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, Resources
The world is (hopefully) getting back to normal soon now that vaccines are readily available to the general public. That means we can move back into our offices and begin the daily grind alongside each other once again. Right? That may be true for some, but many companies will likely decide to keep part of their workforce remote or offer flex positions.
The COVID-19 pandemic has fundamentally transformed the office workspace. A recent study by LiveCareer found that 61% of employees want their employer to let them work in a remote capacity indefinitely. Also, 29% of working professionals go so far as to say that they would quit if they had to return to the office after the pandemic. That leaves companies set on returning to the typical 9-5 in-office workspace in quite a predicament.
If you were one of the many companies delaying implementing remote positions pre-COVID-19, you weren’t alone. Among many reasons, companies feared productivity issues would be a logistical nightmare. And, while there have certainly been some bumps along the way, many companies have effectively implemented remote positions. A recent survey by Mercer, a human resources and workplace benefits firm, showed 94 percent of 800 employers surveyed indicated productivity was the same or higher with their employees working remotely.
Many companies are considering drastically downsizing their office space for the coming year and offering flex positions.
According to a survey from the consulting firm, PwC found that executives and employees are converging around a post-pandemic future with a lot more flexibility, yet few are prepared to completely abandon the office space. As a result, by design or default, most companies are heading toward a hybrid workplace where a large number of office employees rotate in and out of offices configured for shared spaces.
That seems to confirm LiveCareer’s further findings. Thirty percent of professionals surveyed said that if going back to the office is inevitable, they’d like to work there three days a week. Twenty-five percent said two days a week, and 19% said one day. Just 9% said four days.
So, what does this mean for you? And how does this affect hiring and background checks?
Remote hiring was likely a fast-tracked implementation for many, so now is the perfect time to reflect on what did and did not work over the last year. What steps of the hiring process can now be improved and secured?
Here are our hiring tips for the post-COVID-19 reality:
- Clearly define your background check requirements per position. The Equal Employment Opportunity Commission (EEOC) already recommends this to avoid disparate impact. Adding fully remote or flex job offerings may change the background check selection, so be sure to appropriately update your handbooks or hiring guidelines.
- Be sure to make it clear if you plan on making a currently remote position in-house once the pandemic is over.
- Are you going to offer flex positions? If so, be clear on when they are expected to be in the office. For example, will it be one or two specific days a week or days of their choosing, etc…
- If you require a video interview, be sure to use an application compatible with the most common devices, such as Apple, Android, and Windows.
- There has been a significant shift in how people shop, resulting in an uptick in hacker activity and an increased need for cybersecurity. Therefore, it’s more important than ever to partner with a background check company that offers an easy-to-use and secure online portal for applicants to enter personal information.
In addition to everything above, it’s important to note that while EEOC recommendations will likely evolve with the new remote/flex working reality, the requirement of strict Fair Credit Reporting Act (FCRA) regulation adherence remains the same.
- Always obtain a signed release form.
- If a person is denied the position, regardless of the reason, always send a copy of their background check, a Pre-Decision letter, and a copy of their consumer rights.
- Follow up with an adverse action letter five business days later.
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 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® locator tool is the largest in the industry with other 1 billion records.
Contact us today to develop a fast and accurate background check program to meet your needs.
NOTE: 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.
Blog, Resources
According to the U.S Department of Justice’s Bureau of Justice Statistics (BJS), over 90 million individuals, approximately 30% of the population in the country, have a criminal record on file in state criminal history repositories.
This statistic does not include traffic infractions (e.g., improper turns, parking violations, failure to stop, some speeding violations, among others) which are the most common form of infractions and also do not appear in criminal records (when they are paid, or the court citation was fulfilled), because traffic tickets are classified as infractions and are considered non-criminal offenses.
Misdemeanors (e.g., Driving Under Influence (DUI), disorderly conduct, use of controlled substances, simple assault, among others) are more serious offenses than infractions and appear in criminal records. In some circumstances, a misdemeanor can escalate to a felony. Felonies are the most serious types of crimes (e.g., DUI that causes injury, serious bodily injury or death, murder, robbery, aggravated assault, rape, among others). Like misdemeanors, felonies also appear in the criminal history on file in state criminal history repositories.
Criminal records vary from one-time arrest, where charges may be dropped completely, to violent, serious, and lengthy criminal histories. The BJS statistics show that the majority of arrests are for non-violent and minor offenses, only 4% of the arrests are for felonies, and most arrests, both misdemeanors and felonies, do not end in a conviction.
According to the Society for Human Resource Management, nine out of ten employers run criminal background screens on applicants as part of their hiring process. Employers require consumer reports in order to ensure a safe work environment for employees and to assess the overall trustworthiness of the job candidate. Background screenings also reduce theft, embezzlement and other criminal activity. Some background screenings are required by state law for a position such as a teacher or licensed medical practitioner. Employers are not only protecting the company’s reputation but are also reducing the risk of legal liability for negligent hiring. Thus, in the selection process, some companies reject applicants who have criminal charges.
Employers should be aware that it is highly likely that consumer reports may have negative information about the applicants. In these instances, a greater understanding is important to dispel some employers’ myths or paradigms. “The fact of an arrest does not establish that criminal conduct has occurred. Arrests are not proof of criminal conduct. Many arrests do not result in criminal charges or the charges are dismissed,” according to the Equal Employment Opportunity Commission (EEOC). By contrast, records of convictions of crimes will usually serve as sufficient evidence that a person engaged in improper conduct.
Finding a point of balance and justice between millions of people with criminal records at the time of getting a job and the legitimacy of the employers to not consider an applicant for employment based on their criminal records, has become a great challenge. The law, jurisprudence, and institutions like the EEOC have all weighed in on this situation.
First, the Fair Credit Reporting Act restricts Consumer Reporting Agencies (CRA’s) reporting any non-convictions older than 7 years, unless the applicant is expected to earn 75,000 or more annually [15 U.S.C. 1681c (a) (2) (5)]. Some state laws and local ordinances also restrict CRA’s from reporting non-convictions regardless of age.
Thereby, the large number of applicants who have criminal records are not marked for life because non-convictions (records of arrest and certain adverse information) are not reflected in the consumer reports with the passage of some years and may not be reported at all. These restrictions create a point of balance between employers and applicants with criminal records. For employers, they can still know relevant information about the applicant, like convictions, and for the applicants because not all the information about their criminal history may be disclosed. SELECTiON.COM® works diligently on compliance with federal and state law regarding these restrictions.
Second, the jurisprudence has cited three factors that employers shall seriously consider in their hiring policies when the applicant has a criminal record (Green v. Missouri Pacific Railroad, 549 F.2d 1158, 8th Cir. 1977). The three factors are; the nature and gravity of the offense or conduct; the time that has passed since the offense, conduct and/or completion of the sentence, and the nature of the job held or sought.
Finally, the EEOC has consolidated and updated enforcement guidance regarding the use of arrest or conviction records in employment decisions. The guide describes two types of discrimination in employment decisions, disparate treatment and disparate impact. According to the EEOC, disparate treatment means “a violation may occur when an employer treats criminal history information differently for different applicants or employees, based on their race or national origin.” For its part, disparate-impact liability may occur when “an employer’s neutral policy (e.g., excluding applicants from employment based on certain criminal conduct) may disproportionately impact some individuals protected under Title VII and may violate the law if not job-related and consistent with business necessity,” the guide explains.
It is very important for decision-makers, hiring officials, and managers to know the law, jurisprudence, and the EEOC enforcement guidance to allow employers to make hiring decisions appropriate and equitable, without engaging in discrimination.
In conclusion, employers are challenged to provide this large number of individuals the opportunity to apply, be considered, and hired for a job. In the end, it is in the employer’s hands to analyze the seriousness of the applicants’ conduct and create a balance between an opportunity and responsible hiring.
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.
