Blog, Resources
In a move toward promoting fair employment practices and second chances for individuals with criminal records, the California Civil Rights Council (CCRC) has recently made amendments to the regulations in California’s 2018 Fair Chance Act. These revised regulations, which went into effect on October 1, 2023, aim to provide greater clarity and guidance to employers and job seekers alike. The Fair Chance Act, also known as “Ban the Box,” has been a pivotal piece of legislation in California’s ongoing efforts to reduce discrimination against those with criminal histories in the hiring process.
Background
The 2018 Fair Chance Act, signed into law by then-Governor Jerry Brown, is a piece of legislation designed to provide individuals with prior criminal convictions a fair shot at employment. The Act restricts employers from inquiring about an applicant’s criminal history until after a conditional offer of employment has been extended. This means that employers are prohibited from including questions about criminal records on job applications or during initial interviews. The Act aims to ensure that individuals with criminal records are not immediately disqualified from job opportunities, giving them a chance to prove their qualifications and suitability for the position.
The Amendments
The recent amendments made by the California Civil Rights Council seek to further strengthen the Fair Chance Act and provide additional clarity to both employers and job seekers. Some of the key changes include:
- Timing of Background Checks: The revised regulations specify the appropriate timing for conducting background checks. Employers are now required to wait until after a conditional offer has been made before conducting any background checks. This helps ensure that an applicant’s criminal history is not used as an initial screening tool.
- Individualized Assessment: The amendments emphasize the importance of conducting an individualized assessment when considering an applicant’s criminal history. Employers are encouraged to consider factors such as the nature and gravity of the offense, the time that has passed since the conviction, and the applicant’s rehabilitation efforts.
- Notice Requirements: Employers must now provide clear and specific notices to applicants if they intend to take adverse action based on their criminal history. These notices should include information about the conviction(s) that are the basis for the decision and a reasonable opportunity for the applicant to respond.
- Training Requirements: The revised regulations also highlight the importance of training for employers to ensure compliance with the Fair Chance Act. Employers are encouraged to provide training to their staff involved in the hiring process to ensure that they understand and adhere to the law.
Impact and Implications
By providing clearer guidelines for employers and emphasizing individualized assessments, these changes are expected to reduce discrimination and open up more employment opportunities for those who deserve a second chance. It’s important to note that employers should familiarize themselves with these updated regulations and ensure that their hiring practices align with the Fair Chance Act. Failure to do so may result in legal consequences.
Further information on these changes can be found on the Ogletree website and other sources across the web.
Contact us today to see how SELECTiON.COM® can improve your background check process.
This page gives a general overview of legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your legal counsel for all applicant approval matters.
This page is provided for information purposes only, and the contents hereof are subject to change without notice. This page is not warranted to be error-free nor subject to any other warranties or conditions, whether expressed orally or implied in law, including implied warranties and conditions of merchantability or fitness for a particular purpose.
Blog, Resources
Workplace violence is a serious problem that can have devastating consequences for both employees and employers. In 2019, there were over 2 million cases of workplace violence in the United States, resulting in over 2 million lost workdays and $17 billion in lost productivity.
According to the Occupational Safety and Health Administration (OSHA), workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening behavior that occurs in the workplace. Workplace violence can lead to serious injuries, fatalities, and long-lasting psychological trauma.
In this article, we’ll explore some of the workplace violence statistics and how it can be prevented with background checks. While there is no surefire way to prevent workplace violence, there are steps that employers can take to reduce the risk. One of the most effective tools is background checks.
Workplace Violence Statistics
According to the National Safety Council (NSC), more than 18,000 workers in the United States experienced nonfatal workplace violence injuries in 2019. Additionally, the Bureau of Labor Statistics (BLS) reports that in 2020, there were 774 workplace homicides, accounting for 9% of all fatal workplace injuries. The BLS also notes that healthcare and social assistance workers are at the greatest risk of workplace violence, accounting for nearly 73% of all nonfatal workplace violence incidents.
How Background Checks Can Help Prevent Workplace Violence
Background checks are a vital tool in preventing workplace violence. By conducting thorough background checks on potential employees, employers can identify any red flags or warning signs of violent behavior. Here are some ways in which background checks can help prevent workplace violence:
Background checks can help employers identify potential risks by screening for criminal history, driving records, and other relevant information. This information can be used to make informed decisions about hiring and placement.
For example, an employer may choose not to hire an applicant with a history of violent crime or drug abuse. Or, an employer may choose to place an employee in a different position if they have a history of driving under the influence.
- Criminal History Checks: Employers can conduct criminal history checks on potential employees to identify any past incidents of violent behavior. This can include convictions for assault, battery, or domestic violence.
- Employment Verification: Employers can verify a potential employee’s previous employment history to ensure that they have not been dismissed for violent or threatening behavior.
- Reference Checks: Employers can conduct reference checks on potential employees to obtain insights into their personality, work habits, and behavior. References can provide valuable information about an individual’s temperament and propensity for violence.
Here are some additional tips for using background checks to prevent workplace violence:
- Use a reputable background check company. Not all background check companies are created equal. Make sure to choose a company that is accredited by the Professional Background Screening Association (PBSA).
- Be aware of the laws in your state. There are some restrictions on what information can be used to determine an applicant’s eligibility for a job position in a background check. Be sure to check the laws in your state before you conduct a background check.
- Be prepared to take action. Once you have conducted a background check and identified a potential risk, be prepared to take action. This may mean not hiring an applicant or placing them in a different position.
By following these tips, you can use background checks to help prevent workplace violence and create a safer workplace for everyone.
Hiring practices are constantly evolving, but in the 30+ years SELECTiON.COM® has been in business, background check usage by companies has been and continues to be on the rise. Background checks are still the most effective way of taking reasonable precautions to create a safe work environment for your employees and minimize costly turnovers. In addition, new reporting methods continue to make background checks more effective and reliable year after year.
Contact us today to see how SELECTiON.COM® can improve your background check process.
This article gives a general overview of legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your legal counsel for all applicant approval matters.
This article is provided for information purposes only, and the contents hereof are subject to change without notice. This article is not warranted to be error-free nor subject to any other warranties or conditions, whether expressed orally or implied in law, including implied warranties and conditions of merchantability or fitness for a particular purpose.
Blog, Resources
The COVID-19 pandemic may have changed the way we recruit, but the inherent risks of hiring are the same regardless of whether you’re hiring remotely or in-house.
Issues such as applicants lying on their resume, omitting criminal history, or leaving an employer on less than ideal terms are still present. And in some cases, these problems are exacerbated by remote hiring and the state of the job market.
Even though you may not be able to interview in person, there are some simple steps you can take to keep the process personal and keep your workforce safe.
Resume Falsehoods
Due to changes in the job market caused by COVID-19, applicants may be tempted to exaggerate or outright lie on their resume, now more than ever.
According to a recent 2020 study by ResumeLab, a substantial majority (93%) of people know a person who lied on their resume. The most common lies on a resume are about job experience (27%), skills (18%), and job duties (17%).
With an overwhelming majority of talent acquisition teams (84%) adapting their processes to work remotely, it’s essential to take the right steps to ensure the best possible hiring outcome.
Solution- Employment and Education Verifications & Character References
Employment and education verifications are the first step to finding out if your applicant has been truthful on their application. Do they have the skills required for the job? Did they put in all the time they said they did with their previous employer? Do they have the requisite degree qualifications?
In addition, character references are an excellent tool to get a more in-depth look at your applicant. This is especially helpful in remote hiring situations. Being able to get a full picture of your applicant’s ability to work with others and overall work ethic from a former supervisor is vital.
Employment Eligibility
Under normal circumstances, the Department of Homeland Security (DHS) requires that the I-9 form be filled out in person. Employers must physically examine one document from List A or a combination of one document from List B and one document from List C. Unfortunately, hiring remotely makes this part of the process difficult.
Solution- Remote I-9s & E-Verify
If you qualify for the relaxed restrictions on I-9 forms to enable remote hiring, this may be a great option.
According to the U.S. Immigration and Customs Enforcement (ICE) website, this policy only applies to employers and workplaces that are operating remotely. If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification.
However, if newly hired employees or existing employees are subject to COVID-19 quarantine or lockdown protocols, DHS will evaluate this on a case-by-case basis. Additionally, employers may designate an authorized representative to act on their behalf to complete Section 2. The employer is liable for any violations in connection with the form or the verification process.
For additional information on remote I-9’s and more, download our Remote Hiring Handbook.
E-Verify The E-Verify system is a great way to instantly verify whether your employee is authorized to work in the United States. While you may have some tentative non-confirmation results that need to be handled by the employee at their local social security office, most verifications will come back verified instantly.
Missing Criminal History
Due to Ban The Box, criminal history questions have been relegated until later in the hiring process, but that shouldn’t stop you from eventually getting that full picture of your applicant’s past. As long as you obtain a release, run criminal background checks consistently, apply the job requirements fairly, and follow proper applicant notification guidelines, criminal history can be legally obtained. For more information on Ban The Box, read our full article.
Solution- County Criminal Reports & National Database Searches
A thorough criminal history report will help keep your workplace safe for employees and customers. We always recommend starting at the county level, because this is the most accurate and up-to-date source for receiving criminal history. Our most popular report package will run a social security trace report. The system can then automatically run criminal county research in any counties your applicants may have lived. From there, we also recommend running a nationwide database search to find any potential hits across the U.S., in areas that your applicant may not have lived.
In these uncertain times, it pays to have a trusted partner who can provide the data you need and the customer support to answer all of your questions. Our unparalleled support, combined with our nationwide researcher network, makes SELECTiON.COM® a valuable background check partner.
Our five-star customer support team is not only industry experienced, but tenured in their time with our company. Our staff is available to you via phone, email, and chat, Monday through Friday, from 8 am to 8 pm.
SELECTiON.COM® offers employment and education verifications, character reference reports, criminal history reports and our Search America® database is the largest in the industry with other 1 billion records.
Contact us today to develop a fast and accurate background check program to get you through this unpredictable time.
NOTE: This article gives a general overview of the legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your own legal counsel for all applicant approval matters.
Blog, Resources
Businesses are required to let an applicant know why they were rejected. Thanks to the Fair Credit Reporting Act (FCRA), there are laws put into place to make sure applicants are informed of their rights. Failure to implement this step of the background check process now can mean costly litigation in the future.
The Importance of Being FCRA Compliant and Sending Adverse Action Letters
If a company decides not to hire an applicant due to their background check, regardless of the reason, the company is obligated to notify the applicant. FCRA guidelines mandate that the company must send the applicant a Pre-Decision Letter notifying them of the potential for adverse action based upon information uncovered during the pre-employment screening. Adverse action is a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee, according to the FCRA.
What is a Pre-Decision Letter?
A pre-adverse action letter is a notice to the applicant that the company might not hire them due to information uncovered during their background check. This initial mailing must also include a copy of their background check and a Consumer Rights Letter. Keep in mind that this letter is not the final decision notice.
According to the FCRA, if a criminal background report contains information which “in whole or in part” may cause you to take any adverse action, including rejecting that candidate for employment, denying a promotion, or terminating a current employee, then you must provide a copy of the report to the applicant and the CFPB’s summary of rights prior to making your decision final.
It’s suggested that you wait 4-5 business days after you mail a copy of the report and the summary of rights, before contacting the applicant with your final decision. By sending a Pre-Decision letter, this allows time for the applicant to address or dispute any incorrect information before the company makes their final decision.
What is an Adverse Action Letter?
It is a final notice that informs the applicant the company decided to either not to hire them, cancel their offer of employment, or terminate their employment.
Failure to follow the above proper procedure could lead to litigation.
SELECTiON.COM® stays up-to-date on all FCRA regulations and provides the tools to keep you compliant with the click of a button via our proprietary web portal, Fastrax®. We offer pre-populated Pre-Decision and Adverse Action Letters free of charge on your custom dashboard, or by checking a box, our clients can choose to have our in-house staff do the mailings for them.
If you don’t know what the Summary of Rights or Adverse Action forms are, not to worry, we have you covered! These forms are conveniently available on the Fastrax® website.
Contact us today to see how SELECTiON.COM® can improve your background check process.
Blog
Finding the right renters for your house or apartment can be difficult. A bad tenant can cause months of headaches, among other issues. For that reason, many landlords have turned to background checks as a first step to screening potential renters.
What background checks do landlords typically run?
- Consumer credit report
- Eviction report
- SSN trace and address history
- Employment verification
- Criminal history report
Landlords who decide to implement a background screening process for potential tenants, or engage the services of a third party to do it for them, will immediately discover an assortment of challenging and involved statutes, laws, and regulations. The Fair Credit Reporting Act (FCRA) is an essential part of any background check program, and it’s crucial for you to understand how it applies to your situation.
What is the FCRA?
The FCRA is a federal law that governs the collection, assembly, and use of consumer information. It provides the framework for the credit reporting system in the United States, including consumer credit information. FCRA regulates the practices of Consumer Reporting Agencies that collect and compile consumer information into reports for use by credit grantors, insurance companies, employers, landlords, and other entities who make eligibility decisions affecting consumers.
The FCRA regulates landlords in the following manner:
- FCRA sets rules for what information landlords can gather and rules for how gathered information can be used, i.e., the extent to which property owners can use background check results in making tenancy decisions.
- Many states also restrict what criminal background and credit information landlords may obtain and/or use.
- Landlords who utilize CRAs to procure criminal background reports must take specific “pre-procurement” steps.
10 FCRA Best Practices
- Provide notice to the subject that a criminal background check may be obtained for tenancy purposes.
- Obtain authorization from the subject of the criminal background report.
- Make this notice a stand-alone document.
- If a criminal background report contains negative information which “in whole or in part” may cause you to take any adverse action, including rejecting that candidate for tenancy, you must provide the applicant a pre-decision letter, a copy of the background check report, and the FCRA Summary of Rights.
- Give the applicant sufficient time to obtain /dispute/ clarify the background check report before making a final decision.
- After the appropriate waiting period (4-5 business days) has passed, if you decide to take adverse action, provide notice of such adverse action to the subject of the background check. Although notice may be provided orally, the more prudent route is to use written or electronic notification.
- Move away from broad, across-the-board criminal background exclusions.
- Refine general exclusion standards to apply to the actual positions sought.
- Use individualized assessments when considering applicants with criminal records.
- Consider state law restrictions on obtaining and using criminal background information.
SELECTiON.COM® provides the comprehensive and customizable screening solutions needed to navigate the legal aspects of background screening. We stay up-to-date with all EEOC and FCRA regulations and provide you with all of the forms you need on our proprietary system, Fastrax®. Our system allows property owners to stay compliant and provides clients with the ability to follow the background check process from start to finish. In addition, our Applicant Entry system will obtain accurate information straight from the applicant, as well as an electronic release form.
Contact us today to see how SELECTiON.COM® can take your tenant background check process to the next level.
NOTE: The contents of this article are not legal advice for your particular situation. You should neither act nor rely upon anything stated in this article without first consulting your own legal counsel.
