New technology helps companies to go
beyond pre-employment checks and allows for the monitoring of current employees
for concerning behavior. Continuous monitoring is a real game-changer for
employment screening and adds immeasurable value to any employer. While some
industries are mandated to do periodic screening, there are more companies than
ever embracing some form of continuous background check.
Continuing compliance with the Fair
Credit Reporting Act (FCRA), the Equal Employment Opportunity Commission (EEOC)
guidance and applicable state laws is essential. Employers will need to
familiarize themselves with these regulations before starting a continuous
monitoring program.
Continuous monitoring programs can
help to make workplaces and communities safer. Listed below are five questions
an employer should keep in mind when implementing an ongoing monitoring program
with a third-party background check company.
Will your hiring and employment policies need to be amended?
The simple answer, yes. Ask yourself what type of report that will be run and add this to your policy. What procedures will you follow after receiving the results of the report? Consult with legal counsel to remain within jurisdictional regulations.
When should you seek authorization and consent?
The FRCA mandates that employers must obtain the job applicant’s consent before running a background check. State laws dictate the language that is required on a background check authorization form. If the applicant signs the Release and Authorization form during the hiring process, this document works for background checks at any time. However, it is essential that every time the employer wants to run a background check for their employees, that they make sure the release form still complies with the current FCRA regulations. If the release form is no longer compliant, a new form will need to be obtained for continuous monitoring.
How do I make sure the information reported is accurate?
A third-party background screening company runs a quality check to verify the information. At SELECTiON.COM®, precise searches are returned almost immediately, and all searches returning with records are reviewed manually by our experienced research team to reduce false-positive results and to ensure accuracy. In those cases, the average turnaround time is two to three hours, during regular business hours – Monday thru Friday, 8 AM to 5 PM.
How often should I re-screen current employees?
Quarterly Watch® by SELECTiON.COM® combines our Search America® national criminal database with background check automation. Employers can re-check their employees to verify that no illegal activity has occurred since hiring. Most of our clients choose to re-screen every three months, while others prefer annual and semi-annual checks.
What action can be taken from the record?
Employers
should follow procedure after receiving the background check report. According to the EEOC, an
employer cannot act or base employment decisions solely on arrest or incarceration
records. However, new criminal activity may lead to an investigation to
understand the details and other circumstances surrounding the event. After the
independent investigation, it is up to the employer to make a disciplinary
decision regarding the specific employee.
When an employer finds a criminal record
on a background check run pre or post-hire that causes the applicant to be
rejected or terminated, they must follow the FCRA mandated adverse action
policy. This process gives applicants and employees the opportunity to review
and dispute the information in the report. Your legal team should determine how
this policy applies to continuous monitoring and what the procedure should be for
the employers regarding suspension, discipline, or termination of an employee.
The Quarterly Watch® product by
SELECTiON.COM® has proven to be a great asset to many companies. Out of over
one million Quarterly Watch® searches ran by SELECTiON.COM® in the past
year, 949 employees/volunteers had criminal hits. The Quarterly Watch®
report
catches criminal activity before it becomes an issue for your company.
Contact
us today to add Quarterly Watch® to
your company’s background screening process.
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.   Â
As the summer is wrapping up, parents are getting their kids
ready for the new school year. While parents are buying pencils, notebooks, and
backpacks, school administrators are training and preparing their staff
members.
New teachers are hired and must go through an employee
onboarding process. Before starting a teaching position, teachers must go
through a pre-employment background screening to be able to work in a school.
Learning institutions are working hard to fill positions and understand the
need to ensure that those working with their children lack criminal convictions
related to children or abuse.
Teacher Screening Requirements
When it comes to teacher background screenings, schools are
first obligated to comply with regulatory laws, which vary from state to state.
Since some state’s laws may be lacking in certain areas, additional background
checks should be implemented beyond the official state requirements. This may
be one of the most critical decisions that schools can make to protect their
students and staff members.
Typically, the background screening program used by schools
includes a mix of state and federal criminal checks, child abuse checks, employment,
and education histories. For instance, in Ohio, all candidates seeking an Ohio
educator license, certificate, or permit must complete a fingerprint check
through both the Ohio Bureau of Criminal Investigation and FBI criminal
background databases. Ohio also requires credentialed educators to complete an
FBI background check every five years.
Unfortunately, not all states are as thorough. Some only
require public schools to run background checks on their new teachers and do
not have procedures in place to check a teacher’s criminal file after the
initial background screening. As a result, teachers may enter their career
without any record, then may commit unnoticed crimes while working for the
school.
Add to that the issues that are inherent in the fingerprint
databases searches and you have a recipe for disaster. Criminal records and sex offender registries are
not reported across state lines. State background check reports, including
fingerprint-based state reports, can sometimes have missing information. This
happens because the crimes are tried at the county level. Counties are not
required to report all records to the state, depending on the type of offense.
They also have their own schedule on when those records are sent on to the
state database, creating infrequent gaps in data. Human error also plays a part
with missed uploaded records. With fingerprint background checks specifically,
some records, such as misdemeanor drug offenses, public intoxication, and
disorderly conduct, can be missed simply because the crime is a ticket offense
in that area and doesn’t require being fingerprinted.
Go Beyond The Requirements
At SELECTiON.COM®, we have a multi-tiered approach to
background screening that encompasses more areas. We believe that the best
approach to teacher screenings is to go above and beyond what is required by law.
We recommend that clients supplement their fingerprint or
state-based screening program with county criminal checks and a check through
our Search America® national criminal database.
We also offer our Quarterly Watch® service, which will run a
check through the Search America database at intervals chosen by our clients.
For example, the checks can be run quarterly, yearly, or bi-annually. Quarterly
Watch® makes continuous criminal monitoring easy for all employers.
In addition to checks that are in place specifically for the
student’s safety, it is a good idea to verify a teacher’s education. Teachers
should have the proper qualifications and credentials to teach their students.
You’d be surprised at how many people lie on that portion of their application.
In 2018, fifteen percent of education verifications submitted to SELECTiON.COM®
showed that the applicant had lied about their education.
Our recommended background screenings for teachers:
At SELECTiON.COM®, we have worked with some of the nation’s top
learning institutions. Contact us today to create a customized screening solution for your school,
and we will help you hire the right person and keep your students safe.
E-Verify is a system that compares data from your Form I-9 and Employment Eligibility Verification to U.S. Department of Homeland Security and Social Security Administration records to validate that employees are approved for work in the United States.Â
E-Verify is mandatory for federal contractors with contracts containing the Federal Acquisition Regulation E-Verify clause, and some states require the use of E-Verify for employers. Many employers participate voluntarily in E-Verify as a supplement to Form I-9.Â
Today, E-Verify has over 75,000 registered employers of all sizes with about 1,400 new participating companies every week. Â
Which states require E-Verify?Â
Twenty states mandate the use of E-Verify for at least some public and/or private employers: Â
AlabamaÂ
ArizonaÂ
ColoradoÂ
FloridaÂ
Georgia
IdahoÂ
IndianaÂ
LouisianaÂ
MichiganÂ
MississippiÂ
MissouriÂ
NebraskaÂ
North CarolinaÂ
OklahomaÂ
Pennsylvania
South CarolinaÂ
TennesseeÂ
UtahÂ
Virginia Â
West Virginia
When should E-Verify be used?
E-Verify is only used after an offer of employment has been accepted by the individual applicant. Â
E-Verify should not be used to pre-screen individuals for employment. E-Verify is not a criminal background check. It is a Human Resources onboarding function used to verify legal eligibility to work.Â
Once the account has been set up, the E-Verify program must be used on ALL new employees, (Federal Contractors have different regulations).Â
It cannot be used later than the third business day after the individual has started to work. The employer has three days after the date of hire to verify legal eligibility to work. Â
For employers to stop using the E-Verify program, they must provide 30 days written notice to the government, per the signed Memorandum of Understanding. Â
 SELECTiON.COM®’s software integration with the federal government’s Employment Verification Program (E-Verify) allows employers to quickly and accurately verify new employees’ legal right to work.Â
With SELECTiON.COM®, you can manage your work authorization program through Fastrax Select® from start to finish. Our secure services help you to ensure that your workforce is legally authorized to work. Our program improves the efficiency of your Form I-9 employment verification process and the accuracy of your payroll and tax reporting. It also substantially decreases human error in completing Form I-9s. Â
In turn, it also cost-effectively reduces your exposure to government audits, financial penalties, and negative publicity resulting from non-compliance.Â
Contact us  today to see how SELECTiON.COM® can take your employee onboarding process to the next level.Â
HR Tech Outlook recently announced its “Top 10 Pre-Employment Screening Consulting/Services Companies – 2019.” We are excited to announce that SELECTiON.COM® is a part of the list.
HR Tech Outlook magazine provides a knowledge network for a complete guide on innovative technologies for top talent acquisition, HR management, and payroll.
SELECTiON.COM® is described as “offering pre-employment screening software and the largest network of in-house researchers with the fastest turnaround on background checks and drug screening.
The list was created to help business leaders make smart decisions about background screening companies, as there are thousands of options to choose from in today’s market.
A distinguished panel comprised of CEOs, CIOs, CHROs, and analysts, along with the HR Tech Outlook’s editorial board decided which companies made the list. They assessed several background screening companies and shortlisted the ones that were distinctively prominent in the field. The top ten companies showcase broad business knowledge and exhibit expertise in delivering innovative services that meet the needs of their customers.
SELECTiON.COM® is honored to be a part of the top ten pre-employment screening companies. It’s always been our priority to offer unsurpassed customer service to business professionals. We’re excited to be recognized by this esteemed HR publication.
Contact us today to see how SELECTiON.COM® can take your employment background screening process to the next level.   
