Tag Archives: employment screening

Court Decision Clarifies that a Bankruptcy can be Used as Part of Pre-Employment Background Check for Private Employers

A new decision by the United States Court of Appeals for the Third Circuit has clarified the issue of whether a private employer can legally consider a job applicant’s bankruptcy under U.S bankruptcy law in making an employment decision. The Court ruled that when it comes to private employers, Congress intentionally only protected current employees from discrimination under bankruptcy law, and that job applicants were not protected. However, employers should still approach the use of bankruptcy records with great caution. Continue reading

Continual Employment Screening Background Checks on Current Employees Carries Risks

By Lester Rosen, Employment Screening Resources (ESR) President

In a recent blog on ‘Background Checks: Trends and Legal Issues’ on HR Toolbox by background check expert and Attorney at Law Lester Rosen, the verdict on whether or not the advantages of periodic background checks of current employees outweigh the disadvantages is: “the jury is still out.”

“To avoid bad hiring decisions, employers have increasingly turned to pre-employment background screening as a risk management tool,” writes Rosen, founder and President of Employment Screening Resources (ESR), a national background screening firm, and author of ‘The Safe Hiring Manual – The Complete Guide to Keeping Criminals, Terrorists, and Imposters Out of Your Workplace,’ the first comprehensive book on employee background checks. “No background screening program can be conducted, however, without a full understanding of a number of laws, including the Fair Credit Reporting Act (FCRA), discrimination and privacy law, the ADA (Americans with Disabilities Act), and a host of state specific rules. In addition, for employers to be able to defend themselves from allegations of negligent hiring, they must demonstrate due diligence in their hiring process.”

A new issue Rosen tackles is whether employers should conduct periodic criminal background checks of their current workforce since – although a background check may show a clean record when an employee is hired – an employee may commit a crime while employed. These ongoing searches are a way to demonstrate due diligence and to protect the workplace. Although some may argue that an employer would likely be aware of a crime committed by a current worker because that employee would miss work, many serious offenses may end up with the employee being bailed out and serving a sentence with work furlough, weekend jail, volunteer hours, or some other alternative to actual incarceration.

Even though periodic criminal background checks of current employees may have some apparent advantages, Rosen feels that “the jury is still out” on whether it is a cost-effective tool or even if the advantages outweigh the disadvantages. He offers these points to consider:

  • There is no empirical evidence that shows that periodic background checks have resulted in any advantage to employers. There are no studies to suggest on a cost-benefit basis, such checks produce results.
  • If such periodic background checks are done, the next issue is how. If databases are used, then there is the possibility of both false positives and false negative since databases available to private employers are not always complete or up to date.
  • If there is a periodic background check, it should be done ideally on the courthouse level in addition to any databases, which increases the cost.
  • There is also the consent issue with periodic background checks. Under the federal Fair Credit Reporting Act (FCRA), periodic checks must be done with consent (unless there is a specific investigation for suspicion of misconduct or wrongdoing).
  • If an employee withdraws consent for periodic background checks, the question arises if the employee can be terminated for refusal to consent. It is clear that employers have much more discretion in requiring pre-employment background checks, based upon the fact that they do not have experience with the applicant.
  • The issue becomes more complicated if the employee refusing periodic background checks is a member of a protected class since that raises potential discrimination issues.
  • In addition, a firm needs a well laid out policy in an employee manual as to how they will deal to a new criminal record that may be uncovered during a periodic background check. At a minimum, any action must be based upon some business justification, taking into account the nature and gravity of the offense, the nature of the job and how long ago it occurred. In addition, the pre-adverse action notice requirements of the FCRA would come into play.
  • There are also the cultural considerations with periodic background checks. What type of message does it send the workplace if workers are constantly suspected of criminal activity? What type of workplace stress is created if an otherwise long time and loyal employees feel they are subject to dismissal at any time for a criminal offense that may or may not bear upon their suitably a an employee?

However, Rosen states that the case may well occur where an employer is sued for a failure to perform periodic background checks on current employees, if such a failure was the proximate cause of workplace violence or other harm that arguably could have been prevented.

“The bottom-line is that this is an issue that will be worked out in court decision in the coming years,” Rosen concludes. “In the meantime, employers contemplating such periodic checks should approach it with caution and seek the advice of their attorney.”

The mission of Rosen’s blog ‘Background Checks: Trends and Legal Issues’ is to assist HR professionals in keeping up with legal developments, trends, and best practices in the critical area employment screening background checks. To learn more about background checks, visit Employment Screening Resources (ESR) at http://www.ESRcheck.com.

Founded in 1996 in the San Francisco Bay area, Employment Screening Resources (ESR) is the company that wrote the book on background checks with ‘The Safe Hiring Manual’ by ESR founder and President Lester Rosen. Employment Screening Resources is accredited by The National Association of Professional Background Screeners (NAPBS®) Background Screening Credentialing Council (BSCC) for proving compliance with the Background Screening Agency Accreditation Program (BSAAP). ESR was also the third background screening company to be ‘Safe Harbor’ certified. For more information, visit http://www.ESRcheck.com or contact Jared Callahan, ESR Director of Client Relations and Business Development, at 415.898.0044 or jcallahan@ESRcheck.com.

Pre-Employment Background Screening at Missouri Hospital To Include Drug Test for Nicotine

By Thomas Ahearn, Employment Screening Resources (ESR) News Editor

A hospital in Cape Girardeau, Missouri will no longer hire smokers who fail a drug test for nicotine as part of a pre-employment background screening program beginning January 1, 2011, according to a story in the Southeast Missourian newspaper. The new tobacco-free hiring policy – which will not affect current employees – will drug test job applicants for nicotine as part of the hospital’s pre-employment background screening program.

On the “Current Openings” page of the Saint Francis Medical Center website at http://careers.sfmc.net/CurrentOpenings.htm, the following message appears under the heading ‘Nicotine-free hiring policy’ for prospective job candidates:

Because it is important for healthcare providers to promote a healthy environment and lifestyle, effective January 1, 2011, Saint Francis Medical Center has a nicotine-free hiring policy. Applicants will be tested for nicotine as part of a pre-employment screening.

I understand that my application will not be considered if I use tobacco products.

Although Missouri labor law mandates employers cannot refuse to hire and cannot fire an employee for alcohol or tobacco use after working hours off company property, church-related organizations and not-for-profit hospitals – like the Saint Francis Medical Center – are exempt from the code, the Southeast Missourian reported.
 
The hospital’s tobacco-free stance comes at a time when more private-sector employers in the U.S. are prohibiting smoking in their hiring policies. One reason is that employees who smoke can cost their companies $12,000 a year unnecessarily, according to statistics cited by anti-smoking and nonsmoker rights advocates in the story.
 
Nicotine drug tests used during background screening have been challenged in court, the Southeast Missourian reports, but a federal court in Massachusetts ruled public policy favored a smoke-free society over the right of individuals to smoke on their own time.

For more information on pre-employment background screening, visit the Employment Screening Resources (ESR) Services page or the ESR website at http://www.ESRcheck.com.

Founded in 1996 in the San Francisco Bay area, Employment Screening Resources (ESR) is the company that wrote the book on background checks with ‘The Safe Hiring Manual’ by ESR founder and President Lester Rosen. Employment Screening Resources is accredited by The National Association of Professional Background Screeners (NAPBS®) Background Screening Credentialing Council (BSCC) for proving compliance with the Background Screening Agency Accreditation Program (BSAAP). For more information about Employment Screening Resources, visit http://www.ESRcheck.com or contact Jared Callahan, ESR Director of Client Relations and Business Development, at 415.898.0044 or jcallahan@ESRcheck.com.

Sources:
http://www.semissourian.com/story/1682223.html
http://careers.sfmc.net/CurrentOpenings.htm

Employment Screening Resources (ESR) Achieves Background Screening Credentialing Council (BSCC) Accreditation

photo-napbsThe National Association of Professional Background Screeners (NAPBS®) Background Screening Credentialing Council (BSCC) has announced that Employment Screening Resources (ESR) has successfully proved compliance with the Background Screening Agency Accreditation Program (BSAAP) and is now formally recognized as BSCC Accredited.

“Employment Screening Resources is gratified that the National Association of Professional Background Screeners has announced that our company has achieved BSCC Accreditation,” said Lester Rosen, founder and President of Employment Screening Resources (ESR) and author of ‘The Safe Hiring Manual – The Complete Guide to Keeping Criminals, Terrorists, and Imposters Out of Your Workplace,’ the first comprehensive guide for employment screening. “Working to achieve the Background Screening Credentialing Council Accreditation was a total team effort by all Employment Screening Resources employees and the process itself was a thoroughly rewarding experience.”

Each year, U.S. employers, organizations, and governmental agencies request millions of consumer reports to assist with critical business decisions involving background screening. Background screening reports, which are categorized as consumer reports, are currently regulated at both the federal and state level. Since its inception, the National Association of Professional Background Screeners (NAPBS) has believed that there is a strong need for a singular cohesive industry standard and therefore created the Background Screening Agency Accreditation Program (BSAAP). Governed by a strict professional standard composed of requirements and measurements, the BSAAP is positioned to become a widely recognized seal of approval that brings national recognition to background screening organizations – which are also referred to as Consumer Reporting Agencies (CRAs). This recognition will stand as the industry “seal” representing a background screening organization’s commitment to excellence, accountability, high professional standards, and continued institutional improvement.

The NAPBS Background Screening Credentialing Council (BSCC) oversees the application process and is the governing accreditation body that will ensure the background screening organizations seeking accreditation meet or exceed a measurable standard of competence. To become accredited, a Consumer Reporting Agency (CRA) must pass a rigorous onsite audit, conducted by an independent auditing firm, of its policies and procedures as they relate to six critical areas of the Background Screening Agency Accreditation Program (BSAAP):

  • ‘Section 1: Consumer Protection’ includes standards for: Information Security Policy; Data Security; Intrusion, Detection and Response; Stored Data Security; Password Protocol; Electronic Access Control; Physical Security; Consumer Information Privacy Policy; Unauthorized Browsing; Record Destruction; Consumer Disputes; Sensitive Data Masking; and Database Criminal Records.
  • ‘Section 2: Legal Compliance’ includes standards for: Designated Compliance Person(s); State Consumer Reporting Laws; Driver Privacy Protection Act (DPPA); State Implemented DPPA Compliance; Integrity; Prescribed Notices; and Certification from Client.
  • ‘Section 3: Client Education’ includes standards for: Client Legal Responsibilities; Client Required Documents; Truth in Advertising; Adverse Action; Legal Counsel; Understanding Consumer Reports; and Information Protection.
  • ‘Section 4: Product Standards’ includes standards for: Public Record Researcher Agreement; Vetting Requirement; Public Record Researcher Certification; Errors and Omissions Coverage; Information Security; Auditing Procedures; Identification Confirmation; and Jurisdictional Knowledge.
  • ‘Section 5: Service Standards’ includes standards for: Verification Accuracy; Current Employment; Diploma Mills; Procedural Disclosures; Verification Databases; Use of Stored Data; Documentation of Verification Attempts; Outsourced Verification Services; Conflicting Data; Professional Conduct; and Authorized Recipient.
  • ‘Section 6: General Business Practices’ includes standards for: Character; Insurance; Client Credentialing; Vendor Credentialing; Consumer Credentialing; Document Management; Employee Certification; Worker Training; Visitor Security; Employee Criminal History; Quality Assurance; and Certification.

Founded in 2003 as a non-profit trade association, the National Association of Professional Background Screeners (NAPBS) represents the interests of more than 700 member companies around the world that offer tenant, employment, and background screening. NAPBS provides relevant programs and training aimed at empowering members to better serve clients and maintain standards of excellence in the background screening industry, and presents a unified voice in the development of national, state and local regulations.

Any U.S.-based employment screening organization is eligible to apply for accreditation. A copy of the standard, the policies and procedures, and measurements is available on the NAPBS website at http://www.napbs.com/.

Founded in 1996 in the San Francisco Bay area, Employment Screening Resources (ESR) is the company that wrote the book on background checks with ‘The Safe Hiring Manual’ by ESR founder and President Lester Rosen. Employment Screening Resources is recognized by The National Association of Professional Background Screeners (NAPBS®) as Background Screening Credentialing Council (BSCC) Accredited for proving compliance with the Background Screening Agency Accreditation Program (BSAAP). For more information about Employment Screening Resources, visit http://www.ESRcheck.com or contact Jared Callahan, ESR Director of Client Relations and Business Development, at 415.898.0044 or jcallahan@ESRcheck.com.

EEOC Public Meeting Explores Use of Credit Histories of Job Applicants for Employment Background Screening

By Thomas Ahearn, ESR News Blog

According to a press release from the U.S. Equal Employment Opportunity Commission (EEOC), the EEOC held a public Commission meeting on Wednesday, October 20 to hear testimony from representatives of various groups, social scientists, and the Federal Trade Commission (FTC) on the growing use of credit histories of job applicants as selection criteria during employment background screening.

The EEOC Chair commented that the discussion provided important input into EEOC’s work to ensure that “the workplace is made free of all barriers to equal opportunity.” She also said that as a result of high unemployment forcing more people into the job market, an increasing number of job applicants are exposed to employment background screening tools such as credit checks that could unfairly exclude them from job opportunities. 

The Commission heard from a diverse set of experts, including one from the National Consumer Law Center (NCLC) who expressed concerns that the use of credit histories creates a “Catch-22” situation for job applicants during the current period of high unemployment and high foreclosures, both of which have negative impacts on credit. Others explained using credit histories for employment purposes can have a disparate impact on protected groups, including people of color, women, and the disabled. 

Representatives from the business community – including the U.S. Chamber of Commerce (USCC) and the Society for Human Resources Management (SHRM) – told the Commission that the use of credit histories is permissible by law, limited in scope, and predictive in certain situations of reliability. A recent survey from SHRM revealed that 13 percent of organizations conduct credit checks on all job candidates and another 47 percent consider credit history for selected jobs. Also, it is the experience of SHRM member companies that few organizations utilize credit histories for every job opening. 

However, an industrial psychologist said that there is little research exploring the implications of using credit checks in the employment context and – given the potential for discriminatory exclusion – he concluded that it would be wise to use an applicant’s credit history only within the context of a thorough background check.

The statements of all the panelists at the meeting, along with their biographies, can be found on the EEOC website at http://www.eeoc.gov/eeoc/meetings/10-20-10/index.cfm. A complete transcript of the testimony will be posted later.

For more information about employment background checks, visit Employment Screening Resources (ESR) at http://www.ESRcheck.com.

Sources:
http://www.eeoc.gov/eeoc/newsroom/release/10-20-10b.cfm
http://www.eeoc.gov/eeoc/meetings/10-20-10/index.cfm

New Research Finds Companies Using Employment Background Screening Experience 60 Percent Better Quality of Hire Compared to Companies without Screening

By Thomas Ahearn, ESR News Blog

A recently published new study on employment background screening has found that organizations using automated tools for background checking, employment and education verification, and reference checking experienced 60 percent better quality of hire compared to those without employment background screening solutions in place.

The new report from Aberdeen Group, a Harte-Hanks Company – “Employment Screening: Mitigating Risk, Driving Down Cost” (September 2010) – is based on over 400 survey respondents to Aberdeen’s 2010 Talent Acquisition Strategies study and looks at the components of employment background screening that are most widely used and how these components impact hiring performance.

The report found that employment background screening is fundamental to best-in-class performance. When asked what kinds of technology they currently used as part of their talent acquisition process, over three-quarters (78 percent) of survey respondents cited the use of employment background screening solutions. The report also found that companies using employment background screening were 43 percent more likely to achieve “Best-in-Class” companies, which Aberdeen Group defines as the top 20 percent of performers along the following categories:

  • First year retention of hires.
  • Percentage of new-hires that were the top-choice candidate.
  • Average year-over-year decrease in time-to-fill vacant positions.

Overall, the research revealed that among Best-in-Class companies the most utilized employment screening technology was employment background screening, with 83 percent using employment screening such as background checks and drug testing.

As for the most common aspects and elements of an employment background screening solution, the Aberdeen Group found that out of all of the survey respondents:

  • 88 percent performed domestic criminal background checks.
  • 87 percent performed previous employment/education verification.
  • 72 percent performed reference checking.
  • 60 percent performed drug screening.

The use of employment background screening has shown an impact on overall quality of hire, with an increase of 7 percent year-over-year for organizations using employment background screening as compared to a 5 percent average increase among those that did not use employment background screening.

The need for criminal background checks and employment and education verifications is key when it comes to risk inherent in hiring, the Aberdeen Group survey found, since even seemingly ideal candidates may have issues unearthed via background checks that make them undesirable for hiring and prospective employees may be included to stretch the truth about their educational backgrounds or previous employment in the current ultra-competitive job market.

The Aberdeen Group survey also shows these two employment background screening elements – criminal background checks and employment/education verifications – are even more important in the financial services, healthcare, and public sector environments:

  • Financial services: 93 percent performed criminal background checks and 97 percent performed employment/education verifications.
  • Healthcare: 94 percent performed criminal background checks and 94 percent performed employment/education verifications.
  • Public sector: 100 percent performed criminal background checks and 83 percent performed employment/education verifications.

Lastly, when it comes to selecting a partner for providing employment background screening, the Aberdeen Group survey found that the speed with which the process was completed (62 percent of respondents) and the accuracy of the results (54 percent of respondents) were far and away the top criteria.

For more information on employment background screening, visit Employment Screening Resources (ESR) at http://www.ESRcheck.com.

Sources:

http://www.aberdeen.com/link/sponsor.asp?spid=30410182&cid=6812&camp=2

http://www.marketwatch.com/story/new-research-links-employment-screening-to-recruiting-performance-2010-10-19?reflink=MW_news_stmp

Author and Safe Hiring Expert Lester Rosen to Present Two Sessions at PIHRA Pacific West HR Conference in Pasadena CA on September 22

President of Employment Screening Resources (ESR) Lester Rosen to review hot button issues HR Professionals face during hiring including international background checks, discrimination, privacy, and use of social networking sites for background checks.

By Thomas Ahearn, ESR News Blog

Safe Hiring Expert Lester Rosen, President of Employment Screening Resources (ESR), the San Francisco area firm that literally “wrote the book on background checks,” will present two sessions at the 53rd Annual Professionals In Human Resources Association (PIHRA) Pacific West HR Conference & Exhibition in Pasadena, CA on Wednesday, September 22, 2010. The first session, “Everything HR and Recruiting Professionals Need to Know about Background Checks,” is 11:10 AM to12:10 PM while the second session, “Pitfalls and Landmines in Using the Internet and Social Network Sites to Screen or Recruit,” is 2:00 PM to 3:00 PM. For more information, visit http://www.pacificwesthrconference.org/conference_sessions.cfm.

“To avoid the financial and legal nightmare of bad hiring decisions, employers have increasingly turned to pre-employment background screening,” explains Rosen, author of ‘The Safe Hiring Manual – The Complete Guide to Keeping Criminals, Imposters, and Terrorists Out of Your Workplace,’ the first comprehensive book on employment screening. “However, screening is subject to intense legal regulation.”

  • The first session, “Everything HR and Recruiting Professionals Need to Know about Background Checks,” (Wednesday, 9/22/10, 11:10 AM to12:10 PM) will review the hot button screening issues for 2010, including discrimination lawsuits, privacy, the use of social networking sites, legal compliance, best practices for employers and recruiters, and international background checks.
  • The second session, “Pitfalls and Landmines in Using the Internet and Social Network Sites to Screen or Recruit,” (Wednesday, 9/22/10, 2:00 PM to 3:00 PM) will reveal potential legal landmines and practical risks involved with using social networking sites for screening as well as strategies to stay out of court.

“Employers and recruiters have discovered a treasure trove of information on job applicants by searching the internet and social networking sites,” says Rosen. “However, the use of these sites can present legal risks, including privacy and discrimination issues.”

Both sessions have been pre-approved by the HR Certification Institute (HRCI) for one (1) general recertification credit hour toward PHR, SPHR, and GPHR recertification.  Speaker Rosen is an attorney at law and a consultant, writer, and frequent presenter nationwide on pre-employment screening and safe hiring issues. He was the chairperson of the steering committee that founded the National Association of Professional Background Screeners (NAPBS) and served as the first co-chairman.

The Pacific West HR Conference is from September 21 to 23, 2010 and held by PIHRA, the largest chapter of the Society for Human Resource Management (SHRM) in the country with more than 5,200 members representing more than 3,000 firms.

About Employment Screening Resources (ESR):

Founded in 1996 in the San Francisco area, Employment Screening Resources (ESR) is dedicated to promoting a safe workplace for both employers and employees and literally wrote the book on background checks with “The Safe Hiring Manual – The Complete Guide to Keeping Criminals, Imposters, and Terrorists Out of Your Workplace” by ESR founder and President Lester Rosen. In 2003, ESR was rated the top U.S. employment screening firm in the first independent study of the industry. More recently, ESR produced an intensive 30-hour online Safe Hiring Certification Training course and has expanded to provide extensive international screening and applicant generated reports. To learn more about Employment Screening Resources, visit http://www.ESRcheck.com or contact Jared Callahan at 415.898.0044 or jcallahan@esrcheck.com.

Employment Screening Expert Lester Rosen to Speak on Benefits of Employee Background Checks

By Thomas Ahearn, ESR News Blog

Speaker and Author Lester Rosen, Founder and President of Employment Screening Resources (ESR), the firm that literally wrote the book on background checks, will be featured on a show titled “Whom Do You Trust? The Benefits of Employee Background Screening” on Thursday, September 16, 2010 at 9AM Pacific Time, 12 Noon Eastern Time. The program is part of a weekly series called ‘PI’s Declassified!’ hosted by noted licensed Private Investigator (PI) Francie Koehler which gives a glimpse inside the little known world of private investigation every Thursday.

Listeners can tune in to ‘PI’s Declassified!’ on Voice America Variety and hear Rosen – an attorney and a licensed private investigator – offer “the ins and outs and ups and downs” of employment screening. Listeners may call the Live Show at 866.472.5787 or email questions to the host Koehler at Francie@PIsDeclassified.com. For more information, visit: http://pisdeclassified.com/2010/upcoming-shows/whom-do-you-trust-the-benefits-of-employee-background-screening.

“It doesn’t matter who you are, you want to be safe where you work,” says Rosen, author of ‘The Safe Hiring Manual – The Complete Guide to Keeping Criminals, Terrorists, and Imposters Out of Your Workplace,’ the first comprehensive guide to employment screening. “If you are an employer, you certainly want to ensure your employees work in a safe environment and that workers have the qualifications that they claim. If you are an employee, it is important to have an assurance that you are not working with those who could cause you or your co-workers harm.”

Rosen, a former deputy District Attorney and criminal defense attorney, is a recognized expert, consultant, writer, and presenter on pre-employment screening and safe hiring, and is a founding member of the National Association of Professional Background Screeners (NAPBS) where he served as co-chairman on its first board of directors. In 1996, he helped create Employment Screening Resources (ESR), a background screening firm dedicated to a safe workplace for both employers and employees. In 2003, ESR was rated the top-screening firm in the U.S. in the first independent screening industry study. 

For more information on Employment Screening Resources (ESR), visit http://www.ESRcheck.com.

Source:
http://pisdeclassified.com/2010/upcoming-shows/whom-do-you-trust-the-benefits-of-employee-background-screening

ESR Webinar Shows How to Avoid Legal Landmines If Using Social Media Like Facebook and LinkedIn for Employment Screening

Employment Screening Resources (ESR) President, Author, and Speaker Lester Rosen to Educate Employers, Recruiters, and HR Professionals on Proper Use of Social Networking Sites during Background Checks

By Thomas Ahearn, ESR News Blog Writer

Employment Screening Resources (ESR), a leading employment screening firm based in the San Francisco area, will present a webinar featuring ESR’s founder and president, Lester Rosen, to educate employers and recruiters on the proper use of popular social media such as Facebook and LinkedIn during background checks. The webinar – “Avoiding Legal Landmines when Using Facebook, LinkedIn, and Other Social Media Websites for Screening Candidates” – will be presented on Thursday, August 26, 2010 from 2:00pm to 3:30pm ET (11:00am to 12:30pm PT).

“Employers and recruiters have discovered a treasure trove of information on potential job applicants in social networking sites such as Facebook and LinkedIn,” says Rosen, a frequent speaker on employment screening issues and the author of “The Safe Hiring Manual – The Complete Guide to Keeping Criminals, Imposters and Terrorists out of the Workplace,” the first comprehensive guide on employment screening for employers. “However, the use of these social media sites can present legal risks, including privacy and discrimination issues. We show employers how to avoid these legal landmines.”

Participants in this webinar – presented with ThompsonInteractive.com and worth 1.5 HRCI credits – will learn through case studies and viewing internet sites what the privacy and discrimination concerns are when using social media information, the potential legal landmines involved, and what steps their organizations can take to minimize these risks. For information about the webinar, which targets HR Professionals, Hiring Managers, and Employment attorneys, visit http://www.esrcheck.com/ESR_Speaks/Background-Screening-Checks-and-Facebook-and-MySpaceLegal-Limitations-and-Issues-63/.

The questions that will be answered in this informative and educational webinar include:

  • Why do major employers, human resources, and recruiters use search engines and social network sites to screen candidates?
  • What are the risks in using these social network sites?
  • Isn’t everything on the web fair game since privacy is waived once someone places something on the Internet?
  • How do discrimination laws and rules concerning off-duty conduct apply?
  • What are the best practices for employers when using social network sites?

About Employment Screening Resources (ESR):

Employment Screening Resources (ESR) is the firm that literally wrote the book on background checks with “The Safe Hiring Manual” by ESR founder and President Lester Rosen. ESR provides professional employment screening services and drug testing nationally and internationally, acts as a safe hiring partner for clients, and specializes in industry leading technology, service, accuracy, and turnaround. For more information, visit http://www.ESRcheck.com or contact Jared Callahan at 415-898-0044 or jcallahan@ESRcheck.com.

Due Diligence Checklist Employers Can Use for Employment Screening Process

By Lester Rosen, ESR President

The following Due Diligence Checklist contains questions employers can use to find out if an employment screening company is utilizing due diligence in its employment screening process. A .PDF version of this Due Diligence Checklist that employers can download and print is located at http://www.esrcheck.com/file/Extras/ESRDueDiligenceCheckUp.pdf.

  • Have there been any material changes in the past year that would adversely affect your ability to provide industry standard employment screening reports?
  • Is all work performed in the USA to protect privacy and control quality (i.e., nothing sent offshore to India or other places)?
  • Are all employment and education checks conducted by professionals in a controlled, call center type environment, so that nothing is sent to at-home workers?
  • For employment verifications, are anti-fraud procedures in place, such as independent verifications of all past employer phone numbers instead of relying upon an applicant supplied number?
  • For education verifications, are steps taken to verify if a college or university is accredited and to watch out for Diploma Mills?
  • Are criminal searches conducted using the most accurate means, which normally means on-site (no database substitutes)?
  • Do you search for both felonies and misdemeanors when available?
  • When a criminal hit is reported, does a knowledgeable person in your firm review the findings to determine if there are any legal issues in reporting the findings (as opposed to having the information entered by a court researcher)?
  • When there is a criminal hit, do you contact the employer immediately to advise that there is a potential problem?
  • Does your firm take measures to ensure that ALL legal and relevant criminal records are searched, as opposed to just going back “seven” years?
  • If a client orders a “multi-jurisdictional” database, do you re-verify any criminal “hit” at the courthouse level for maximum accuracy, instead of relying on notifying the applicant of a potential hit?
  • Do you notify your clients of changes in the FCRA and other applicable laws?
  • Do you at least, on a yearly basis, do an internal FCRA compliance audit?
  • Do you offer international background checks?
  • Is your firm “Safe Harbor Certified” to perform screenings of applicants from the EU (European Union)?
  • Do you have data protection, privacy security and data breach policies?
  • Are you a member of the background screening trade association, the National Association of Professional Background Screeners (NAPBS), and does your firm actively participate and support professionalism in the screening industry?
  • What is your average turn-around time?
  • If there is a delay for reasons that are out of your control, are your clients notified online with in-depth notes and the anticipated ETA of information?
  • Are your clients provided with written documentation and resources on safe hiring, due diligence and legal compliance issues?
  • Are your clients provided with upgrades in technology that would enhance workflow, such as the ability to have applicants consent online or integration with an ATS or HRIS system?
  • Can you describe your initial training program for team members and ongoing training?

For more information on employment screening and due diligence, visit Employment Screening Resources (ESR) at http://www.esrcheck.com.