though I always include specific references to other articles, based on the tone of this article I do not feel it's appropriate to single out individual journalists or media outlets.
Throughout the last decade's explosive growth of pre-employment background checks, the news media has published hundreds or even thousands of stories. From business behemoths like the Wall Street Journal to community papers in rural Oklahoma, media coverage helps to influence the perception employers and job seekers have of the background screening industry. Unfortunately these articles are commonly filled with misinformation or misguided calls for action.
Throughout the last decade's explosive growth of pre-employment background checks, the news media has published hundreds or even thousands of stories. From business behemoths like the Wall Street Journal to community papers in rural Oklahoma, media coverage helps to influence the perception employers and job seekers have of the background screening industry. Unfortunately these articles are commonly filled with misinformation or misguided calls for action.
Take, for example, the recent coverage of the Equal Employment Opportunity Commission's hearing about background checks. The most accurate articles describe the confluence of opinions and expert testimony about background screening. But some creative journalism apparently reads between the lines and tells employers that the EEOC is proposing a ban on background checks for prospective and current employees1. The article continues to rehash the details of the hearing, without any details to support the so-called ban, and wraps up by asking readers to write the EEOC and oppose their proposal.
The problem? The EEOC didn't propose a ban; in fact, they didn't propose anything. Further, the hearing began by recognizing the importance of background screening to prevent acts of violence in the workplace. The whole purpose of the hearing was to analyze the positive and negative impacts of background checks on communities as a whole so the EEOC can develop a plan or proposal to take to lawmakers.
In Massachusetts, a law passed in 2010 that reforms the state's criminal record database, referred to as "CORI". One of the most highly regulated and complex criminal record databases in the country, CORI is well-known and often notoriously misunderstood in terms of what it includes and how it's used. Perpetuating the myths and misunderstanding? You guessed it: the print and television news media in Massachusetts.
A news source with perhaps the highest readership in Massachusetts2 published a short informative guide for employers and job seekers, explaining how a minor criminal record would not likely hold up a job seeker's employment. Although the author's interpretation of CORI was based on some knowledge of the law, her explanation was incomplete and misguided. For example she quoted some parts of the law that have not yet been enacted and didn't take into account that there are many more ways to obtain criminal records than just using the highly restrictive CORI system.
In a recent "special investigation", a local3 television news agency exposed the "loopholes" in the CORI system. The loophole is nothing more than common knowledge about state-maintained criminal record repositories: that the information contained therein is limited just to that state. The same "loophole" exists in the other 44 states that make criminal records available on a statewide level.
To its credit, the investigation exposes the public safety issue that the loophole creates. Massachusetts' requirement for many safety-sensitive positions is limited to CORI and doesn't statutorily require employers to look at the big picture. Additionally a slice of the general public undoubtedly were (and still are) unaware that CORI is not the end-all, be-all source of criminal records. But to imply that the team's crackpot investigative skills uncovered a dangerous secret, this group of journalists is doing nothing more than patting each other on the back.
At the core of each incomplete or misinformed news story is an important message and some useful information. Readers must keep an open mind when reviewing this information and seek the whole story before taking action. Employers should speak with objective legal counsel or experts in background checks to understand the bigger picture, and job seekers should fully understand their rights when dealing with their pasts.
Notes:
1. Per an article in a trade publication for the food service industry.
2. Blog on a job board website published by a Boston multimedia news agency.
3. Boston affiliate for a major television network.
Wednesday, July 27, 2011
Are you discriminating? EEOC believes so.
On Tuesday, July 26 a panel of experts assembled at the Equal Employment Opportunity Commission's DC office to discuss the impact of arrest and conviction records on protected groups. The very practice of pre-employment background screening was placed under a microscope and dissected. At the core of the debate was the domino effect background checks have on reformed criminals - high recidivism rates and social services costs, for example, can be attributed to the use of criminal records to deny employment.
Despite the clear benefits of using background checks to keep dangerous people out of the workplace, many criminal records do not immediately suggest that an individual is dangerous. Most employers eventually find "gray area" data, such as older misdemeanor convictions, that is more difficult to adjudicate. The use of this gray area information caught the attention of the Equal Employment Opportunity Commission who believes that employers aren't always using it fairly. Too many employers, says the EEOC, enforce a simple "blanket policy" regarding criminal records - basically, if you've been arrested or convicted, we won't hire you. The blanket policy leads to higher recidivism rates from those who are unable to re-enter the workforce after completing a jail sentence, and in particular discriminates against protected classes who have higher arrest and conviction rates than other classes.
The EEOC's current objective is to develop a plan to influence lawmakers to fix what they feel is a broken system. Currently however, it is up to individual employers to stay out of the EEOC's crosshairs by maintaining a safe, nondiscriminatory work environment:
- Ditch the blanket policy. Enforce a background screening policy that specifically filters out dangerous people, or people who could affect your bottom line (recent larceny convictions, for example).
- Remain open-minded. Several organizations at the EEOC meeting discussed the tremendous success they've had helping reformed criminals re-enter the workforce. The relationships between these employers and their employees are built on honesty and loyalty.
- Understand your state laws. New York's correction law specifically prohibits so-called blanket policies - before making an adverse hiring decision, an employer must demonstrate that an individual's criminal past creates a specific threat of harm for that employer.
- Identify contradictory regulations or pressures. For example, New Hampshire hospitals are prohibited from hiring anybody with a felony. Many hospitals work with social services organizations that may apply pressure to hire individuals with a criminal past, and are perhaps unaware of the hospital's legal requirement to deny employment to felons.
- Use only official court or state records. The EEOC discussed instant criminal databases, which are notoriously inaccurate and commonly falsely flag people as criminals. Despite the prolific criticism of databases, many employers still rely on them and turn down employment to qualified individuals without realizing they may be violating the law.
Reputable background screening firms like PT Research can help employers navigate the legal minefield regarding background checks by developing a thorough, compliant screening program. The Equal Employment Opportunity Commission's next steps are not determined at this time, but we will continue to provide updates as the EEOC develops its strategy to level the playing field.
Sources:
EEOC Release regarding the meeting
Thursday, March 31, 2011
Social network background check pitfalls: Candidates and employers beware
Microsoft Corporation published an extensive study last year about data privacy. Included in the study were some fascinating statistics regarding the way a person’s online reputation affects their real life. For example, “70% of surveyed HR professionals in U.S. have rejected a candidate based on online reputation information.” Job seekers should digest this information carefully – photos from last weekend’s drunken exploits should not be the first things a stranger sees when looking up your Facebook page.
Job seekers are (finally) becoming aware that employers know how to use social networks. They increase the privacy settings on their profiles and make sure that their profile picture isn’t too unflattering. Some of the job seekers who haven’t learned this yet, however, are unknowingly compromising their own employment efforts and posting photos, opinions, and experiences that would make Charlie Sheen blush.
Employers should also use caution, however, when they begin their background check at Google.com. Facebook, Twitter, and even LinkedIn background checks open the door to unique new liabilities that every background screening industry veteran knows to avoid.
· Protected class violations: During an interview you would never ask about a person’s age, religion, or physical disability. But what if you uncovered these items in a Facebook search? A rejected applicant could claim that you discriminated against them based on this information. This sounds like a far-fetched discrimination claim, but if you end up in a deposition it would be very difficult to explain that you didn’t uncover this type of protected class information.
· Positive identification: Facebook does its best to delete fake profiles, but fake profiles exist. There is no immediate way to know if a person’s raunchy online identity was created by that person, or by somebody else. A scorned ex-lover, for example, can create a fake Facebook page that isn’t remotely indicative of whom his or her ex really is. And if you don’t know what the person looks like, you may be learning about a completely different person with the same name. PT Research Inc. uses identifying information like date of birth or SSN to verify the accuracy of a court record, but an online identity cannot be verified.
· Information privacy: Even your best employees have a personal life that may include partying or drinking. They keep their personal lives entirely separate from their professional lives. A person’s Twitter account is meant for his friends, family, and other associates from his personal life. An employer’s perusal of his personal life may be considered an invasion of privacy regardless of the content the employer uncovers.
Other aspects of a job hunter’s personal life can speak volumes. Drug use, a violent criminal past, or a history of theft, are all immediate red flags that an employer can and should use when making a hiring decision. A reputable employment screening firm like PT Research can uncover these indiscretions without risking any of the above liability pitfalls.
Resources:
http://blogs.technet.com/b/privacyimperative/archive/2010/01/27/microsoft-releases-a-study-on-data-privacy-day.aspx
Job seekers are (finally) becoming aware that employers know how to use social networks. They increase the privacy settings on their profiles and make sure that their profile picture isn’t too unflattering. Some of the job seekers who haven’t learned this yet, however, are unknowingly compromising their own employment efforts and posting photos, opinions, and experiences that would make Charlie Sheen blush.
Employers should also use caution, however, when they begin their background check at Google.com. Facebook, Twitter, and even LinkedIn background checks open the door to unique new liabilities that every background screening industry veteran knows to avoid.
· Protected class violations: During an interview you would never ask about a person’s age, religion, or physical disability. But what if you uncovered these items in a Facebook search? A rejected applicant could claim that you discriminated against them based on this information. This sounds like a far-fetched discrimination claim, but if you end up in a deposition it would be very difficult to explain that you didn’t uncover this type of protected class information.
· Positive identification: Facebook does its best to delete fake profiles, but fake profiles exist. There is no immediate way to know if a person’s raunchy online identity was created by that person, or by somebody else. A scorned ex-lover, for example, can create a fake Facebook page that isn’t remotely indicative of whom his or her ex really is. And if you don’t know what the person looks like, you may be learning about a completely different person with the same name. PT Research Inc. uses identifying information like date of birth or SSN to verify the accuracy of a court record, but an online identity cannot be verified.
· Information privacy: Even your best employees have a personal life that may include partying or drinking. They keep their personal lives entirely separate from their professional lives. A person’s Twitter account is meant for his friends, family, and other associates from his personal life. An employer’s perusal of his personal life may be considered an invasion of privacy regardless of the content the employer uncovers.
Other aspects of a job hunter’s personal life can speak volumes. Drug use, a violent criminal past, or a history of theft, are all immediate red flags that an employer can and should use when making a hiring decision. A reputable employment screening firm like PT Research can uncover these indiscretions without risking any of the above liability pitfalls.
Resources:
http://blogs.technet.com/b/privacyimperative/archive/2010/01/27/microsoft-releases-a-study-on-data-privacy-day.aspx
Wednesday, March 23, 2011
7 Things You Must Do Before Hiring
As you probably know, Human Resources is an imperative component of any business. Naturally, we want to find the best and most qualified person for the job. This is why pre-employment screening is so important. Not only do you want an employee who has all of the skills and working drive that the company needs, but you also need this kind of evaluation to ensure the company reduces its risks, as well as builds a safer, positive and constructive workplace.
So you find the perfect applicant. He/she appears to have all of the qualifications for the job you were looking for. Before you go ahead and hire anyone to work for you, make sure you do these types of pre-employment screenings:
1. Criminal Background Checks
This kind of background check is the most common and is increasingly getting more popularized. You hear those news reports all of the time; the ones where an employee endangered a workplace or was using detrimental practices. These actions could possibly harm the company, its workers, and/or give it a bad brand value. These actions can be avoided.
Here are some of the criminal background checks you should perform on an employee candidate to ensure your business is secure:
· County record search
· State record search
· Federal record search
· Sex offender registries
· International criminal records
· SSN Trace
These searches can be quite difficult to find and understand. It is a good idea to take your time and find a quality background and pre-employment company to do these searches for you. You should be weary of online background screening databases. These often look over or miss very important information and are not very detailed. It is not a good idea to use these databases for important HR decisions.
2. Employment Verification
In most every case, when a candidate is looking to get hired, he or she will hand in a resume, and/or fill out an application. Now that you have seen their impressive list of skills, accomplishments, and experiences, it is time you validate this as a trustworthy resource. According to CNNMoney.com, "10 percent to 30 percent of job seekers shade the truth or flat-out lie on their resumes." The most common lies include their job title, compensation, reason for leaving and accomplishments.
Employment screening services typically will to in-depth analysis in these areas; keeping a look out for any inaccurate information. They may also perform supervisor interviews, I-9 Right to Work Verification, professional license verification, and (very important and sometimes underrated) employment reference checks.
3. Education Verification
It may come as a surprise but lying about to a prospective employer about his/her education history is actually not that unusual. Most typically, these lies may be the institution they did or did not attend, or that the degree they listed or mentioned was never actually earned. Though these lies or exaggerations may be small or unsubstantial it is important to verify this kind of information to really have a better understanding of his or her skills.
4. Drug Testing
Often over-looked or underestimated, executing a pre-employment drug screening program and/or a random drug-testing program is a great way to improve workplace productivity.
Not only does this usually avert those who may abuse substances, but it can also save you in insurance costs and prevent simple mistakes from occurring, slacking on the job, no-shows, possibly theft, and employee turnover too.
5. Driving Records
Driving Record checks are a vital part of hiring anyone who will be operating a vehicle on the job. Even if they are driving on company time to do a simple errand for the office and get involved in an accident, your business could be liable. These checks are most critical, if the person you hope to employ is responsible for driving other individuals. Just this simple step could prevent serious future damage, not only to equipment, but also the lives of others.
6. Credit Reports
Credit reporting is becoming more common for those looking to hire. Many believe that if you are not reliable on paying your bill then you may not be reliable on the job. This type of screening can be extremely useful if you are looking to hire in the financial industry.
7. Find The Right Employment Screening Service
As I mentioned before, online databases are not usually the most reliable sources for background screening purposes. The goal is to reduce your company's risk as much as possible and increase workplace safety and productivity. It is a good idea to find an employment screening service with a track record of being trustworthy and very detailed oriented.
One example of this is PT Research Inc.; they have been around since 1998 and pride themselves on their quality and accuracy. The employment screening agency performs over 25,000 criminal record searches a month in New England alone. PT Research will also customize to each individual client and has a very fast turn around time. For more information go to http://www.ptresearchinc.com/
Resources:
http://www.ptresearchinc.com/
"4 Key Pre-Employment Screening Components"- Posted by Michael Gaul
http://www.recruitingblogs.com/profiles/blogs/4-key-preemployment-screening
"Top 5 Resume Lies" CNN Money By Jeanne Sahadi http://money.cnn.com/2004/11/22/pf/resume_lies/index.htm
By Kasey Andrew
Marketing Director at PT Research Inc.
So you find the perfect applicant. He/she appears to have all of the qualifications for the job you were looking for. Before you go ahead and hire anyone to work for you, make sure you do these types of pre-employment screenings:
1. Criminal Background Checks
This kind of background check is the most common and is increasingly getting more popularized. You hear those news reports all of the time; the ones where an employee endangered a workplace or was using detrimental practices. These actions could possibly harm the company, its workers, and/or give it a bad brand value. These actions can be avoided.
Here are some of the criminal background checks you should perform on an employee candidate to ensure your business is secure:
· County record search
· State record search
· Federal record search
· Sex offender registries
· International criminal records
· SSN Trace
These searches can be quite difficult to find and understand. It is a good idea to take your time and find a quality background and pre-employment company to do these searches for you. You should be weary of online background screening databases. These often look over or miss very important information and are not very detailed. It is not a good idea to use these databases for important HR decisions.
2. Employment Verification
In most every case, when a candidate is looking to get hired, he or she will hand in a resume, and/or fill out an application. Now that you have seen their impressive list of skills, accomplishments, and experiences, it is time you validate this as a trustworthy resource. According to CNNMoney.com, "10 percent to 30 percent of job seekers shade the truth or flat-out lie on their resumes." The most common lies include their job title, compensation, reason for leaving and accomplishments.
Employment screening services typically will to in-depth analysis in these areas; keeping a look out for any inaccurate information. They may also perform supervisor interviews, I-9 Right to Work Verification, professional license verification, and (very important and sometimes underrated) employment reference checks.
3. Education Verification
It may come as a surprise but lying about to a prospective employer about his/her education history is actually not that unusual. Most typically, these lies may be the institution they did or did not attend, or that the degree they listed or mentioned was never actually earned. Though these lies or exaggerations may be small or unsubstantial it is important to verify this kind of information to really have a better understanding of his or her skills.
4. Drug Testing
Often over-looked or underestimated, executing a pre-employment drug screening program and/or a random drug-testing program is a great way to improve workplace productivity.
Not only does this usually avert those who may abuse substances, but it can also save you in insurance costs and prevent simple mistakes from occurring, slacking on the job, no-shows, possibly theft, and employee turnover too.
5. Driving Records
Driving Record checks are a vital part of hiring anyone who will be operating a vehicle on the job. Even if they are driving on company time to do a simple errand for the office and get involved in an accident, your business could be liable. These checks are most critical, if the person you hope to employ is responsible for driving other individuals. Just this simple step could prevent serious future damage, not only to equipment, but also the lives of others.
6. Credit Reports
Credit reporting is becoming more common for those looking to hire. Many believe that if you are not reliable on paying your bill then you may not be reliable on the job. This type of screening can be extremely useful if you are looking to hire in the financial industry.
7. Find The Right Employment Screening Service
As I mentioned before, online databases are not usually the most reliable sources for background screening purposes. The goal is to reduce your company's risk as much as possible and increase workplace safety and productivity. It is a good idea to find an employment screening service with a track record of being trustworthy and very detailed oriented.
One example of this is PT Research Inc.; they have been around since 1998 and pride themselves on their quality and accuracy. The employment screening agency performs over 25,000 criminal record searches a month in New England alone. PT Research will also customize to each individual client and has a very fast turn around time. For more information go to http://www.ptresearchinc.com/
Resources:
http://www.ptresearchinc.com/
"4 Key Pre-Employment Screening Components"- Posted by Michael Gaul
http://www.recruitingblogs.com/profiles/blogs/4-key-preemployment-screening
"Top 5 Resume Lies" CNN Money By Jeanne Sahadi http://money.cnn.com/2004/11/22/pf/resume_lies/index.htm
By Kasey Andrew
Marketing Director at PT Research Inc.
Thursday, March 17, 2011
Criminal Record Databases: Defer Liability Or Deliver A False Sense Of Security?
In October 2004, an employee of a New York grocery delivery company was charged with aggravated harassment and stalking for making obscene phone calls to women to whom he had delivered groceries. An in-depth search into the harasser’s background would have turned up at least two felony and six misdemeanor convictions. His employer’s vice president of human resources has been quoted as saying “for a delivery personnel with a burglary
conviction, we certainly wouldn’t hire them if we found that.”
In this particular case, and unlike the majority of negligent hiring cases, the harasser’s employer did, in
fact, run a criminal background check on the man. The background check came up clear, with no record
of a felony conviction or his release from prison last year after a bribery conviction. So how could an excon,
and a repeat offender, show a clear criminal record a year after his prison release?
The pre-employment screening firm who ran the search offers several screening options. The package
chosen by the employer in this case is referred to as a “database search,” or a list of names and criminal
convictions that are either purchased or acquired through public records. One such source of records is
New York’s Department of Correctional Services, who reports crimes for which a criminal served time in a
state prison; this list does not include city correctional facilities like Riker’s Island, where the harasser was
sentenced for his conviction last spring. The information New York provides also does not include
misdemeanors; the employee was convicted of six misdemeanors in the 1990’s.
The employer has since terminated their relationship with the employment screening company citing an
unsatisfactory explanation as to why they did not flag the employee for his extensive criminal history. They
hired a new firm and will be requiring secondary background checks for their 270 delivery people, and
will be paying more money for a more extensive level of search this time.
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