It is not uncommon for employers these days to use pre-employment background checks to help them hire new employees. Recent surveys from the Society of Human Resource Management (SHRM) revealed approximately 75% of employers ( three out of four) used background checks during their pre-employment screening of job applicants.

But what if the employer happens to be a professional franchise in the National Football League (NFL) and the job applicants are college football players? Along with statistics like touchdowns and tackles on the field, do NFL teams really care what football players do off the field?

Apparently they do “ a lot “ according to the New York Times NFL blog Fifth Down, which recently quoted a column from FootballOutsiders.com detailing the lack of privacy NFL draft prospects face, online and off, in today’s Internet-fueled, 24/7 sports world.

Every detail of a prospect’s background is researched by teams and publicized by the media. The scrutiny goes beyond touchdowns and dropped passes, it continues to arrests, scandals, and brief, long-ago suspensions for “undisclosed team violations. If a player was involved in some non-noteworthy taproom scuffle, we know about it.

For NFL teams, selecting a player in the annual draft is the main process used to hire new employees. Like any prudent employer hoping to avoid wasting time and money on unfit workers, they look at the past experience qualifications or prospective employees, and perform background checks to ensure that they are making an informed hiring decision.

With millions of dollars on the line,  the first overall selection in the 2010 draft, Sam Bradford of the St. Louis Rams, is projected to get $50 million in guaranteed money. NFL teams, like any prudent employer, use background checks before selecting future employees  in this case, college football players who hope to become professionals.

How prevalent have background checks become in helping NFL teams to decide what players to pick? Two sample Draft Profile on the NFL.com website show just how important:

• (NFL Draft Prospect A) will need a pretty in-depth background check by any team considering drafting him. He has had off the field issues at both the University of Virginia as well as at Marshall…
• (NFL Draft Prospect B) is a transfer from Florida who has struggled on and off the field because of injuries and conduct. He will require a strong background check by any team interested in gambling on his physical talent…

NFL teams conducting background checks on college football players is nothing new. A 2003 Los Angeles Times article reported that a former private investigator working for one team had done interviews and background checks on over 400 NFL draft prospects, while several other teams relied on former police officers and even a former director of the U.S. Secret Service to perform similar background checks. Other teams used background check reports that the NFL had compiled on prospects attending the leagues’ pre-draft combine.

Whether the employer is a pro football team or a small business, or the employee is a future gridiron all-star or a potential C-level executive, background checks help to ensure a safe work environment and to avoid the costs in both time and money  of a bad hires.

For more information about background checks, visit Employment Screening Resources (ESR), a national pre-employment screening provider, at http://www.esrcheck.com.

Sources:

http://articles.latimes.com/2003/apr/20/sports/sp-nfldraft20

http://fifthdown.blogs.nytimes.com/2010/03/11/n-f-l-prospects-have-no-privacy-on-internet-and-neither-may-you/

http://www.footballoutsiders.com/walkthrough/2010/walkthrough-click-your-own-risk

http://www.nfl.com/draft/2010/profiles/darius-marshall?id=497186

http://www.nfl.com/draft/2010/profiles/nyan-boateng?id=497272

By Thomas Ahearn, ESR Staff Writer

Arizona Governor Jan Brewer has signed a controversial law that would require police officers to question anyone that they have reason to believe may be in the country illegally, while also directing employers to keep verification records of employee work eligibility through the E-Verify electronic eligibility verification system and make it a felony crime for failing to use E-Verify.

As reported on AZCentral.com, the signing of Senate Bill 1070 into law has led to angry protests, threats of future legal challenges, and even criticism from President Barack Obama himself. The Arizona Senate had passed the bill a few days before the Governor had signed it. The law should go into effect in early May, according to AZCentral.com, 90 days after the current legislative session ends.

While the bill addresses a range of issues relating to illegal aliens and illegal immigration – including making it a crime for illegal immigrants to work or solicit work in Arizona and requiring Arizona law enforcement to make a reasonable attempt “when practicable” to determine the immigration status of a person if reasonable suspicion exists that the person is in the U.S. illegally – Senate Bill 1070 also:

• Directs employers to keep verification records of their employees’ work eligibility through E-Verify, and;
• Establishes a class 3 felony for failing to: a) verify employment eligibility through E-Verify or b) keep records of verifications.

Besides the strict new laws on E-Verify usage, Senate Bill 1070 also “stipulates that an employer is not entrapped in an investigation if the employer was predisposed to knowingly or intentionally employ an unauthorized alien and law enforcement officers or their agents merely provided the employer with an opportunity to do so” and “states that it is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identities.”

The U.S. Immigration and Customs Enforcement (ICE) – an investigative branch of the Department of Homeland Security (DHS) and the primary authority for enforcing immigration laws – has recently focused more on worksite audits of employee records, including the Employment Eligibility Verification form (“I-9 Form”), as a way to curb illegal immigration.  Employers can risk possible fines, penalties, and jail time if they do not comply with certain I-9/E-Verify regulations.

Employment Screening Resources (ESR), an authorized E-Verify Designated Agent, can assist employers in virtually eliminating SSA mismatch letters, improving the accuracy of wage and tax reporting, protecting jobs for authorized workers, and in maintaining a legal workforce. For more information about E-Verify, please visit http://www.esrcheck.com/formi9.php.

Sources:

http://www.azcentral.com/news/articles/2010/04/23/20100423arizona-immigration-law-passed.html

http://www.azleg.gov/legtext/49leg/2r/summary/s.1070pshs.doc.htm

http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf

By Thomas Ahearn, ESR Staff Writer

As a recently filed lawsuit alleging one of the largest management consulting firms in the world conducted discriminatory background checks against African-Americans and Latinos shows, employers need to fully understand the U.S. Equal Employment Opportunity Commission (EEOC) policies regarding the use of background checks during the pre-employment screening process – or face the consequences in court.

Due to an increase in discrimination lawsuits such as this, the EEOC has decided to warn employers about background check practices that could get them in trouble. The agency designed a program to combat discriminatory practices tied to background checks called E-RACE (Eradicating Racism And Colorism from Employment) after recently noticing a steep climb in complaints from job applicants who claimed they were unfairly excluded from employment because of information – such as criminal records and poor credit ratings – that appeared on background checks. African-American and Hispanic males in particular, who according to statistics usually have higher arrest rates and lower credit scores than white males, were able to show the EEOC that the criteria used during background checks had a negative impact on their hiring opportunities.

The EEOC has defined two background check practices in particular that have caused – and will continue to cause – the largest legal risk for employers:

• Blanket policies against hiring anyone with a criminal record or poor credit score.
• Failing to show the correlation between background checks and the job itself.

According to the EEOC, even if the agency takes a discrimination charge that does not necessarily mean that the government is accusing an employer of discrimination. It is simply the EEOC’s job to investigate the matter to determine whether there is reasonable cause to believe that discrimination has occurred if applicants or workers charge that an employer has allegedly discriminated against them.

In addition, according to the “Employers” section of the EEOC website, the agency enforces Federal laws prohibiting employment discrimination that protect employees and job applicants against employment discrimination when it involves:

• Unfair treatment because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
• Harassment by managers, co-workers, or others in the workplace, because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
• Denial of a reasonable workplace accommodation that the employee needs because of religious beliefs or disability.
• Retaliation because the employee complained about job discrimination, or assisted with a job discrimination investigation or lawsuit.

The EEOC and the courts do recognize that some information uncovered in background checks does provide insight on an applicant’s suitability in certain fields of employment. These instances could include jobs in which applicants would have close contact with customers, handle cash, drive vehicles, and deal with minors.  Employers need to show these correlations between background checks and the suitability for the given job, and also ensure that their background check process does not routinely, even if unknowingly, give preference to white applicants while excluding African-Americans and Hispanics.

For more information about EEOC policies regarding discrimination during background checks for employment, visit Employment Screening Resources (ESR), a national pre-employment screening firm providing background checks, at http://www.esrcheck.com.

Source:

http://eeoc.gov/employers/index.cfm

http://eeoc.gov/laws/index.cfm

http://www.eeoc.gov/eeoc/initiatives/e-race/index.cfm

By Thomas Ahearn, ESR Staff Writer

The Arizona senate has passed a controversial bill that – along with requiring law enforcement officers to question anyone that they have reason to believe might be in the country illegally – would direct employers to keep verification records of employee work eligibility through the government’s E-Verify electronic eligibility verification system and make it a felony crime for failing to verify employment eligibility with E-Verify.

According to a report on ABC15.com from Phoenix, AZ, Senate Bill 1070 now goes to Governor Jan Brewer, who can sign the bill into law or veto it and send it back to the legislature. Brewer has not yet taken a position on the measure championed by fellow Republicans.

While the bill addresses a range of issues relating to illegal aliens and illegal immigration, Senate Bill 1070 also calls for “Investigations of Employers” that, among other things:

•  Directs employers to keep verification records of their employees’ work eligibility through E-Verify, and;
• Establishes a class 3 felony for failing to: a) verify employment eligibility through E-Verify or b) keep records of verifications.

Besides the strict new laws on E-Verify usage, Senate Bill 1070 also “stipulates that an employer is not entrapped in an investigation if the employer was predisposed to knowingly or intentionally employ an unauthorized alien and law enforcement officers or their agents merely provided the employer with an opportunity to do so” and “states that it is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identities.”

The U.S. Immigration and Customs Enforcement (ICE) – an investigative branch of the Department of Homeland Security (DHS) and the primary authority for enforcing immigration laws – has recently focused more on worksite audits of employee records, including the Employment Eligibility Verification form (“I-9 Form”), as a way to curb illegal immigration.  Employers can risk possible fines, penalties, and jail time if they do not comply with certain I-9/E-Verify regulations.

Since the I-9 form is an important part of a comprehensive safe hiring strategy, employers using the E-Verify system maychoose a third-party provider to help maintain compliance. Employment Screening Resources (ESR), an authorized E-Verify Designated Agent, can assist employers in virtually eliminating SSA mismatch letters, improving the accuracy of wage and tax reporting, protecting jobs for authorized workers, and in maintaining a legal workforce. For more information about E-Verify, please visit http://www.esrcheck.com/formi9.php.

Sources:

http://www.abc15.com/content/news/phoenixmetro/central/story/Arizona-Senate-passes-controversial-immigration/VNapFEWhCUKmnwrI1RAh3Q.cspx

http://www.azleg.gov/legtext/49leg/2r/summary/s.1070pshs.doc.htm

http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf

By Les Rosen, Employment Screening Resources

Lester Rosen, President of Employment Screening Resources (ESR), a leading international employment screening background check firm headquartered in the San Francisco area, will present a national webinar for a leading business information site on employment screening on Thursday, April 22, 2010 at 2:00 PM EST / 11:00 AM PST.

The webinar – How Social Media and Traditional Background Checks Trigger Privacy Lawsuits – is being presented by Business 21 Publishing, which provides multi-media corporate learning and employee training products. Participants in this 60-minute webinar will learn best practices to help screen employees thoroughly without violating the law.

In the webinar, Rosen – a nationally recognized expert on employment screening background checks – will address such topics as:

• The pros and cons of using social media internet sites such as Facebook, MySpace, and Twitter and how privacy and discrimination laws apply.
• What employers should do when they discover that a job candidate has a criminal record, a bad credit report or some other red flag.
• The Title VII implications of background checks and credit reports.
• The legal requirements under the Fair Credit Reporting Act (FCRA) and how state to state privacy laws also apply.
• The legal risks associated with “one button” automated background check systems.
• What applicants need to sign before and after the background check is complete.
• How employers should deal with independent contractors or temporary workers.
• Considerations when conducting International background checks.

“Hiring safe, qualified, and honest employees is mission critical for any business, and I am pleased to have the opportunity to help employers avoid the risks of a bad hire,” commented Rosen. “Recruiters and hiring managers also need to understand the potential liabilities that employers can face if employment screening is done incorrectly or unfairly as well.”

Mr. Rosen, who is also an attorney, is a writer and speaker on the Fair Credit Reporting Act (FCRA), pre-employment screening, and safe hiring issues. In addition, he is the author of the first comprehensive book on employment screening – “The Safe Hiring Manual: The Complete Guide to Keeping Criminals, Imposters, and Terrorists Out of Your Workplace” – and also wrote an additional guide on the subject called “The Safe Hiring Audit.”

Mr. Rosen’s speaking appearances have included numerous national and statewide conferences. He has testified in the California, Florida, and Arkansas Superior Court as an expert witness on issues surrounding safe hiring and due diligence. Mr. Rosen was also the chairperson of the steering committee that founded the National Association of Professional Background Screeners (NAPBS), the professional trade organization for the screening industry, and served as the first co-chairman in 2004.

For more information about the webinar How Social Media and Traditional Background Checks Trigger Privacy Lawsuits, please visit: http://www.b21pubs.com/p-892-how-social-media-and-traditional-background-checks-trigger-privacy-lawsuits.aspx. More information about Employment Screening Resources (ESR) can be found at www.ESRcheck.com.

Source: http://www.b21pubs.com/p-892-how-social-media-and-traditional-background-checks-trigger-privacy-lawsuits.aspx