Background Screening: Background Screening Tips

The Basic Truths About Background Screening, Part 6 Copyright © 2015 TRAK-1 Technology, Inc. All Rights

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The Basic Truths About Background Screening:

Background Screening Tips

Trak-1 is an Accredited Member of NAPBS


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Your Host: Rick Coltman

Director of Strategic Marketing and Alliances,

TRAK-1 Technology, Inc.

• Please Post Any Questions or Comments You Have in the Comments

Section.

• Want Further Information or Have Additional Questions? Contact Trak-1 at

[email protected]

• Hopefully You Find this Webinar Informative! Please Join Us for Each

Webinar at http://trak-1.com/webinar

Your Presenter: Nancy Roberts,

Esq.

Owner/COO

mailto:[email protected]

http://trak-1.com/webinar


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Have A Comprehensive

Background Screening Policy

• Written Policy

• Followed Process

• Consistent Performance

• Documented Practice

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Incorporate Screening Criteria Into Your

Screening Policy and Job Descriptions

• Consider Job Function Requirements

• Consider Nature Of Position, Department, Company

• Establish Consistent Risk Standard

• Identify Basis For Criteria (EEOC Recommendation)

• Leave Room For Appropriate Individualized Assessment

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Train Your Staff On The FCRAEnd-user Summary Of The FCRA

• Promote Fairness, Accuracy And Privacy Protections;

• Require Consumer's Written Authorization For A Consumer Report;

• Advise Consumers Of Their Rights;

• Allow Consumers To Know If Information Has Been Used Against Them;

• Give Consumers The Opportunity To Object To Inaccurate Or Incomplete

Information And Provide Opportunity To Make Corrections;

• Impose Obligations On CRAs And Data Furnishers To Ensure Maximum

Possible Accuracy

• Insure That Errors Are Corrected Within A Reasonable Amount Of Time

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Know Applicable State Laws

• Additional Requirements Beyond FCRA

• Limits On How Far Back Your Searches May Go

• Limits on What a CRA Can Report To You

• Limits On the Type of Information You Can Consider

• Specific Forms of Notice, Disclosure, Authorization

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Review Your Disclosure and

Authorization Form

• Clear and Conspicuous Written Disclosure

• Consists Solely of the Disclosure

• Authorization to Obtain the Information

• Compliant with FCRA and State Law

Requirements

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Context: Take Caution In Evaluating Arrest-

Only Records In Employment/Volunteer

• EEOC Presumes Disparate Impact

• Presumption is Overcome and Exclusion is Justified Where • It Appears the Individual Engaged in The

Conduct For Which They Were Arrested

• The Conduct is Job-related

• The Conduct is “Relatively Recent”

• Very Subjective Which Leaves Room For Liability – Management Review May Be Appropriate

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Example One:Wilma, a Black female, applies to Bus Inc. in Highway City for a position as a bus driver.

In response to a pre-employment inquiry, Wilma states that she was arrested two years

earlier for driving while intoxicated. Bus Inc. rejects Wilma, despite her acquittal after

trial. Bus Inc. does not accept her denial of the conduct alleged and concludes that

Wilma was acquitted only because the breathalyzer test which was administered to her

at the time of her arrest was not administered in accordance with proper police

procedures and was therefore inadmissible at trial.

Witnesses at Wilma’s trial testified that after being stopped for reckless driving, Wilma

staggered from the car and had alcohol on her breath. Wilma’s rejection is justified

because the conduct underlying the arrest, driving while intoxicated, is clearly related to

the safe performance of the duties of a bus driver; it occurred fairly recently; and there

was no indication of subsequent rehabilitation.

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Example Two:Lola, a Black female, applies to Bus Inc. for a position as a bus driver. In response to an inquiry whether

she had ever been arrested, Lola states that she was arrested five years earlier for fraud in

unemployment benefits. Lola admits that she committed the crime alleged. She explains that she

received unemployment benefits shortly after her husband died and her expenses increased.

During this period, she worked part-time for minimum wage because her unemployment check amounted

to slightly less than the monthly rent for her meager apartment. She did not report the income to the State

Unemployment Board for fear that her payments would be reduced and that she would not be able to

feed her three young children.

After her arrest, she agreed to, and did, repay the state. Bus Inc. rejected Lola. Lola’s rejection violated

Title VII. The commission of fraud in the unemployment system does not constitute a business

justification for the rejection of an applicant for the position of bus driver. The type of crime which Lola

committed is totally unrelated to her ability to safely, efficiently and/or courteously drive a bus.

Furthermore, the arrest is not recent.

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Establish Practice of Documenting

Individualized Assessment of Criminal Records

• Presumes Disparate Impact Unless Business Necessity Established

• Business Necessity Established by the Following Factors: • The Nature and Gravity of the Offense or

Offenses;

• The Time That Has Passed Since The Conviction and/or Completion of the Sentence

• The Nature of the Job Held or Sought.

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Establish Practice of Documenting

Individualized Assessment of Criminal RecordsRequires an Individual Assessment (New as of April 25, 2012) That Includes

Consideration of:

• The Facts or Circumstances Surrounding the Offense or Conduct

• The Number of Offenses For Which the Individual Was Convicted

• Older Age at the Time Of Conviction, or Release From Prison

• Evidence That the Individual Performed the Same Type of Work, Post-conviction With

The Same or a Different Employer, With No Known Incidents of Criminal Conduct

• The Length and Consistency of Employment History Before and After The Offense or

Conduct

• Rehabilitation Efforts, E.G., Education/Training

• Employment or Character References and any Other Information Regarding Fitness For

The Particular Position

• Whether the Individual Is Bonded Under a Federal, State, or Local Bonding Program

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Request In-depth Criminal Searches – Do Not

Shortcut It Just To Save Money

People Move and Lie (By Omission or Commission) To

Cover Up a Bad Past

Cannot Rely on Statements From Your Applicants Regarding

Their Address History

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Full Criminal Search Includes:

• SSN-based Address History

• Alias Name Search Based On SSN

• Targeted Criminal Searches Based On

Previous Addresses Using Every Alias Name

• Broader Multi-state Search Using Every Alias

Name

• Federal Criminal Record Search Using Every

Alias Name

• Federal Watch List Search Using Every Alias

Name


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Be Sure the Criminal Records Reported to

You are Verified Before Being Reported

• Significantly Improves Accuracy Of Reporting

• Greatly Reduces Your False Positives

• Will Not Impact Your False Negatives

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Include a Civil Record Search – State and

Federal

• Reveal Additional Information

• State And Federal Civil Records

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• Examples: Replevins Action,

Misappropriation, Conversion,

Temporary Restraining Orders,

Etc.


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Take Away Points1. Have A Comprehensive Background Screening Policy

2. Incorporate Screening Criteria Into Your Screening Policy And Job Descriptions

3. Train Your Staff On The FCRA

4. Know Applicable State Laws

5. Review Your Disclosure And Authorization Form

6. Take Caution In Evaluating Arrest-only Records In Employment/Volunteer

7. Establish Practice Of Documenting Individualized Assessment Of Criminal Records

8. Request In-depth Criminal Searches – Do Not Shortcut It Just To Save Money

9. Be Sure The Criminal Records Reported To You Are Verified Before Being Reported

10. Include A Civil Record Search – State And Federal


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Coming Up Next…

10 Power Screening Tips That Your

Competitors Don’t Want You To Know

1.800.600.8999 www.trak-1.com

Contact Nancy Roberts directly or talk with Trak-1’s FCRA certified screening professionals and begin – Ruling In The Right People!

Recruiting & HR

Background Screening: Background Screening Tips