human resource background checks & fcra compliance 2014

Background Checks & Compliance

Jane McFadden

Background Checks

•Who?•What?•Where?•When?•Why?• How?

Definition- Research/Validation

What is a background

check?

FCRA- Fair Credit Reporting Act

Types of checks

What you can see

How long the information is revelant

Responsiblities with

deregatory information

Recent Compliance Lawsuits

Since February 2014Whole Foods

O’Riley Auto PartsExtended Stay America’s

…Don’t let your company make this list.

FCRA- Fair Credit Reporting Act

DisclosureAuthorization

Pre-Adverse Action

5 days for Dispute

Adverse Action

Background Checks

•Who?•What?•Where?•When?•Why?• How?

Who conducts the search?

• Employers• Landlords• Business Partners• Businesses extending a line of credit• Businesses hiring contractors to come work• Family for In Home care givers or nannys• Non-Profits/Churches checking volunteers

Why?– PRE EMPLOYMENT!

Limit Risk and Liability from negligent

hiring practices.

Hiring is expensive.

Help create safe work environment for

employees and customers.

Insight Is Better Than Hindsight!

What to Search?!

• Social Security Verification• Criminal Conviction History• Credit History• Moving Violation Report

(MVR)• Employment History• Education Verification• Professional License Check• Workers’ Compensation

• Violent Sex Offender Search• Federal Exclusions

(OIG/GSA/OFAC)• FACIS Levels 1, 2, 3• Federal District Court • Drug Testing• E-Verify & I-9 Verification• International EMP/EDU• FBI Check• References

Social Security VerificationSkip Trace- Initial check that will verify the name and the social security number.

They are who they say they are.

Criminal Conviction HistoryThe PERMANENT RECORD!In most cases it lists all non-expunged criminal offenses and may sometimes include traffic offenses. Depending on the state we can report charges, dismissals, adjudications, acquittals. The bluer the state the more restrictions on what is able to be reported.

Where?FCRA LAW- says that derogatory information must be confirmed by the originating source of the document.

County CourtsFederal Courts

What to Search?!

• Social Security Verification• Criminal Conviction History• Credit History• Moving Violation Report

(MVR)• Employment History• Education Verification• Professional License Check• Workers’ Compensation

• Violent Sex Offender Search• Federal Exclusions

(OIG/GSA/OFAC)• FACIS Levels 1, 2, 3• Federal District Court • Drug Testing• E-Verify & I-9 Verification• International EMP/EDU• FBI Check• References

Credit History

• Search of someone’s financial stability

• FCRA Restrictions

When

Pre-Employment? Before they start work for you!

CONSISTENCY IS KEY!

Make sure you’re doing the same checks at the same step in the process for every candidate applying for a specific job.

Moving Violation ReportStatewide search conducted by the Bureau of Motor Vehicles

Report all driving infractions

State Fees $2-$27.50; Ohio & Kentucky- $5

Professional Licenses

Worker’s Comp CasesChecks previous claims filed by candidates.

Employers must try to find another postion within the company.

Doesn’t need to be the same pay grade/position

Violent Sex Offender Search

• Local, State, and National research registry.

• Billy Joe Bob may get missed if you only search William Joseph Robert.

Terrorists Checks

• Federal Exclusions- OIG/GSA/OFAC– OIG Office of inspector General– GSA General Services Administration– OFAC Office of Foregin Assests Control

• FACIS 1, 2, 3 (Fraud Abuse Control Information Systems)

Federal District CourtLOCATION AND RESPONSIBLITY

Violations of Federal Law94 Federal Judicial DistrictsViolations on Federal Land

Prosecuted by US Attorney General

WHAT ARE YOU SEARCHING FOR?

• Urine• Hair• Instant• 5 panel

• 9 panel• 12 panel• Alcohol• DOT

What to Search?!

• Social Security Verification• Criminal Conviction History• Credit History• Moving Violation Report

(MVR)• Employment History• Education Verification• Professional License Check• Workers’ Compensation

• Violent Sex Offender Search• Federal Exclusions

(OIG/GSA/OFAC)• FACIS Levels 1, 2, 3• Federal District Court • Drug Testing• E-Verify & I-9 Verification• International EMP/EDU• FBI Check• References

E-Verify & I-9

Confirm eligiblity to work in the United States

Confirm Social Security NumberCompleted within 3 days of new hire

FBI Check

• Relies on statewide database• Ordered if Required by Law

REFERENCES

Gather as much information as they are willing to give.

How to Search

• 5 types of criminal checks- FBI, Federal, National, State-wide, and County Courts

• 4,300 County Courts in the US• 94 Federal Judicial Dirstricts

• Public Records

Turn Around Time

What are you paying for? Is Price your top Priority? Are you willing to give up quality and completeness for saving a few $$

Ban The Box

Make sure you give you applicant a fair chance at getting the job, and not automatically disqualifying them based on the fact that they have a record. If you believe in the American Court System we should believe that the time pays for the crime and admit them back into society and the workforce.

Background Checks

•Who?•What?•Where?•When?•Why?• How?

THANK YOU!!!

Jane McFaddenClient Services AdvocateHuman Resource ProFile

513-388-4300JaneM@HRProFile.com