Blog
In order to do a complete and comprehensive background check for potential employees, most companies request Social Security Numbers (SSN.)
But what happens if an applicant refuses to disclose their SSN?
It’s important that your company have a policy in place regarding SSN Disclosure. Depending on whether your company is hiring employees or volunteers, your policy may differ.
For employees—there is no way around SSN Disclosure. Providing a Social Security Number is an important step in the background check process. It provides information that Name and Date of Birth simply would not. And according to the Federal Privacy Act of 1974, companies are allowed to require SSN disclosure for various reasons. There are no legal protections that allow applicants to refuse to provide their SSN.
For volunteers—it can depend on your company’s views. It is not 100% necessary to require your volunteers to disclose. However, like we stated above, Social Security Numbers give you access to information about potential volunteers that you may need. If you do not require volunteers to disclose you cannot, however, obtain certain types of reports, e.g. Social Security Number Trace Reports, some County Criminal Reports, etc. A lot of reports just simply cannot be run without SSNs.
For potential employees, it is not “illegal” to require them to disclose their SSN. And in order to protect your business and employees, it is necessary. For potential volunteers, it will depend on your company’s policy and which type of reports you want to run.
Background checks can be tricky and with so many laws and regulations it can be hard to keep track. The best response to an applicant not disclosing their SSN, is to follow your company’s policy and consult with a company lawyer. And since an applicant’s Social Security Number is not protected under current law, it can be required.
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.
Blog
Employers, and subsequently Human Resources personnel, are constantly seeking to recruit and hire the best applicants available. With a large applicant pool it can be difficult to differentiate one qualified applicant from another. Effective pre-employment assessments can certainly identify the skill set of each applicant to help narrow the field but there is more to be considered.
Every employer wants to build from a base of trust with each employee and verifying the information that an applicant provides is essential to a solid relationship. Beyond the trust factor is the duty of an employer to provide a safe environment for employees and ultimately the market that they serve.
Without a sufficient background check the employer runs the risk of being held negligent for any problems that the employee causes in the performance of their duties. Due diligence in the form of a pre-employment background check can identify a foreseeable risk that can mean the difference between a valuable resource or a liability for the employer.
Components of the Background Check
- Social Security Number Check and Validation: A Social Security Number is unique to each individual. The Social Security Number Check provides information about the names and addresses associated with a given Social Security Number. In addition to providing name and address information for comparison against what is provided on the application, a Social Security Number Check is used to derive addresses in order to conduct the personal history information search. Social Security Number Validation does not tie the Social Security Number to the applicant. It only provides an indication that the number may be accurate.
- Criminal Court Record History: There are two entirely separate court systems in the United States – federal courts and county courts – and a search of one system does not include a search of the other. Each system operates under its own set of rules and has its own courthouses, clerks’ offices, indexes, and judges. As such, criminal history records are contained as follows:
- Local/County Court: Also, known as a “court record search,” this search requires a direct examination of the digital records of a county courthouse to determine if the applicant has a record at that court. Most often a court record search requires physical access to obtain information or simply to obtain copies of dispositions for review.
- Statewide Criminal History Information: There are two varieties of statewide information. The first is a state repository managed by a division of state law enforcement. The second is actual court data from a statewide case management system. Even when available both types of sources have limitations and advantages. The advantages are a single point of access for an entire state with one search. If that state has many courts with statutory access fees, a single access fee may be less expensive than a search of indicated counties separately. A disadvantage, with respect to a case management system, is that not all counties may have become activated on the system at the same time and there may be inconsistencies in how the system is used from county to county. Many law enforcement repositories have been shown to lack current case updates or dispositions. Both types may suffer from delays in entering information, high access fees, or very long turnaround times for results. Additionally, it may not be clear what data is included and what is not.
The site may provide conviction records only or may provide non-conviction records as well. In response to increased use and heightened privacy concerns, many records will not be publicly available if mandated internal documentation is missing, and useful identifiers, such as a date of birth, a driver’s license number, and a Social Security number, are often redacted rendering the data useful only as an initial index search. The most accurate, current, and reliable criminal history information is found at the court of origin, not in any repository.
Nevertheless, statewide criminal history information may have a place in an employer’s background program. (Florida, for example, provides an employer a measure of protection against negligent hiring lawsuits if that employer specifically included a check of the state repository as one element of a background screen.) As with all aspects of pre-employment background screening, the decision to use statewide criminal history information should be considered in the context of an employer’s complete pre-employment background screening program and the advice of counsel.
- Federal Court (District, Nationwide): This is a search for a record of a federal offense in one or more of 94 U.S. federal district courts. Federal offenses include crimes committed on federal property (government office, national park, etc.) and violations of the US Federal Criminal Statutes. It is imperative the user obtain additional identifiers on the result prior to making any decision. Additional identifiers are found on a Judgment and Conviction page. If the federal offense did not result in a conviction, there will be no identifiers, and the result should not be used.
- Propriety databases: These databases are offered and run by specific Consumer Reporting Agencies and contain negative history information about subjects. Data may include State Sex Offender registries, corrections records and assorted criminal records. The sites may not have complete identifiers and caution should be taken to verify the match with the applicant. In addition, although these services are marketed as “National Criminal Files” they are not comprehensive in any state and should not be used as a standalone for criminal research.
Criminal History and identity verification should be considered as basic elements of your background check. The level of research should be determined by the risk associated with the given position. To avoid complications with equal employment opportunity, the same level of background check should be applied to all candidates for the same position.
Additionally, if the position requires handling cash, or goods that are easily convertible to cash, a Credit Report is advisable.
Similarly, if the position requires driving a company car, or the applicant’s own car on company business, a state Motor Vehicle Report is recommended.
There are still more options for creating a thorough pre-employment screening. Some of those include: A Prior Employment Verification, an Education / Degree Verification, a Professional License Certification, a Character Reference and a Drug Screening.
At SELECTiON.COM® we offer a la carte pricing on more than 25 different reports and bundled packages created by client specifically meeting the needs for the industry or the position being filled.
Contact us today to see how SELECTiON.COM® can take your employment 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.
Blog
By Julie F. Burke
November 21, 2016
Knowing the background of your applicant can be the greatest indicator of their ability to do their job. There are many different types of background checks that can be run on your applicants and you want to make sure your background screening program is customized to be industry and job specific. Flexible and tailored background screening solutions will help provide a safe and secure workplace.
State and Federal Regulations
Certain states mandate specific background checks due to regulations. Typically these industries have employees or volunteers who care for or have custody of youth or the elderly. This would include school employees, day care, nursing homes and other organizations.
EEOC Regulations and Disparate Impact
The EEOC specifies that the nature of the job is more than just job title; evaluation of specific duties, essential functions, and environment all need to be considered. Even a seemingly neutral background check policy can have an adverse / disparate impact on certain protected groups. Title VII Civil Rights Act of 1964 prohibits employers from using neutral tests or selection procedures that have the effect of disproportionately excluding persons based on race, color, religion, sex, or national origin, where the tests or selection procedures are not “job-related and consistent with business necessity.” This is called “disparate impact” discrimination.
Job Specific
Here are some key questions you should consider when developing your background check program.
- What is unique about your industry and the applicants you hire?
This is an important question so your background screening provider can create several different combined reports based on the positions within your company.
- Will the applicant be handling cash?
If so, you will want to include a Credit Report and Character Reference. This will help determine how they handle their own financing as well as others’ perceptions of your applicant.
- Will the applicant be working with children or elderly people?
As stated above, some states mandate fingerprinting applicants that work with these individuals. But, you also may want to add in a National Criminal Database or Sex Offender search, to cover all bases.
- Will the applicant be driving a company vehicle during work hours?
If your insurance does not cover this, it is appropriate and advisable to run a Motor Vehicle Report on your applicants. This way, you can protect your company by not having drivers with a suspended license and/or too many points off their license operating machinery or motor vehicles.
- Are past employment verifications/education verifications important for this position?
Organizations/Companies must uphold their credibility. For example, if you are hiring an applicant to teach at a University, you would want to make sure they have the appropriate degrees they specified in order to teach a class. Or, that a CPA actually worked for a certain accounting firm.
A quality background screening company should ask these types of questions in order to put together a background check that is industry specific. You don’t want to be stuck with just a “standard” background check that doesn’t cover all of the areas you really need.
SELECTiON.COM® provides the comprehensive and customizable screening solutions needed for your industry. Visit us today at https://selection.com/industry-specific-background-checks/ to see the industry solutions we already have in place.
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.
Blog
Creating a background screening program for a nonprofit organization can be rather difficult. Organizations are constantly walking on a tightrope, with budgeting on one side and a proper high due diligence background check on the other. However, developing a background check program that is a happy compromise between the two is not impossible.
One of the first things to consider is if your state has special policies or requirements for their statewide background screening program. Some states require the running of a statewide check, and many provide background screening services free for nonprofits. As an example, Michigan provides a service called iChat, which is a statewide criminal history report, free to nonprofits. These reports can provide a high level of due diligence while still maintaining your budget for other paid screenings.
Not All State Repositories Are Created Equal
Even a nonprofit that qualifies to receive a free statewide report should still consider running other background checks to help provide more detail. It’s important to note that criminal records and sex offender registries are not reported across state lines. State background check reports, including fingerprint based state reports, may be missing other criminal records as well.
This happens because the crimes are tried at the county level. Records can be missed because counties are not required to report all records, and that is especially true depending upon the type of offense.
Human error also plays a part. In the case of fingerprint background checks, 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.
A Proper Process Starts With A Residence History
The best way to prevent these criminal records from falling through the cracks is to not depend solely on fingerprint or state background checks. A county criminal history report based on residence history shows the highest level of due diligence possible. SELECTiON.COM® recommends utilizing a Social Security Number (SSN) Trace Report to identify counties where an applicant has previously lived.
The possible downside of this county level approach, is allocating too much of your budget on your background screening process. That is where the dilemma comes in. Do you run a high-level background screening report while your budget suffers, run a lower level report to save or few dollars, or worst of all no program at all?
The Answer Is Fairly Simple
No matter the size of the search process, every company needs to have a background screening program in place to mitigate your liability. However, always be certain to do your research before deciding on a specific report.
Many nonprofits decide to run a SSN Trace Report along with a National Criminal Database search as a supplement to their free statewide search, because it fits into their budget and they still get coverage in those outlying areas where criminal records on their applicants or volunteers may be hiding.
At SELECTiON.COM® our proprietary Search America® report is the largest National Criminal Database in the United States, with over 650 Million records from over 1,100 sources. It’s a multi-jurisdictional search of criminal record databases and Government Watch lists that includes correction records and Sex Offender registries from all 50 states. With this compiled database, we can help to keep your costs low and your coverage level high while providing a quality report.
Contact us today to see how SELECTiON.COM® can take your employment 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.
Blog
Employers who decide to implement a background screening process for job applicants, 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 important part of any background check program, and it’s crucial for you to understand how it applies to your company.
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.
FCRA Regulations
- FCRA applies to background checks performed by outside companies but not to background checks conducted in-house.
- In general, FCRA prohibits reporting of criminal arrests after a period of seven years, but criminal convictions (including DUIs) may be reported indefinitely.
- FCRA reporting restrictions only apply to jobs with a yearly salary of $75,000 or less.
- Most state FCRAs allow employers to refuse employment to anyone with a conviction record, and many states even allow employers to refuse applicants with an arrest record, mainly due to a lack of regulations in this area.
Does This Affect You?
The FCRA impacts Background Check companies and related Consumer Reporting Agencies (CRAs), Banks / Creditors, Credit Bureaus, and Employers.
The FCRA regulates employers in the following manner:
- FCRA sets rules for what information employers can gather and also sets rules for how gathered information can be used, i.e. the extent to which employers can use background check results in making hiring, promotion, termination and other decisions.
- Many states also restrict what criminal background and credit information employers may obtain and / or use in making employment decisions.
- Employers who utilize CRAs to procure criminal background reports must take certain “pre-procurement” steps.
10 Best Practices
- Provide notice to the subject that a criminal background check may be obtained for employment purposes.
- Make this notice a stand-alone document.
- Obtain authorization from the subject of the criminal background report.
- 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 employment / denying a promotion / terminating a current employee, you must provide a copy of the report to the applicant 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 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 Select®. Our system allows employers to stay compliant and provides clients with the ability to follow the background check process from start to finish. Our Applicant Entry system will obtain accurate information straight from the applicant, as well as an electronic release form. The one-click FCRA notification system makes the FCRA compliance a breeze.
Contact us today to see how SELECTiON.COM® can take your employment 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.
Blog
By Brian Huseman
October 28, 2016
It’s a fast-paced world, so it stands to reason that every element of our lives should be sped up to meet the demand, right? Well, when it comes to background checks, that couldn’t be more untrue. While speeding up the process can be effectively done, especially with the help of a reputable background check company, some corners just should not be cut. It’s important to realize that not all background checks are equal, and when it comes to creating a safe environment for your employees, there are some components that you should not go without.
An effective background screening program will do two things, bring in those long term employees that managers love and it will keep out the ones who cause trouble. Failure to properly screen applicants for criminal history can lead to litigation down the road for negligence.
The following reports are the four elements of a background check you should not go without.
Social Security Number Trace Report
The Social Security Trace Report (SSN Trace Report) can help determine if Social Security Numbers provided by potential employees are legitimate. This helps eliminate the fraudulent or improper use of Social Security Numbers.
Checking the residence history of applicants identifies misused addresses and potential problems, such as mail receiving services or prison drop addresses. The information shows if the Social Security Number is valid, the state of issue and the year issued. It identifies maiden and / or alias names.
County Criminal Background Check
County Criminal Background Checks are an essential part of any comprehensive background check solution. This reports criminal activity from individual, selected counties — anywhere in the U.S. This report includes felony and misdemeanor arrests and charges, giving you detail on the “disposition” of each record within the boundaries of the Fair Credit Reporting Act.
This report is also the “final word” on your background searches. Running a query on a national database can give you partial information on a background check, or where to look for more information, but with a criminal county background check, you get a complete picture of each record with no need to request additional reports.
Federal Court Report
Federal Criminal Background Check reports will show if an applicant has had any criminal cases filed against them that violated federal criminal law. It is a search of the federal district court’s records. Federal cases include crimes involving federal law, crimes that cross state boundaries, and crimes that are committed on federal property. Think: bank robbery, fraud, embezzlement, kidnapping, etc. These records are not available from state or county criminal research.
National Criminal Database
A National criminal database is a great supplement to any background check program. Combined with County and Federal searches, it provides a wide view of your applicant’s criminal history.
At SELECTiON.COM® we always recommend this combined approach. Our proprietary Search America® National Criminal Database is the largest of its kind. Search America® contains roughly 1,100 sources with over 650 million criminal records. Combine this national search with residence based county research, using the SSN Trace Report above, and a Federal Courts report and you get a clear and detailed view of your applicant’s criminal history.
This database also contains currently registered sex offenders with felony conviction records, compiled from sex offender registries available throughout the U.S. as well as a list of all foreign nationals (individuals and entities) that currently carry sanctions by the U.S. Government. With Search America®, we provide you with a powerful, high-speed, multi-jurisdictional search of various types of county, state and federal criminal records databases with immediate results.
Criminal history is the more obvious component employers think they should utilize, but, depending on your industry and even position you’re hiring for, other elements should be considered.
For example:
- Cash handling positions- Credit Report
- Driving a company vehicle- Motor Vehicle Report, Drug Screening
- Management- Prior Employment Verification, Education Verification
- Manufacturing- Workers’ Comp Report, Drug Screening
- Medial Field- Professional License Verification, Character Reference, Drug Screening.
SELECTiON.COM® combines effective research with fast results. Our Customer Support, Verification Specialists and IT Department are in-house and easy to reach.
SELECTiON.COM® has an in house IT department that can facilitate any need you may have. We have fully developed integrations with major HRIS’s serving businesses across the country. These integrations insure consistent research and save our clients hundreds of thousands of dollars by streamlining the process. Not only that, but we offer access to our own applicant tracking system, which saves a considerable amount of time for many of our clients, at no additional cost.
Contact SELECTiON.COM® today for your customized background screening solution.
