Written By Employment Screening Resources® (ESR)
A new and evolving practice called “Continuous Screening” where periodic background checks are conducted on employees and independent contractors will become more widely adopted but employers should consider certain factors before implementing the practice, according to the “ESR Top Ten Background Check Trends” for 2021 compiled by leading global background check firm Employment Screening Resources® (ESR).
Continuous screening – also called “Infinity Screening” or “Continuous Monitoring” – calls for criminal records checks to be run daily, weekly, monthly, semi-annually, or annually on employees and contractors. “The logic behind these periodic checks is that they potentially give a business the opportunity to identify criminal conduct that can occur after a person is hired,” said ESR founder and chief executive officer (CEO) Attorney Lester Rosen.
In an article he wrote titled “Continuous Screening: Look Before You Leap” that is available on LinkedIn Pulse, Rosen – the author of “The Safe Hiring Manual” and a noted expert on background checks and due diligence – explained that “while continuous searches can be considered as a risk-management tool, an employer needs to consider a number of factors before implementing this as part of their screening program.”
Rosen wrote that these factors included accuracy, confirming data at the primary source, consent, permissible purpose, changing screening providers, U.S. Equal Employment Opportunity Commission (EEOC) considerations, federal Fair Credit Reporting Act (FCRA) issues, and impact on the workforce. Even though continuous screening may have some apparent advantages, employers still need to determine if they outweigh the disadvantages.
“The bottom line: Businesses that want to take every reasonable step to exercise due diligence should certainly consider a comprehensive re-screening program. However, employers need to also understand the potential limitations and compliance obligations of continuous screening,” Rosen concluded in the article, which is available at www.linkedin.com/pulse/continuous-screening-look-before-you-leap-lester-rosen/.
Adoption of continuous screening programs is growing. In 2018, transportation network company (TNC) Uber began performing continuous screening on drivers in the United States in an effort to improve safety for its riders after a CNN investigation found more than 100 Uber drivers were accused of sexual assault. In 2019, fellow TNC Lyft announced the adoption of continuous screening for its drivers after similar accusations reported by CNN.
Employment Screening Resources® (ESR) – a leading global background check provider that was ranked the number one screening firm by HRO Today in 2020 – offers a white paper on “What to Do if an Employer Finds a Criminal Record” and legally compliant continuous screening that can be an important component of any company’s post-hire screening hiring program. To learn more about ESR, visit www.esrcheck.com.
Since 2008, Employment Screening Resources® (ESR) has annually selected the “ESR Top Ten Background Check Trends” that feature emerging and influential trends in the background screening industry. Each of the top background check trends for 2021 will be announced via the ESR News Blog and listed on the ESR background check trends web page at www.esrcheck.com/Tools-Resources/ESR-Top-Ten-Background-Check-Trends/.
NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.
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