Blog
By Tom Wright
October 7, 2016
One of the toughest problems people face in Human Resources is finding, hiring and integrating new quality employees. A background check is an essential part of that process, but how you go about it makes a big difference in the type of employees you bring in. There are also regulations that must be adhered to, or one small misstep could open your company up to unwanted lawsuits. So, before taking the leap into background checks, it is important take the time to consider what you want to find out and how you should go about doing it.
Regulation Compliance
Before the background check can be performed, several items need to be completed. First, you will need the applicant to fill out release forms. If you choose not to hire the person because of anything on the background check, you must stay compliant with the Fair Credit Reporting Act (FCRA). That consists of sending pre-decision and adverse action letters, as well as a copy of their consumer rights.
SELECTiON.COM® provides all of the necessary paperwork that needs to be completed to stay compliant on our website. With one click of your mouse you can also stay compliant with the FCRA. SELECTiON.COM® provides a convenient, easy to use website that provides everything you need for you background screening program.
Is The Applicant Qualified?
Inc.com listed hiring as the number one problem facing businesses today. The article also states “According to one estimate, the total cost of onboarding — taxes, benefits, equipment, training, bonuses, etc. — can range from 1.5 times to 3 times the salary of the position.” So, making sure you hire the right person is financially important. No one wants to find out 6 months into a hire that they never received that Bachelor Degree. And you certainly don’t want to find out that have a habit of quitting jobs with no notice a few months in.
SELECTiON.COM® can help prevent these types of bad hires. Our employment and education verifications not only verify work and education history but include the types of questions that help you decide if it is a quality candidate. Some companies will only provide dates of hire and title, but many that we call will provide more info if you just ask the right questions. For example: How was the employee’s attendance? Are they eligible for rehire? The answers to these questions can indicate whether or not the individual will be a good fit for your organization. We even have a Character Reference report that goes into much more detail.
Where To Start
Many applications ask where you have lived or if you have committed any felonies. These applications often rely on the applicant’s honesty and the information isn’t always accurate. Many criminals leave the state or try to hide the past offenses by providing false names, addresses and the like on their applications to avoid detection.
SELECTiON.COM® will not only validate the SSN, but the report will also identify residence history. The applicant may say they have only lived in Ohio. But through the SSN trace you may find out that they have been traveling and moving state to state. This alone could help flag or determine a bad hire before the problem exists. Relying on an applicant’s honestly can be very costly. The SSN Trace is a great tool to identify what counties you should be looking in for criminal records.
Don’t Depend On One “National” Search
In today’s market businesses are continuously trying to improve the bottom line, so it’s only natural to scale down and just run a single National Criminal Database Search right? After all, it is checking the WHOLE country isn’t it? WRONG. The answer is no, there is not a criminal database search that checks every single county in the entire country. The fact is that every database is different what is contained within varies depending on the different sources.
At SELECTiON.COM® we always recommend a 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 a targeted criminal county search using the SSN Trace Report above, and you will receive a much more clear and detailed view of your applicant’s criminal history.
Can You Save Time With an Integration?
Every business like tasks done quickly and for programs to be streamlined and integrated. There’s no exception when it comes to Human Resources. In fact, it has become essential for many companies and organizations to perform background checks through their payroll or applicant tracking systems in order to expedite multiple processes at once.
SELECTiON.COM® has an in house IT department that can facilitate every need you may have. We have performed integrations with businesses across the country. Including but not limited to Virtus, Taleo, UltiPro, Catholic Mutual Group, etc. These integrations have helped SELECTiON.COM® 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.
SELECTiON.COM® has solutions for all of the above challenges, and more. Customer service representatives at SELECTiON.COM® have a tenure of 7.5 years in the industry. Our entire team is accessible by phone or email and LIVE help via an online chat portal is available M-F, 8:00 AM to 8:00 PM (EST). Our Verification Specialists and IT Department are in-house and easy to reach.
Contact SELECTiON.COM® today for your customized background screening solution.
Blog
On June 8, 2016 Ohio’s Governor signed a plan to legalize medical marijuana into law. This made Ohio the 25th state to approve its use. The bill became effective 90 days later on September 6, 2016. Ohioans will not be able to purchase medical marijuana in state, however, until 2017 or early 2018 after the Department of Commerce creates rules for those who will grow and dispense the drug and doctors obtain certificates from the Ohio State Medical Association to prescribe medical marijuana.
What kind of marijuana can be used?
Under Ohio’s law, it is still illegal to smoke marijuana even if purchased out of state. On the other hand, vaporizers, edibles and oils are OK. Recreational use of marijuana continues to be illegal.
What medical conditions will qualify?
Medical marijuana can be used for AIDS, amyotrophic lateral sclerosis, Alzheimer’s disease, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy or other seizure disorders, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is either chronic and severe or intractable, Parkinson’s disease, positive status for HIV, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette’s Syndrome, traumatic brain injury and ulcerative colitis.
Who will grow marijuana?
No one may grow medical marijuana at home or for personal use. People who want to grow medical marijuana commercially must apply to the Ohio Department of Commerce. They cannot grow marijuana within 500 feet of a school, public playground, church, public park or public library. People with certain criminal convictions are disqualified from growing marijuana.
Who can recommend its use?
Physicians who are certified by the Ohio State Medical Association are the only ones who can make that call. They could be disqualified from certification if they have a financial interest in growing marijuana, have lost their license to practice medicine, or have been convicted of certain crimes. Before recommending medical marijuana, doctors must attend at least 2 hours of training in diagnosing and treating conditions with it.
Can I be fired from work for using medical marijuana?
Yes, despite opposition from some in Ohio, the law allows employers to fire employees who violate office policies against marijuana use – even if the marijuana was recommended by a physician. If fired for marijuana use, a person will not receive unemployment compensation.
Can Ohioans still vote on medical marijuana in November 2016?
Several groups were interested in placing a marijuana proposal on the November 2016 ballot. Each group decided, however, against doing it. The effort was too costly and unpredictable in this presidential election year. The reality is that raising funds for medical marijuana policy changes became incredibly difficult especially given the improvements made by the Ohio General Assembly and the fact that Ohio’s Governor signed the bill.
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.
Thomas A. Coz
Vice President of Legal & Compliance
Blog
Ohio House Bill 523 legalizing marijuana for medicinal purposes only officially went into law in early September allowing its use in edible, oil, vapor, patch, tincture and plant matter form. Smoking and home-growing of pot remains illegal.
Ohio is now the 25th state to legalize medicinal marijuana.
Although certain aspects of the state law were left intentionally vague by legislators, such as where patients will be able to obtain marijuana, H.B. 523 was fairly specific in providing direction for employers.
Ohio is an at-will state, which means employers can fire an employee for any reason, or no reason at all.
The bill protects that right by NOT requiring an employer to permit or accommodate an employee’s use, possession, or distribution of medicinal marijuana.
Further, it allows an employer to refuse to hire, discharge, discipline, or otherwise take an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person’s use, possession, or distribution of medical marijuana.
In other words, medical marijuana patients could be fired for marijuana use, even if it’s not while at work and a doctor approved it, if the employer has a drug-free or zero tolerance policy on the books.
H.B. 523 clearly states that employers remain free to continue in their operations as if marijuana remained fully illegal under state law, irrespective of the new medical marijuana law.
Although the bill’s language seems to make following the law as straightforward as an employer can reasonably expect, the Occupational Safety and Health Administration’s (“OSHA”) new accident reporting rule complicates matters as federal rules about automatic post-accident drug testing have changed.
According to OSHA, blanket post-accident testing, without cause, infringes on workers’ privacy rights and OSHA is advising employers to limit such testing to situations where drug use likely contributed to the accident.
The combination of legalized medical marijuana and new accident reporting rules makes this the perfect time to review workplace drug policies.
This is the first of a two-part series discussing the impact of legalized medical marijuana on the workplace, specifically as it applies to Ohio businesses. We will continue the conversation next week in this space.
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
Virtually no HR manager or recruiter will claim that it’s getting easier to hire. In addition to a very competitive job market, qualified candidates seem to be harder to find, tougher to attract and they all seem to be more selective than ever. And that’s just the recruitment side of hiring!
Once a company has their list of candidates paired down, it is becoming increasingly more important to use pre-employment screenings and proper background check services to provide some measure of certainty that the “perfect” person for the job is just that.
HR managers across the country are turning to a Consumer Reporting Agency (CRA) with greater frequency for help in providing proper screening, but even with that assistance many companies are still making errors during this crucial stage.
It’s never a bad time to review your processes to make certain that your company isn’t making one or more of these top five background check mistakes.
Believing Everything Your Applicant Says
80% of all job seekers submit applications and resumes that contain intentionally misleading information.
In addition, according to a recent study by Hayes International, one out of every 38 employees was apprehended for theft from their employer in 2014. On a per-case average, dishonest employees steal over 6 times the amount stolen by shoplifters ($825.36 vs $133.80).
With statistics like that, it’s important to get a clear picture of your applicant before hiring. Depending on the type of job a person is applying for, a credit report, criminal history, and even employment and education history are an important part of a solid background check.
Not Obtaining a Release Form
The Fair Credit Reporting Act (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.
One of the most important regulations by the FCRA is to first obtain permission to run the background check.
Section 604(b)(2) of the Fair Credit Reporting Act (FCRA) specifically provides that “…a person may not procure a consumer report…for employment purposes with respect to any consumer, unless—
- a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured…in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and
- the consumer has authorized in writing…the procurement of the report by that person.”
Basically, you must have your applicant complete and sign a release giving permission to run a background check. In addition, the form should be provided to the applicant as a document separate from the application.
Running a Criminal Search Only In the Current County
Criminal records are tried at the county level and are not reported across county or state lines. If you’re only running a criminal history report in the county your company is in, or even the county the applicant currently lives in, you could be missing records. In order to get a clear picture of your applicant’s history, it’s recommended that you run a Social Security Number (SSN) Trace report to identify areas where a person has lived. From there, county criminal searches going back at least seven years should be initiated.
Only Running a National Criminal Database Search
Database searches can be a valuable tool in combination with other background check reports, but remember, they are not a true national criminal history report. If your current background check provider claims that their database has ALL counties in the United States, think again.
Not all counties are online. There is a great variance in the technology used in county courthouses. Some counties still have ledger books or microfilm for storage of court records. Although electronic records may be available they often require Clerk searches to provide details on the case.
State laws also vary. Federal regulations set the standard but several states have instituted restrictions that are different when it comes to reporting crimes. Other states have restrictions as to what can be released when a database is being created; full information is not made available for this purpose. Some repositories simply won’t release the information to be included in a database…period.
Not Taking the Position Into Account
Care must be taken when choosing not to hire based on background check results. The following states have “job relatedness” requirements for the use of criminal history: WI, NY, PA, HI, MO, KS, and Puerto Rico. Criminal histories must be shown to have a detrimental effect on an applicant’s ability to perform the job if they are used as a dis-qualifier.
The EEOC has given more detail about each factor to be considered when hiring based on a background check. The nature and gravity of the offense is to include the harm caused, the legal elements of the crime and the classification (misdemeanor vs. felony). Time since the conviction and / or completion of the sentence is to include evaluation of recidivism. The nature of the job is more than just job title; evaluation of specific duties, essential functions, and environment all need to be considered.
SELECTiON.COM® offers customized reports & solutions for all of our clients. Our staff will help you identify the reports you need to focus on, and develop a background check program that will work for you.
We have a specially-trained and dedicated staff who personally review all criminal records reported, to ensure you’re getting the most accurate information possible. Our knowledgeable customer satisfaction representatives have an average tenure more than 7 years. They can answer any questions you may have and will notify you if there are delays in any part of the reporting process.
Contact us today for your customized background screening solution.
Blog
By Brian Huseman
September 9, 2016
One of the toughest challenges for managers today is securing resources for their open positions while navigating the legal web associated with hiring. Your method of recruiting, interviewing, evaluating and hiring is not something to set and forget. A quick audit of your hiring process may uncover issues associated with applications, release forms, interview questions, screening and hiring/rejecting.
The following considerations should be taken when auditing your background check / hiring process:
Provide accurate job descriptions and methods of application.
Sorting through applications from candidates that lack the skills, experience or education required for a position is a terrible waste of time for reviewer and the applicant. Taking the time to review your job descriptions and updating them as needed will save time and disappointment down the road. Think about the skills and experience of your top producers and build your job descriptions based upon those.
Secure the applicant’s consent to run the background check.
Section 604(b)(2) of the Fair Credit Reporting Act (FCRA) specifically provides that “…a person may not procure a consumer report…for employment purposes with respect to any consumer, unless—
- a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured…in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and
- the consumer has authorized in writing…the procurement of the report by that person.”
Basically, you must have your applicant fill out a release to run a background check. In addition, the form should be provided to the applicant as a document separate from the application.
Background check reports should be based upon the position being filled.
Begin with residence based criminal history. This provides research in the areas where your applicant has lived. Consider a National Criminal file or Statewide report to expand your research to find records outside of the areas they have lived. If you are looking to hire a person for a cash handling position, an employment credit report may be a good idea. Management hires may require additional checks such as federal courts and education verification. The important thing is to be sure that it’s consistently applied and should have a direct relation to the risk associated with the position.
Submit accurate applicant information (Name, DOB & SSN) for research and verification.
The accuracy of the information provided to your background check company is very important. Something as simple as a transposed number in a date of birth or a misspelled last name can make all the difference. Typically, criminal records are kept with only name and date of birth on file. Courts are obligated to file records under the subject’s legal name. You should consider asking for the applicant’s name as it appears on their driver’s license or government issued ID. Across the country, social security numbers have been removed to protect people from identity theft. Therefore, a simple typo can prevent you from finding criminal history.
Allow time for the research to complete.
Criminal background checks and employment verifications can take a couple of days. It’s important to hold off on that hiring decision until you have the information you need to make a smart choice. It’s easy to look at an applicant and think they’re perfect for the job, but you never know what you may find in the background check results. Making a hasty decision can cause more legal problems for you down the line.
Review the details of the background research and determine if the applicant’s qualifications meet your hiring criteria.
Per the Equal Employment Opportunity Commission (EEOC), it’s important to consider the type of job the applicant is applying for. In 2012, the EEOC issued a new guidance document on criminal conviction exclusion policies. This guidance endorsed removing conviction questions from job applications as a “best practice” and made it clear that federal civil rights laws regulate employment decisions based on arrests and convictions under Title VII of the Civil Rights Act of 1964, as amended.
What this means for you is that if a criminal record is uncovered, it’s best to only consider convictions with a direct relationship to job duties and responsibilities and also consider the length of time since the offense.
If you are considering not hiring, provide a copy of the report and their rights under the FCRA prior to making your decision final.
According to the FCRA, 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 CFPB’s summary of rights prior to making your decision final.
It’s also important to give the applicant sufficient time to obtain /dispute/ clarify the background check report before making a final decision. It’s suggested that you wait 4-5 business days after mailing a copy of the report and the summary of rights, before you contact the applicant with your final decision.
If you decide to hire, make the offer of employment.
There are certain background check searches that cannot be started until an offer of employment has been extended. At this point in the process, once the employee has been hired, a Workers Compensation report can be initiated. Or, if you are in the governments E-Verify program, an E-Verify check should be run within 3 days of hire.
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.
Our 5-star customer service is available via phone, email and chat to help clients with any questions they may have along the way. SELECTiON.COM® has been in the background check industry since 1991 and we understand the many problems employers face in trying to hire and maintain a good workforce.
SELECTiON.COM® is integrated with HR management software, including the top applicant tracking systems. We also offer our proprietary applicant entry process at no additional cost. We will support you through the entire recruitment process from candidate to employee, including a final check through E-Verify after hiring.
Contact us today to see how SELECTiON.COM® can take your employment background check process to the next level.
Brian Huseman
Sales Executive
[email protected]
800-325-3609 ex. 3023
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
DATE – 09/02/2016
By: Thomas A. Coz, VP of Legal & Compliance Affairs at SELECTiON.COM®
The new ruling by the Occupational Safety and Health Administration (OSHA) takes effect January 1, 2017, and requires that certain employers electronically submit accounts of injuries and illnesses at their facility. Analysis of this data will enable OSHA to use its enforcement and compliance assistance resources more efficiently. Some of the data will also be posted to the OSHA website.
The rule also includes some anti-retaliation provisions. These officially went into effect August 10th, but OSHA has delayed enforcement of them until November 1st, 2016 in order to have time to reach out to regulated employers.
- Employers are required to inform their employees of their right to report work-related illnesses and injuries free from retaliation.
- Employers must clarify the existing requirement that an employer’s procedure for reporting work-related injuries and illnesses be reasonable and not deter or discourage employees from reporting incidents.
- They must incorporate the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses.
This final ruling comes along with some commentary from OSHA to further explain how this applies to drug testing in the workplace. According to the agency:
Although drug testing of employees may be a reasonable workplace policy in some situations, it is often perceived as an invasion of privacy, so if an injury or illness is very unlikely to have been caused by employee drug use, or if the method of drug testing does not identify impairment but only use at some time in the recent past, requiring the employee to be drug tested may inappropriately deter reporting.
OSHA then concludes that only testing where drug use likely contributed to the accident will be immune from enforcement action under the new rule:
…this final rule does not ban drug testing of employees. However, the final rule does prohibit employers from using drug testing (or the threat of drug testing) as a form of adverse action against employees who report injuries or illnesses. To strike the appropriate balance here, drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use. For example, it would likely not be reasonable to drug-test an employee who reports a bee sting, a repetitive strain injury, or an injury caused by a lack of machine guarding or a machine or tool malfunction. Such a policy is likely only to deter reporting without contributing to the employer’s understanding of why the injury occurred, or in any other way contributing to workplace safety. Employers need not specifically suspect drug use before testing, but there should be a reasonable possibility that drug use by the reporting employee was a contributing factor to the reported injury or illness in order for an employer to require drug testing. In addition, drug testing that is designed in a way that may be perceived as punitive or embarrassing to the employee is likely to deter injury reporting.
For those concerned that the final rule will conflict with drug testing requirements contained in workers’ compensation laws, OSHA claims that this concern is unwarranted.
If an employer conducts drug testing to comply with the requirements of a state or federal law or regulation, the employer’s motive would not be retaliatory and the final rule would not prohibit such testing. This is doubly true because Section 4(b)(4) of the Act prohibits OSHA from superseding or affecting workers’ compensation laws. 29 U.S.C. 653(b)(4).
For full information on the ruling, visit OSHA’s website.
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.
Thomas A. Coz
Vice President of Legal & Compliance
