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Should We Be Screening Our Existing Employees?
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Important Update
The Consumer Financial Protection Bureau (CFPB), enforcing agency of FCRA, has 3
new required forms that MUST be implemented by 01/01/2013.
www.safehiringsolutions.com (link on left) Webinar: 12/13/2012 2PM EST- new forms
and refresher on FCRA requirments
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Facilitators
Mike McCarty CEO SHS Metro Nashville PD Domestic Violence
Division Breaking the Cycle iRefCheck
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Why Are We Here?
We have employees who: Have never had a background
check Had a limited background
check Have not had a background
check in more than 5 years
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Background Screening is not…
A “one and done” process
Background screening must be an ongoing process
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Background Screening Reports…
Historical document when completed
Candidate could be arrested 1 minute after report is complete and it will not show
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Recent examples…. Penn State Syracuse Employee discovered after
client accidently hit re-screen button- felony arrest pending
Teachers aide sexual molestation case 19yrs ago
Teacher accused of rape- had a felony conviction while employed- school did not know
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Legal IssuesWorkplace Violence 572,000 nonfatal violent crimes
(rape, robbery, assault) in 2009 35% decline 2002-2009
Contributing Factors: Post 9/11 focus on safety &
security Security policies & procedures Comprehensive background
screening
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Due Diligence
The attention and care made by a prudent or reasonable person to
avoid harm to another person or their
property.
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Negligent Hiring…. If an employer hires someone
that they either knew or should have known was dangerous or unfit for a position and it was foreseeable that someone could have be harmed then they could be sued for negligent hiring.
It is the "should have known" that creates problems for employers
How many employees have never been screened?
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Negligent Retention Doctrine
If employer becomes aware or should have become aware of problems with an employee who demonstrated unfitness and employer takes no corrective action (investigating, reassignment or termination).
It is not enough to just screen new hires.
Due diligence must be exercised in an ongoing safe workplace program.
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Recent Case Study…Employer implements current
employee background screening program w/ 578 employees:
42.1% hit ratio (average is 10-12%)
250 felonies 489 misdemeanors 22 employees (including a
senior manager) terminated for falsifying application (indicated they did not have a criminal record when they were hired).
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How to implement an ongoing screening program….
Requires policy change or development:
Define business necessity Define frequency Define how it will be
implemented All employees; or % of employees monthly
starting with most senior
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Indiana School Districts…. Expanded Criminal History
Check Employee pays Once every 5 years
Numerous districts implemented
Why not?
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ATM Corp. of America vs. Unemployment Board of Review
Employer implemented new policy requiring ongoing background checks
Employee refused to authorize
After 3 attempts, employer terminated
Federal courts upheld termination as employer articulated a business necessity
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Technology to make the process easier…
ATS “paperless” processing
Screening alert
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Questions? Use chat box Sign up for blog: info.safehiringsolutions.com Email or call for assistance implementing an
ongoing screening program Don’t forget to sign up for CFPB new forms
webinar!!
Thank You for Participating