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FYI Screening stays on top of the latest industry news, trends and relevant compliance issues.

We are a powerful source of advice, information, and experience.

One of the best ways to tap into our vast source of information is to follow us on Twitter.

Here is a sampling of tweets from the past two weeks:

• Ohio bill going too far to protect ex-convicts? Police would have to seal files, media delete old stories http://bit.ly/91Zoe9 #in #hr

• Employee Background Screening News: Former felons feel boxed in by crime question http://bit.ly/bIJ39E

• #Privacy Alert: 60% of Americans don’t know copiers store images on hard drives http://bit.ly/b9QWoR (watch the video)

• Excellent tips on what employers can do to help prevent workplace violence http://bit.ly/cP0T6k

• Investigation: Could background check have prevented alleged rape? http://bit.ly/b8SAqX

• MA employers need to review their background check policies to comply with new state law http://bit.ly/bJ9gRW (PDF via Ogletree, Deakins)

• Job applicants: How to prepare for a background check http://bit.ly/bNyutR #jobs

• Cash-strapped Indiana nixes nurse background check program http://bit.ly/asR7cs

• IL joins other states in making it illegal for employers to use credit histories to evaluate job seekers http://bit.ly/dwT9kn #hr #in #jobs

• Governor Signs CORI Reform Prohibiting MA Employers from Inquiring About Criminal Convictions on “Initial” Applications http://bit.ly/bX6TOL

• Background check news: NYC lawsuit: Census Bureau discriminated in hiring http://bit.ly/a3wmXu #hr #emplaw

What are you waiting for? Follow us on Twitter now!

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In light of the recent workplace violence in Connecticut, I thought it would be a good idea to share the following articles:

• 8 Tips On How Employers Can Minimize Risk Of Workplace Violence

• Violence in the Workplace: A Legal Perspective

• Workplace Violence: Myths and Mitigation

Protecting Your Staff And Your Company

Preventing workplace violence means protecting your employees from injury and protecting your company from disruption and lawsuits. While it’s impossible to guarantee that an employee will never act violently in the workplace, you can use this information to dramatically lower the likelihood of it happening.

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This headline caught my attention this morning while reading our local newspaper, “The Columbus Dispatch:”

Colleges Weigh Student Crimes

Clarett among hundreds of felons admitted to Ohio schools

In case you don’t know, Clarett is Maurice Clarett who led the Ohio State Buckeyes to the 2002 national championship during his freshman year. He pleaded guilty in 2006 to aggravated robbery and carrying a concealed weapon, and served 3 1/2 years in a Toledo prison. On Monday he started taking classes again at Ohio State.

His return to classes has created a lot of buzz, but what really caught my attention was the statement  “he’s hardly the only person with a criminal record attending a central Ohio college.”

Here are some interesting tidbits from the article:

• Ohio State University estimates that 30 to 45 people with felony convictions or suspensions from another college apply to the Columbus campus each year as freshmen or transfer students. Of those, about 20 or so make it through a vetting process that ensures they don’t pose a safety risk. They still have to meet the school’s academic requirements, and some give up when they find out they might not qualify for federal financial aid because of a drug conviction. The vast majority have gotten into trouble because of alcohol and drugs. At Ohio State, officials sometimes add restrictions, such as being prohibited from living in a dorm or being required to talk with a campus counselor, for people who have convictions. A few are asked to reapply in a year after securing permanent housing, finding a job or doing volunteer work - or taking classes online or at a two-year school to prove that they are ready for the challenge.”We don’t automatically bar anybody,” said Louise Douce, assistant vice president of student life.

• Columbus State Community College has higher numbers of applicants with criminal histories, in part because the school has open enrollment, said Admissions Director Tari Blaney. Last school year, there were 980 felons among the 31,000-plus applicants to Columbus State. Nearly 400 were admitted, Blaney said. Like a growing number of schools nationwide, Columbus State Community College is considering running background checks for students whose records raise red flags.

• Miami University - Under Ohio law, people who have served time for any of more than 30 violent crimes have to wait a year after being convicted before they can enroll in a public college, said Claire Wagner, Miami University’s spokeswoman. “And if we have learned a student lied about the criminal conviction, we can suspend them for at least a year,” she said.

• Ohio University - Ex-convicts who make it through the vetting process do as well as students without a record, several local campus officials said.”I’ve been doing this for 15 years and only two of the hundreds and hundreds of people with criminal convictions we have admitted have re-offended,” said Nicolette Dioguardi, Ohio University’s deputy general counsel. “People who are truly dedicated to getting their education and improving their lives are generally the most motivated to succeed.”

Most central Ohio colleges ask applicants to report whether they have ever been convicted of a crime or suspended from another school. Those who say yes are asked to provide more information. A committee of campus officials reviews the nature of the offense, when it happened and whether it is part of a criminal pattern. The committee also looks at what applicants have done since being convicted.

Employee Screening Best Practice

This holistic approach is also a recommended best practice for employers when hiring. If the applicant has a conviction, look at the nature and gravity of the crime, the nature of the job, and the age of the crime to determine whether there is a business justification to deny employment. Also, employers should review the individuals entire background - through verifications, references, interviews, etc. to make an informed decision about the individual.

Do you have questions about your background screening program?

Our experts are here to help. Ask a background screening expert.

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I just read another excellent article on the red hot topic of social media and employee background screening. It’s titled “Social Networking Sites: Savvy Screening Tool or Legal Trap?” written by Christa Richer Cook, an employment law attorney with the law firm Bond, Schoeneck & King, PLLC.

For more information, read these related blog posts:

• Q&A On Using Social Networks For Background Screening
• 4 Tips On How To Use Social Networks For Employee Screening
• Employee Screening Through Social Networks
• Twitter and Employment Law Issues
• The Pros & Cons of Googling Candidates

Do you have questions about your employee background screening program?

Our experts are here to help. Ask a background screening expert.

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Why Employers Must Verify Employment Authorization and Identity of New Employees

Source: U.S. Citizenship and Immigration Services (USCIS)

In 1986, Congress reformed U.S. immigration laws. These reforms, the result of a bipartisan effort, preserved the tradition of legal immigration while seeking to close the door to illegal entry. The employer sanctions provisions, found in section 274A of the Immigration and Nationality Act (INA), were added by the Immigration Reform and Control Act of 1986 (IRCA). These provisions further changed with the passage of the Immigration Act of 1990 and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996.

Employment is often the magnet that attracts individuals to reside in the United States illegally

The purpose of the employer sanctions law is to remove this magnet by requiring employers to hire only individuals who may legally work here: citizens and nationals of the United States, lawful permanent residents, and aliens authorized to work.

To comply with the law, you must verify the identity and employment authorization of each person you hire, complete and retain a Form I-9 for each employee, and refrain from discriminating against individuals on the basis of national origin or citizenship.

Form I-9 helps employers to verify individuals who are authorized to work in the United States.

Resources

• Handbook For Employers (pdf)  - provides guidance on how to properly complete Form I-9, and answers frequently asked questions about the law as it relates to Form I-9  (Source: U.S. Citizenship and Immigration Services (USCIS)

• Frequently Asked Questions about I-9 Compliance (Source: Peng & Weber, U.S. Immigration Lawyers)

• What You Don’t Know About Employment Eligibility Verification May Cost You (Source: Bracewell & Giuliani LLP,  an international law firm)

Smart, Compliant Hiring Decisions Made Easy

FYI Screening offers smart background screening technology & practices that allow companies to quickly become more competitive, compliant & efficient.

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Seyfarth Shaw LLP, one of America’s leading full-service law firms, reported Senator Dianne Feinstein of California recently introduced SA 3795 as an amendment to the  Fair Credit Reporting Act.

“Senator Feinstein’s bill proposes to restrict an employer from using a “consumer’s creditworthiness, credit standing, or credit capacity” in making any employment decision or for the basis of taking any adverse action—regardless of whether a consumer gives an employer consent to use such information.

The only exceptions to this prohibition would be for:

1) national security or FDIC clearance;

2) employment with state or local government agency which requires the use of this information;

3) employment in a management position with access to customer funds at a financial institution; or

4) as otherwise required by law.”

Read More

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The Spring 2010 edition of our Safe Hire newsletter is available for viewing. We publish our newsletter on a quarterly basis to keep employers better informed about employee background screening trends, legal compliance issues and company news.

In this issue we’re going to cover EEOC compliance and investigations, record retention and a technology update.  Please let us know if there are any specific topics or questions you want us to cover.

Read the Safe Hire newsletter

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Employment law firm Outten & Golden LLP just released this news:

Accenture Sued for Discrimination Over Background Checks

Accenture, one of the largest management consulting firms in the world, conducts background checks that discriminate against African Americans and Latinos, a class action lawsuit filed in New York federal court today alleges.

The lawsuit, filed on behalf of Roberto J. Arroyo, of Morristown, N.J., accuses Accenture of violating Title VII of the Civil Rights Act of 1964 by rejecting or firing qualified individuals who have criminal records even where the criminal history has no bearing on the individual’s fitness or ability to perform the job.

According to the Complaint, “Such policies and practices are illegal because they adopt and perpetuate the racial disparities in the American criminal justice system … For decades, the Supreme Court and the EEOC have recognized that overly broad restrictions on hiring individuals with criminal records are discriminatory and illegal.”

Employers Must Revisit Their Hiring Policies to Incorporate Ex-Offenders into the Workplace

Melissa E. Pierre-Louis, an associate at Outten & Golden LLP, offers excellent advice to employers in an article published in an American Bar Association Labor Employment Law Flash in February 2010:

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued guidance regarding the steps employers must take to avoid liability. The EEOC advises employers to undertake three steps in determining whether to screen out a candidate with a criminal conviction.

1. The employer must consider the nature and gravity of the offense.
2. The employer must consider the length of time that has passed since the conviction.
3. The employer must consider the relationship of the conviction to the particular duties and responsibilities of the job in question.

The massive rise in incarceration rates in the past few decades, coupled with efforts by advocates and the Obama administration to help offenders “reenter” society, means that employers will likely see a significant increase in the number of ex-offenders in their applicant pool in the coming years.

Employers who continue to apply blanket bans on hiring ex-offenders or who fail to implement hiring criteria that take into account the nature of the offense and its relationship to the job face significant exposure to charges of race discrimination.

“Simply put, now is the time for employers to align their policies with state and federal requirements.”

Proper planning, legal review, and prompt implementation are critical to avoid liability. As a first step, employers should revisit their hiring policies in light of EEOC guidance. In addition, employers should become aware of the protections afforded to ex-offenders by state law. For example, New York State and City law offer greater protections to applicants with criminal convictions. They prohibit employers from turning down an applicant because of his criminal conviction unless the employer undertakes a case-by-cases evaluation of each applicant and can show that there is a “direct relationship” between the applicant’s prior offense and the employment sought or that employment of the applicant would pose an unreasonable risk to property or the public.

FYI Screening - Smart, Compliant Hiring Decisions Made Easy

You can feel confident that you’re using the most up-to-date, accurate information available to ensure a safe and compliant environment for your workforce and customers. Our smarter background screening technology and practices allow companies to quickly become more competitive, compliant & efficient.

• Contact us for a background screening consultation
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