21 years background screening experience · data federal limitations convictions no federal limit*...
TRANSCRIPT
21 YEARS BACKGROUND SCREENING EXPERIENCE
COMPLIANCE, FCRA, BACKGROUND SCREENING
EXPERT
ADVANCED FCRA CERTIFICATION
CRIMINAL JUSTICE DEGREE
HRO TODAY MAGAZINE HR SUPERSTAR, 2018
HRO TODAY BAKER’S DOZEN LIST 2016, 2017, 2018
BACKGROUND SCREENING CREDENTIALING
COUNCIL, PAST CHAIR
RECIPIENT, ST. LOUISANS TOP PEOPLE TO KNOW TO
SUCCEED IN BUSINESS
BOARD OF FELLOWS, THE UNIVERSITY OF TAMPA
FOUNDING MEMBER OF NAPBS
MEMBER OF SHRM, CEO COUNCIL OF TAMPA BAY
REALLY COOL GUY
DEMYSTIFYING THE WORLD OF APPLICANT SCREENING IN THE HIRING PROCESS
www.mbiworldwide.com 866-275-4624
WE ARE IN A TIME OF GREAT TECHNOLOGY BUT IS THERE TOO MUCH INFORMATION?
INFORMATION OVERLOAD!
WHAT HAS CHANGED IN THE LAST FIVE YEARS?
→TECHNOLOGY IS ADVANCING TENFOLD EVERY 6 MONTHS, FASTER, MORE EFFICIENT AND MODERN WAYS TO
→COLLECT DATA
→DATA COMPANIES ARE SHARING MORE INFORMATION
→SOCIAL MEDIA IN THE PUBLIC DOMAIN (YOU WILLINGLY SHARE PERSONAL INFO) How will HR handle our kids
when they are ready for the workforce?
WHAT DATA CAN BE OBTAINED IN THREE SECONDS WITH ONLY NAME, AGE, CITY?
GOVERNMENT REGULATES WHAT INFORMATION CAN BE REPORTED TO EMPLOYERS
→BIAS – DO WE KNOW TOO MUCH ABOUT AN APPLICANT NOW? .YOU NEVER FORGET WHAT YOU SEE
RECENT EXAMPLE IS JUDGE KAVANAUGH
→HOW DO YOU CONTROL THIS INFORMATION?
→HOW DO YOU EVALUATE THIS INFORMATION?
AN EMPLOYMENT BACKGROUND SCREENING COMPANY MAY NOT BE WHAT YOU THINK!
A CONSUMER REPORTING AGENCY (CRA)
• AS DEFINED BY THE FEDERAL TRADE COMMISSION (FTC)
• NOT A P.I. FIRM
• SIMILAR TO A CREDIT BUREAU - i.e. TransUnion
• GOVERNED BY THE FAIR CREDIT REPORTING ACT (FCRA)
A PARTNER AND RESOURCE FOR COMPLIANT ON-BOARDING
• NEVER ACT AS LEGAL COUNSEL
• CAN ASSIST YOUR LEGAL COUNCIL IN NAVIGATING THE LEGAL
COMPLEXITIES OF APPLICANT SCREENING
• FAST, EFFICIENT AND COST-EFFECTIVE SCREENING SOLUTIONS
WHAT IS AN EMPLOYMENT BACKGROUND CHECK?
Public RecordsCriminal RecordsCivil RecordsSex Offender RegistriesNational & Global Watchlists
Private RecordsMotor Vehicle ReportsVerifications (Employment, Education, References)Credit ReportsDrug ScreeningOccupational Health Screening
*A background check is not invasion of privacy and is not a FBI profile
EEOC RE-SHAPED THE LANDSCAPE OF EMPLOYMENT BACKGROUND SCREENING
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
• On April 25, 2012 the EEOC issued its Background Check Enforcement Guidance
→ http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm
• Unlawful discrimination may occur if an employer’s neutral policy has the effect of disproportionately
screening out individuals based on race or national origin
• Bright line rules are discriminatory, “We don’t hire felons.”
• EEOC reinforces Ban-the-Box
• Individualized Assessment
→Employers should use a committee board to assess consumer reports with derogatory information
STATE & FEDERAL LAWS RESTRICT THE INFORMATION A CRA CAN REPORT
DATA FEDERAL LIMITATIONS
Convictions No Federal Limit*
Non-Convictions 7 year (Federal Limit)*
Bankruptcies 10 Years
Other “Negative” Information 7 Years
*Note: 9 States have established greater limitations than Federal Law
State Time Limit Convictions Only Exemption?
California 7 Years Yes None
Kansas 7 Years No $20,000
Kentucky None Yes None
Maryland 7 Years No $20,000
Massachusetts 7 Years No $20,000
New Mexico None Yes None
New York 7 Years Yes $25,000
New Hampshire 7 Years No $20,000
Washington 7 Years No $20,000
CONTINUED: STATE & FEDERAL LAWS RESTRICT
INFORMATION A CRA CAN REPORT
STATE LIMITATION ON CRIMINAL RECORDS
SOME STATES (& CITIES) HAVE STATE-SPECIFIC, REQUIRED APPLICANT NOTICES THAT EMPLOYERSMUST PROVIDE DURING THE BACKGROUND SCREENING PROCESS.
STATE NOTICE
CALIFORNIA NOTICE REGARDING BACKGROUND CHECKS
VERMONT NOTICE REGARDING CREDIT CHECKS
WASHINGTON STATE FCRA DISCLOSURE
SAN FRANSISCO (JURISDICTIONAL) FAIR CHANCE NOTICE
NEW YORK FAIR CHANCE FORM
LOS ANGELES NOTICE TO APPLICANTS AND EMPLOYEES FOR PRIVATE EMPLOYERS
ILLINOIS – BAN THE BOX –CREDIT REPORT LIMITATIONNEWARK, NEW JERSEY
SOCIAL MEDIA SEARCHES
• FTC APPROVED 3RD PARTY VENDOR
SEARCHES
• ALL SOCIAL MEDIA PROFILE SEARCHES
MUST BE CONDUCTED THROUGH A CRA
• EMPLOYER MUST SET UP STANDARD KEY
WORDS / PHRASES AND DEROGATORY
PHOTO SEARCH STANDARDS TO BE
REVIEWED
• NO SEX, RACE, RELIGION OR OTHER
DISCRIMINATORY INFORMATION CAN BE
REVEALED TO EMPLOYER
IT IS PROHIBITED BY THE EEOC FOR HR PROFESSIONALS TO
SEARCH AN APPLICANT’S SOCIAL MEDIA PROFILES
DOCS AND FORMS
PRIOR TO REQUESTING AN EMPLOYEE BACKGROUND CHECK,
THE EMPLOYER MUST OBTAIN SIGNED CONSENT FROM THE
CANDIDATE:
→ACKNOWLEDGEMENT AND AUTHORIZATION FOR BACKGROUND CHECK
SEPARATE AND DISTINCT DOCUMENTS / NO ERRONEOUS WORDING
→ SUMMARY OF RIGHTS
*DIFFERENT STATES HAVE DIFFERENT FORMS
→ APPLICANT RELEASE FORM
→ DISCLOSURE REGARDING BACKGROUND INVESTIGATION
→ DISCLOSURE FOR INVESTIGATIVE CONSUMER REPORT
ADVERSE ACTION NOTICES ARE REQUIRED BY LAW – EEOC, CFPB, FCRA
1. Pre-Adverse Action Notice→ Send letter, copy of consumer report and copy of Summary of Rights
→ Applicant has 5 business days to respond to Pre-Adverse Action Notice
2. Post-Adverse Action Notice→ Notice can be sent if no response
3. Dispute → If disputed, this will suspend the Adverse Action
→ Employer MUST hold job open until re-investigated by CRA
DRUG ABUSE AT WORK: DRUG SCREENING
• SEVEN OUT OF 10 COMPANIES REPORTED ISSUES RANGING
FROM ABSENTEEISM TO OVERDOSE R NSC.ORG
• THREE QUARTERS OF THOSE STRUGGLING WITH ADDICTION TO
ALCOHOL, PAIN MEDICATION, MARIJUANA AND OTHER
SUBSTANCES ARE EMPLOYED R NSC.ORG
• IN 2017 IN ILLINOIS THERE WERE 51.1 OPIOID PRESCRIPTIONS
PER 100 PERSONS R amfAR.ORG
• IN 2017, THE LENGTH OF PAIN TREATMENT RECOVERY IN
SOUTHERN ILLINOIS WAS CONSISTENTLY 3 WEEKS LONGER
THAN THE REST OF ILLINOIS. R ILLINOIS PRESCRIPTION MONITORING PROGRAM
• ACCORDING TO THE IL DEPT OF HEALTH, PRESCRIPTION
OPIOID OVERDOSE DEATHS, QUADRUPLED IN 2016.
OPIOIDS are a class of drugs that include the illegal drug heroin, synthetic opioids such as fentanyl,
and pain relievers available legally by prescription, such as oxycodone (OxyContin®), hydrocodone
(Vicodin®), codeine, morphine, and many others.
• PICK YOUR PANEL→ DRUG SCREENING PANELS: 5, 7, 9, 10 OR
15
• KNOW WHAT PANELS TEST FOR OPIODS→ IF YOU WANT TO COVER OPIODS:
9, 10 OR 15 PANEL
• HOW LONG SHOULD AN EMPLOYER
ALLOW A CANDIDATE AND/OR EMPLOYEE
TO PROVIDE A SPECIMEN?→ NEVER MORE THAN 72 HOURS
DRUG SCREENING FOR OPIODS
PROS AND CONS WITH INCREASED TECHNOLOGY
INCREASED TECHNOLOGY-REDUCING WORKLOAD FOR HUMAN RESOURCE PROFESSTIONALS
-QUICK TURNAROUND TIME WITH REAL-TIME DATA ACQUISITION FROM ONLINE COURTS
-ATS INTEGRATIONS
-APPLICANT SELF-SERVICE PORTALS, SIMPLIFYING DATA ENTRY & THE DISPUTE PROCESS
PROBLEMS WITH TECHNOLOGY-PRICING ISSUES, OVERCHARGES
-AKA FILTERS AREN’T PROPERLY MANAGED
-EXCESSIVE COURT FEES DUE TO NO “HUMAN TOUCH RESEARCHERS”
TECHNOLOGY: EMPLOYMENT/LICENSE/EDUCATION VERIFICATIONS
.RESEARCH
• 70% of college students surveyed said they would lie on a resume (SHRM)
• 26.5% stated that they would (OR HAVE) lied on a resume already (AOL)
• Over 46% of resumes contain falsifications (Robert Hall)
.BOGUS DEGREES
• Bust in Pakistan running 370 education websites
• Columbiana, Barkley, Mount Lincoln , etc. degrees
• Over 3,300 unrecognized universities nationwide
• More than 50,000 PhD’s are “purchased” every year
.REASONS FOR DELAYS
• Summer Vacation, Holiday Breaks, Spring Break, Winter Storms
• Mercy of the Registrar and/or HR Team
• Records are held at another location
ABOUT MBI WORLDWIDE
Over 20+ years experience
-Premier Inc. GPO Preferred Partner since 2011
-iCims Preferred Partnership
-No-cost integrations with Applicant Tracking Systems
Focused on Regulatory/Safety Sensitive – SOC2
Voted Top Screening Company in the Nation for the Past 3
Consecutive Years by HRO Today
-#1 for Customer Service
One of only 9% of Accredited firms in the USA with NAPBS
7am to 7pm CST and 24 hour assistance
Compliance/Education webinars and training
Contact Brian Chapman: email [email protected] or 727) 592-8262