A recent post on an HR blog concerned an applicant who was directed online to web-based background screening software to fill out information, finding it took 80 minutes. Not surprisingly, this applicant was not pleased with the amount of time and effort it took to fill out on online background form. Such dissatisfaction can actually lead to qualified applicants going elsewhere. See: http://www.risesmart.com/risesmart/blog/feeling-dissected-by-pre-employment-screening-software/

Employment Screening Resources (ESR)  believes that an applicant’s time is valuable and the online system for a background check should respect the applicant and reflect the value the employer places upon recruiting qualified candidates. The ESR system, for example, only takes a few minutes of an applicant’s time to fill out online. It only asks those questions that are strictly necessary for the screening an employer wants and does not waste time by asking for information that is not needed for the screening involved. It also transfers information already put into an Applicant Tracking System (ATS), if the ATS is able to send it. Also, all work is done in the US in a professional environment, and not sent offshore or into private homes for processing, so applicant privacy and data protection is much greater. Applicants that have had a negative experience with using online background screening systems to fill out their own data may want to suggest that the employer look at other systems, such as the ESR system at: http://www.esrcheck.com/Applicant_Generated_Reports.php

In the April, 2009 ESR Newsletter, ESR reported on a case in Ohio where a negligent hiring lawsuit was filed on behalf of a sleep clinic patient that was sexually molested by a staff member.  http://www.esrcheck.com/newsletter/archives/April_2009.php.  The article reported that a technician was facing gross sexual imposition and sexual imposition charges for allegedly molesting five victims.  The lawsuit “accuses the sleep clinic of negligence for hiring (the worker) and failing to properly supervise him.”  

Another sleep clinic case, this time from California is now in the news.  According to a story in the Monterey County Herald, a sleep technician was accused of sexual misconduct and the case eventually resulted in a no contest plea to a battery charge.  The case even lead to a new law in California that regulated workers in sleep clinics and required them to pass background check.  See:  http://www.montereyherald.com/local/ci_13864096 

These stories demonstrate a fundamental fact of life for employers. In deciding how extensively to perform background screening, employers need to consider the risks involved.  Patients in a medical facility are highly vulnerable and therefore at greater risk. Presumably, patients at a sleep clinic are even more vulnerable since they are there to sleep.

Examples where employers may have an increased duty of care are: 

• The workers have contact or responsibilities with groups at risk, such as the young, infirmed, or elderly.
• Jobs such as a security guard, where a person acts under a “color of authority.”  A person who wears a uniform is even a higher risk since a person may assume they have authority and may let their guard down. 
• Jobs with special responsibilities such as an apartment manager that has the master key to all of the apartments.
• Jobs where a worker has access to sensitive consumer information, such as credit card numbers or Social Security numbers.
• Jobs where by statute, there is particular sensitivity.  An example can be safety sensitive positions such as workers at nuclear plants.  Sarbanes-Oxley compliance is another area where that may create a higher duty of care.
• Jobs where workers enter homes, or where other unique risks exist.  A person in their own home can be extremely vulnerable since they are shielded from the public and cannot obtain help easily.  In fact, an organization called the Sue Weaver Cause advocates greater due diligence where workers enter homes.  According to their website:
  “August 27, 2001, Sue Weaver was brutally raped and beaten to death by a twice convicted sex-offender hired to do service work in her home. Sue had contracted with a major department store to have the air ducts in her home cleaned.  (The department store) did not conduct criminal background checks on those workers they sent into their clients’ homes.”   For more information, see:  http://www.sueweavercause.org/  

To review the risk management considerations for your screening program, contact Jared Callahan at 415-898-0044 or e-mail him at jcallahan@esrcheck.com

From the ESR mailbox: I have heard that it is against the law to check any reference other than those provided by the applicant. For example, if an applicant had a job that was not listed on the resume or application, can a background firm or employer still contact that person?

Answer: We are not aware of any legal prohibition against contacting “unlisted” individuals to perform reference checks as part of the employment process. The consent that is given to employers or screening firms to verify past employment or qualifications is not limited to just those individuals an applicant chooses to list or reveal

However, the unlisted” person should only be contacted if the person has knowledge relevant to employment and should only be asked job related questions. Questions for example, about legal off-duty conduct would not be proper. Furthermore, any questions should certainly be non-discriminatory and not an invasion of personal privacy. Typically, a background firm is asked to contact listed employers. There are circumstances however where the person in charge of hiring decides to go a deeper because they are hiring for an important position. The hiring manager hiring may contact the listed references, and then ask who else has they can call that has knowledge about the applicant. This is known as a developed reference. The purpose is to develop the names of other individuals who know the applicant and to get a candid assessment from someone who perhaps has not been “prepared” to give a reference. The topic of unlisted employment may also come up if there are unexplained gaps in employment, and the employer wants to dig deeper. Unlisted jobs may also appear on automated employment verification databases.

One important caveat-”a background firm will typically not contact a current employer without specific permission in order to avoid causing any problems on the current job if the new job doe not work out.

Employers with questions about background checks are free to send them to Jared Callahan at jcallahan@ESRcheck.com . For more information generally, see www.ESRcheck.com

ESR is closed for the holidays on November 26 and 27. Happy Thanksgiving.

Who says there is no humor in the hiring process?  Employers, Human Resources professionals and Recruiters   may enjoy the book, “Lexicon of Intentionally Ambiguous Recommendations (LIAR),” by Robert Thornton, available on Amazon.  The book gives a whole new meaning to the term “damned with faint praise.”  It answers the age old question of how to give a truthful recommendation without getting sued!

Here are  just a few examples from this very clever book:

“Her ability is deceiving” (She lies, cheats and steals)

“No salary would be too much for him.” (He is not worth anything)

“It was a pleasure working with her the short time I did.”  (Thankfully it was not longer)

“I am pleased to say that this candidate is a former colleague of mine” (I can’t tell you how happy I am that she left our firm)

“He’s a man of many convictions.” (He’s got a record a mile long). 

“She gives every appearance of being a reliable, conscientious employee”  (But appearances can be deceiving)

Any employers, recruiters or HR or Security Professionals that want to share their own favorite way of  giving ambiguous references, please send them to Jared Callahan at ESR by  e-mail at jcallahan@esrcheck.com

A frequently asked question is how the National Association of Professional Background Screeners (NAPBS®) got started.  Here is an excellent expert from a blog dated Jun-4-2008 that recounts that history at http://www.zimbio.com/member/brettcarlson/articles/1544647/Great+Association+Background+Screeners

Background investigations are one of the most in-demand services provided by private investigators. From pre-employment screening, to tenant checks, to corporate due diligence investigations, the need for comprehensive background screening grows every day. This field can be a very lucrative opportunity for private detectives to build their businesses. However, unfamiliarity with the many laws and regulations in this area can also lead to catastrophy. It is essential for the PI interested in this line of work to fully understand these issues and hold himself to a high professional standard. 

Luckily, the National Association of Professional Background Screeners is here to help. This organization is at the forefront of the screening industry, providing its members with the information and resources needed to succeed in this growing field. I asked Larry Lambeth, Chairman of the NAPBS, to discuss how the organization was formed:

“NAPBS began through the efforts of many people. Steve Brownstein, the editor of The Background Investigator  (a newspaper devoted to the screening industry), held the nation’s first screening industry conferences. At a conference in Long Beach, CA in April, 2002, Brownstein encouraged the attendees to think in terms of a national association in order to promote and protect the screening industry. In November, 2002, Brownstein and The Background Investigator sponsored a large national conference in Tampa, Florida, attended by over 175 screening professionals. At this meeting there was widespread support for the formation of an association. A steering committee was formed to act as an interim board to start a background screening association   The members of the interim board were:

Les Rosen, Chairperson
Sandra Burns
Michael Sankey
Bill Brudenell
Charlotte O’Neill
Mike Cool
Jack Wallace

The interim board, along with other interested members of the screening industry, met in Arizona in January, 2003 and again in Washington D.C. in April, 2003 to form the association. The interim Membership and Ethics committee met in Dallas, Texas in the Spring of 2003. In order to provide seed money for the group, in early 2003 a number of screening firms stepped forward and generously donated the necessary funds to launch the association and to retain the services of a professional management firm, IMI Association Executives. A membership drive was held in the last half of 2003, resulting in over 200 members.  Firms that joined before the first election were entitled to use the phrase “Founding Members” with the NAPBS logo.

NAPBS began its first full year of operations with an elected Board of Directors in 2004. On March 29-30, 2004, more than 225 individuals representing over 175 companies converged on Scottsdale, AZ for the inaugural Annual Conference of the National Association of Professional Background Screeners. We have close to 700 members in 16 countries now. ”

ESR was pleased that its president, Les Rosen, was voted to be on the first board of directors and selected as the first co-chair of NAPBS.