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Introduction to International Screening

by Lester S. Rosen

Employers have long recognized that conducting due diligence on new hires is a mission critical task. Firms cannot afford to be sidetracked by employee problems such as workplace violence, theft, false resumes, embezzlement, harassment or trumped-up injury claims. Employers can be the subject of lawsuits for negligent hiring if they hire someone that they should have known, through the exercise of due diligence, was dangerous, unfit or unqualified.

However, with the mobility of workers across international borders it is no longer adequate to conduct these checks just in the United States. A 2000 government study shows that 11.5% of the population consists of immigrants. In addition, an increasing number of workers have spent part of their professional career abroad. The number of countries from which employers seek additional information about applicants is expansive, and includes India, China, Philippines, France, Germany, Russia, Brazil, Mexico, Australia, Japan, Canada, among others.

International Background Screening Perceived As Difficult
Because of the perceived difficulty in performing international employment screening, some employers have not attempted to verify international credentials or to perform foreign criminal checks. However, the mere fact that information may be more difficult to obtain from outside of the U.S. does not relieve an employer from their due diligence obligation.

Nor can employers simply assume that the U.S. government has conducted background checks if the worker was issued a visa. After the events of 9/11, the U.S. has increased checks on foreign visitors and on workers on government "watch lists." However, the government checks are generally not aimed at verifying a credential or checking for criminal records for employment purposes.

To exercise due diligence in hiring, employers should consider screening internationally for criminal records, employment, education, and publicly available terrorist lists.

Criminal Records
When it comes to criminal records, each and every country is completely different. The availability of public records that is taken for granted here in the United States is often times not available abroad. In some countries, records are available at the courthouse, similar to how criminal records are obtained in the US. In other countries, records can be obtained from a police agency. In some countries, the best course is to have the applicant obtain their own certificate of good conduct from their local police station.

For criminal records searches, it is important to know exactly where the person has lived to ensure you are searching the appropriate court. Keep in mind also that that turnaround time for international criminal searches takes longer than domestic searches. Different countries also have different rules on the level of searches, but in most countries it is possible to obtain information of offenses that are at the felony level.

Another concern is name variations. Many countries have naming convention that is different then the US, such as the use of the mother's name. Complications can also arise for applicants whose name is based on a non-English alphabet, such as Chinese, Arabic or Japanese. There are numerous ways that such names can be translated into English.

Privacy and data protection is another crucial issue. For example, the European Union has passed strong privacy rules affecting how personal data can be obtained and utilized. U.S. background firms that do international searches should be a member of the U.S. Department of Commerce Safe Harbor program, which demonstrates a commitment to the E.U. privacy and data protection rules.

Education
Verification of an educational degree earned abroad is critical to verify credentials and to avoid fraud. An employer needs to determine if an applicant in fact attended the school claimed and received the degree claimed. Statistics show that education fraud can run as high as 20%. The employer also needs to determine if the school is accredited and authentic. The world is awash with phony schools and worthless diplomas. If the employer is not familiar with a school, they should conduct their own research. A legitimate school will often have an e-mail address or phone number so that they can be contacted to verify a degree.

Employment
Foreign employment can also be verified by contacting the employer even though they are in a foreign country. Often such calls will be made in the middle of the night due to time differences. The critical step is to obtain as much information about the past employer as possible from the applicant. If the employer does not speak English, an interpreter may be needed.

Terrorist Lists
Other due diligence tools are the various terrorist databases available to the public, such as the Office of Foreign Assets Control ("OFAC") list maintained by the U.S. Department of the Treasury. Such lists are readily available but there are limitations as well, such as working with name matches only when no additional details are available. To locate a list of web sites containing publicly available lists, and for more information on international background checks, go to: www.esrcheck.com/international.php.

Lester S. Rosen is an attorney at law and President of Employment Screening Resources (www.ESRcheck.com), a national background screening company headquartered in Novato, California. He is the author of, The Safe Hiring Manual--Complete Guide to Keeping Criminals, Imposters and Terrorists Out of Your Workplace (512 pages-Facts on Demand Press), the first comprehensive book on employment screening. He is a frequent speaker nationwide on pre-employment screening and safe hiring issues. He was the first co-chairman of the National Association of Professional Background Screeners (NAPBS), the organization for the background screening industry.

(c)2008 Lester S.Rosen

See:  Employment Screening Resources (ESR) Rated Top Background Screening Firm in First Independent Industry Study
http://www.ereleases.com/pr/2002-12-12e.html

PRESS RELEASE:

For Immediate Release  

Contact:  Jared Callahan
Phone: 415-898-0044 ext. 240

Employment Screening Resources (ESR) Rated Top Background Screening Firm in First Independent Industry Study 

Novato, CA. December 10, 2002 -- Northern California-based Employment Screening Resources (ESR) was rated as the top background-screening firm in the first  independent survey of the pre-employment screening industry just released by HR.com, North America's largest web destination for Human Resources (HR) professionals.

The ratings were contained in a 467-page research report prepared by the Intellectual Capital Group, a division of HR.com.  The report provides a comprehensive analysis of drug testing and background screening for Human Resources professional, including a review and ratings of service providers. This was the first independent survey and rating of firms providing this service. 

The report gave ESR the highest rating - 19 out of a possible twenty - based upon an industry rating of service details and capabilities, facts about the company, and ESR’s overall value proposition. 

According to ESR's founder, attorney Lester S. Rosen, “HR.com has performed a tremendous service to American business and HR professional by providing the first in-depth and objective analysis of employment screening.  There are a large number of firms that provide employment screening data and we are gratified the HR.com report recognized ESR’s commitment to making screening a professional service by our number one ranking.” 

The report specifically cited such advantages as ESR’s exclusive 50 state legal compliance guide, legal compliance expertise, the high caliber of its professional staff, and its detailed processes ensuring that information is returned in an accurate and timely manner.  The report also noted ESR's state-of-the-art Internet technology and customizable solutions. 

In addition, the report noted that ESR provides extensive resources on its website, www.ESRcheck.com. 

The report, titled The 2002 Buyers' Guide to Drug Screening and Background Checking, is available from www.HR.com.  The in-depth industry report sells for $2,495.00.  The publication was launched on November 19, 2002.  

About ESR: 

Employment Screening Resources (ESR) combines human resources, public records and legal expertise in providing employers with fast, accurate and cost-effective employment pre-screening nationwide.  ESR’s mission is to bring professional consulting resources to an industry that largely focuses on providing data as a commodity.  ESR specializes in criminal records, reference checking, drug testing, international backgrounds and legal compliance. From its national headquarter in Novato, California, ESR serves employers across the United States from start-ups to divisions of Fortune 500 companies through its state of the art ESRnet system. See (www.ESRcheck.com) 

About HR.com and The Intellectual Capital Group (ICG)

HR.com services over 145,000 Human Resources (HR) Professionals and is committed to providing them with the information, tools and resources they need to successfully manage the people side of business.  The Intellectual Capital Group (ICG), a division of HR.com provides leading edge research that identifies and analyzes trends and technologies in the HR Market, to help clients choose the appropriate technology and partners.

For additional information, contact:

Jared Callahan

National Marketing Director

Employment Screening Resources (ESR)

www.ESRcheck.com

415-898-0044, ext. 240

jcallahan@esrhire.com