Advanced Background Check

EEOC Policy Updates

jrniek — Tue, 01 May 2012 11:34:34 +0000

EEOC Updates Policy Regarding Employer Use of Background Checks to Bar Applicants with Criminal Arrest and Conviction Records

On April 25, 2012, the Equal Employment Opportunity Commission (“EEOC”) approved updated enforcement guidance which clarifies that criminal record information obtained from applicants during background checks cannot be used to screen potential or current employees under Title VII of the Civil Rights Act of 1964 (“Title VII”) unless the conviction is job-related. The new guidance consolidates and supersedes the EEOC’s 1987 and 1990 policy documents on the issue.

The EEOC approved its updated policy by a 4-1 vote, stating that although Title VII does not ban the use of criminal background checks, employers may violate Title VII if (1) their polices adversely impact a disproportionate number of individuals based on a protected characteristic and are not “job related and consistent with business necessity” or (2) if they intentionally discriminate among individuals with similar criminal histories.

Democratic EEOC Commissioner Stuart Ishimaru said the new guidance contains “nothing new” from a policy perspective, and simply expands the EEOC’s views regarding employers’ use of arrest and conviction records given technological changes in hiring and employment as well as employers’ increasing use of background checks. However, Republican EEOC Commissioner Constance Barker, who cast the sole dissenting vote, argued that the new guidance exceeds the EEOC’s authority because it places obligations on employers not required by Title VII.

The Importance of Reliable Background Screening

ABCheck — Tue, 17 Apr 2012 18:44:12 +0000

Often times, companies do not screen a potential candidate for hire, or obtain flawed information about a candidate. There have been many times in the histories of countless companies when employees have not been drug tested, and are later found to have drug problems. There have also been instances when security guards have not been checked for criminal records, which can cause many issues in a company’s future. Such negligence in the hiring process can result in employee conspiracy against their employer, harassment claims in the workplace, and many other forms of misconduct within the workplace. Skipping the background screening process thoroughly before hiring someone can lead to many of the issues stated above. There are also times when a company does screen a candidate, but tries to cut costs by using a less expensive screening service that is not accurate. Sometimes a background check will come back and say that the candidate has a felony, when in fact the person with the felony is actually not the original candidate. Employers must be careful when choosing a company to screen their candidates and must also make sure that they are receiving reliable and accurate information.

At Advanced Background Check, we use the most cutting-edge technology and resources to get you the results you need, fast. We also employ a number of researchers to personally go into the courts and double check felony and other hit information to guarantee reliable results. Call one of our representatives in the field that you would like more information on today, and see what Advanced Background Check can do for your company!

2012 Annual NAPBS Conference

ABCheck — Wed, 11 Apr 2012 19:23:54 +0000

We will be in attendance at the 2012 NAPBS Annual Conference in beautiful Nashville, Tennessee! We hope to see you soon!

Ten Tips for Selecting a Background Screening Partner

ABCheck — Tue, 03 Apr 2012 20:31:43 +0000

In the current economy, the job market is over-saturated with potential employees. This leaves employers with the task of sorting through applicants to find the best person for the job. One of the most important parts of the interview process is the background check; failure to do a proper background check can result in financial loss and even dangerous situations for companies, as seen from the tragedy at a Charlotte, NC store. The best way to avoid such an outcome is to partner with a company that specializes in background screening; however it can be difficult to find a company that works to your advantage. There are ten important things to consider for selecting a background screening partner that can avoid undesirable circumstances for any employer.

1. Experience

When choosing an employment screening firm, look for longevity with a solid service record that can be verified with client references. Also, check for professional memberships in organizations such as the National Association of Professional Background Screeners (NAPBS) and Public Record Retriever Network (PRRN).

2. Accurate, Reliable Research Methods

Gaining a complete understanding of how criminal records and other research will be conducted is critical when relying on a screening firm to perform the background checks you’ll use to make hiring decisions. Asking if they physically visit the courts or use databases for criminal background checks is especially important to understand. Relying solely on compiled criminal databases can result in missed records and a false sense of security that a thorough investigation has been conducted.

3. Legal Compliance

The company should be a complete understanding of the Fair Credit Reporting Act (FCRA) as well as other Federal, State and Local statutes that may apply to the process of conducting legal background checks in your area. They should also provide sample forms and educational materials to help you understand applicable laws and how to comply with them. While they shouldn’t technically offer legal counsel, they should be able to answer most of your questions and convey how their screening methods meet compliance requirements.

4. Secure Data Handling Procedures

Ensure that the screening company has procedures to govern the handling of sensitive data containing information such as Social Security Numbers, Dates of Birth, Consumer Reports and other confidential information pertaining to your applicants and employees. This should include how materials and data are handled within the company during the research process, as well as how they are securely archived and destroyed.

5. Services That Meet Your Needs

Your screening partner should understand the needs of your particular business and industry. Make certain that they offer all of the services you need to complete the required or recommended background checks for your organization. Ask for client references of other companies they’re serving in your industry.

6. Flexible Order & Delivery Options

Investigate whether the firm offers a way to place orders and receive results according to your preferred methods. If you want to conduct all your checks online, make sure the company offers a secure, web-based screening system with the features that important to you. If you prefer to fax or email your orders, make sure they allow this.

7. Responsive, Reliable Customer Service

Because critical questions can arise during the screening process, it’s advisable to gain a clear picture of the customer service provided by the firm. Do they offer personalized service, i.e., does someone answer the phone when you call? Are you assigned an account manager? When and how is support available? Do they proactively call you? Asking questions about representatives’ training, experience, and areas of expertise will also help ensure you’ll receive reliable answers when needed.

8. Contract Terms / Billing Options

As with many industries, contract terms vary widely from firm to firm. Reviewing contracts from all prospective screening companies will help determine whether terms or conditions exist that are not agreeable to your organization. Some companies may require longer-term contracts to get their best pricing, require set-up fees, have monthly minimums or require credit card payment. Fully investigate the terms of working with each organization before deciding g on the right firm. Ask about any additional charges, including court and MVR access fees.

9. Insurance Coverage

In the event that the screening company would be found liable for any part of the services they provide to you, you’ll want to be certain that they have adequate insurance coverage. Partnering with a firm that does not have insurance, or one that does not have adequate coverage, can put you and your firm in a precarious situation should a consumer have cause to file litigation and the screening company be found guilty of negligence in any form.

10. Competitive Pricing

While accuracy, service responsiveness, reliable customer service and more are key factors in determining the right partner firm, costs understandably play a significant role in selecting a screening company. Determine if the firm you are considering has used technology, strong supplier relationships and smart business practices to offer you the best possible price.

At Advanced Background Check, we work hard to provide exemplary service to our clients. Our premiere screening process fulfills all the qualifications listed above, and we continue to work to go above and beyond what is necessary for a thorough background check. Contact us today to get more information about our services and how you can partner with our firm.

Social Media Background Checks: What They Really Are

ABCheck — Thu, 15 Mar 2012 17:05:45 +0000

In the past decade and a half, social media has transformed from a futuristic form of communication to one of the basics of human interaction. Email is no longer the sole platform for individuals and even businesses to communicate through. Sites like Facebook, LinkedIn, and personal blogging sites such as Tumblr are allowing people to share their thoughts and themselves with others in new and increasingly public ways. However, the values we place on privacy have transformed with this change as well. Many users of the Internet expect to be able to put up whatever they want online, but also want the ability to keep that information private from select individuals. This is especially the case when a potential employer is involved. This past May, the Federal Trade Commission gave a company called Social Intelligence permission to begin running background checks on Internet and social media history. Quickly following the decision came the panic from some on the World Wide Web; fears of privacy-smashing laws and violations of the right to free speech and privacy began to circulate online. However, the majority of people simply want to know what exactly a Social Media Background Check would entail. The facts might surprise you!

When the news first started reporting on the decision by the FTC, the general fear of the public was that such background checks would focus on material such as pictures that showed someone’s intoxicated spring break escapades or the embarrassing pictures from a bachelor party that got a little out of control. The truth is that a social media check doesn’t pass on that kind of information. The mainframe of a social media background check screens for, among other things: aggressive or violent acts or assertions, unlawful activity, discriminatory activity (an example would be a racist comment made on a site), and sexually explicit activity. In fact, most checks do not pass on any identifiable photos at all.

Another interesting aspect of a social media background check is that it screens only with the information given by the employer. This means that companies that do social media checks can only search their databases using the email given to the employer, in most cases the email on a potential employee’s resume.

Preparing Yourself for a Social Media Background Check

There are a few smart, easy steps that you can do to create an online portfolio that will pass a vigorous background check:

Pictures

One of the first things you should do is go through any Facebook, Shutterfly, Flickr, or other media-sharing sites to self-screen your photos. While most photos are not passed on to potential employers, some things that can be flagged are photos that show anything that could potentially be deemed as ‘questionable’. According to an article by Vivian Luckiewicz, this can be “photos where you are dressed just a little too skimpily, as well as anything that makes reference to drugs, firearms (even if you own them legally), underage drinking, and even smoking. Any photos that portray you as immature, such as photos of you giving the middle finger or wearing T-shirts with inappropriate language, should also be removed.”

Posts

Another important aspect of online screening is searching comments, blog posts, even tweets, to search for potentially damaging material. Read through current websites and blogs through the eyes of an employer; censor any information that could seem racist, sexist, offensive, or even culturally insensitive. Posts of this kind could be detrimental to a job search.

If you spend some time polishing your online identity, it can only be positive in the long run. As social media becomes more and more mainstream, more and more employers will begin to use it as a basis for hiring.

Happy Fat Tuesday!

ABCheck — Tue, 21 Feb 2012 21:22:52 +0000

Happy Fat Tuesday to all! This is a reminder that all courts in Louisiana parishes are closed today and Wednesday in celebration of Mardi Gras, so expect some delays.

Background Checking Apps on Smartphones

ABCheck — Wed, 08 Feb 2012 20:16:00 +0000

The Federal Trade Commission (FTC) is concerned about six background checking apps that are available on smartphones. These apps include: Police Records app, Criminal Pages app, Background Checks, Criminal Records Search, Investigate and Locate Anyone, and People Search and Investigator apps. The FTC sent out letters to the makers of these apps to warn them of their concerns.

The FTC is concerned that these apps may violate the FCRA regulations about privacy of consumer report information and the accuracy of the reports being provided from these apps. Some of these apps include criminal reports, which are mainly used for employment and tenant screening, so if these companies are to use these apps they must meet with the terms of the FCRA. The FTC has told the makers of these apps to review their apps to make sure none of the regulations by the FCRA are being violated.

Lawsuits Against FCRA Violations

ABCheck — Tue, 07 Feb 2012 20:28:52 +0000

Recently, two former Domino’s Pizza employees filed a lawsuit against the company, claiming that Domino’s violated the Fair Credit Reporting Act by (1) running background checks on employees without proper authorization; and (2) “systematically” failing to provide employees with copies of their background checks prior to taking adverse employment action against them. The United States District Court denied the motion by Domino’s to dismiss the case, “ruling that the plaintiffs properly alleged that Domino’s violated the Fair Credit Reporting Act.” The two plaintiffs allege that that they were fired from Domino’s because of undisclosed information within their background checks that was never shared with them by the company. Furthermore, one of the plaintiffs, Justin D’Heilly from St. Paul, Minnesota, contacted the St. Paul Police Department to see what information might have led to his termination, and found his record clean apart from two speeding tickets.

The Law firm currently representing the plaintiffs, Nichols Caster, is also currently involved in a similar case against bank Capitol One. This specific case alleges that the bank’s authorization system is inconsistent and that Capitol One fails to provide copies of background checks when using them to take adverse action against an employee or potential employee.

How You Can Avoid FCRA Violations

Anytime that a company is using background checks to make an employment decision, whether it be hiring, retention, promotion, or firing, it is vital that an employer comply with FCRA policy. The FCRA is enforced by the Federal Trade Association, and applies to any company who uses third party consumer reporting agencies to perform their employment background checks. There are very specific guidelines provided by the FCRA outlining proper procedure before a background check is given, as well as before and after any adverse action is taken.

Find out more about the recently amended Fair Credit Reporting Act and its new requirements here.

We highly encourage all companies to review their background check and screening policies to ensure that they are compliant with the new FCRA regulations. Advanced Background Check provides a step-by-step guide to complying with the new regulations here.

NAPBS 2012 Annual Conference

ABCheck — Fri, 09 Dec 2011 22:05:31 +0000

The NAPBS annual conference has been scheduled for April 15-17 in Nashville, TN. More details regarding the conference can be found at www.napbs.com.