Background Check's Checkup
us do rely on background checks, but the research on selection
methods' ability to predict job success puts background checks
near the bottom of the list.
Koppes and Palmer in 2012 found "no relationship" between credit
report data and performance. Other studies show that reference
checks only account for about 4 percent of the variance in employees'
in favor of the status quo in background checks go like this:
"I only want honest people on my team. Unfortunately, much of
what we read on background checks are cautionary tales. If lying
on your resume or application doesn't predict employment outcomes,
then why are we using background checks to make employment decisions?
is how can we make them more valid predictors of employment
outcomes? First, we need to differentiate between a "misrepresentation"
and a "lie."
California Voters Weigh 'Radical' Changes to Justice
System as Prisons Fill Up
voters this fall could approve big -- and some say "dangerous"
-- changes to the state's sentencing system, aimed in part at
easing the overcrowding. The measure, known as Prop 47, is a
proposal that would dramatically change how the state treats
certain "non serious, nonviolent" drug and property crimes,
by downgrading them from felonies to misdemeanors. It also would
allow those currently serving time for such offenses to apply
for a reduced sentence, as long as they have no prior convictions
for more serious crimes like murder, attempted murder or sexual
Study Finds Confusion Over Criminal Background
to a survey by First Advantage US customers requesting background
screening reports are frequently confused in the area of criminal
of the study of First Advantage customers include:
37 percent of companies report being unsure about when to order
a federal criminal search versus a county search.
38 percent of companies don't understand the difference between
a database search and county courthouse search.
also found that 79 percent of companies still ask applicants
if they have a criminal history on the application, despite
recent "ban the box" legislation.
Senators Seek Answers on USIS Breach
of the Senate Homeland Security and Governmental Affairs Committee
want answers from the Obama administration about the consequences
of an August breach of a government
contractor's computers that likely exposed the personal information
of 25,000 government workers (see
Report: Breach Hit25,000 Gov't Workers
focus on U.S. Investigation Services, which conducts security-clearance
background checks on government workers and contractors. OPM
last month announced it would not renew the contract with USIS
to conduct certain security clearance services (see
What's Behind OPM's Ousting of USIS?
in the letter,
say the USIS breach raises many questions about the safeguards
contractors take to protect against cyber-intrusions as well
as the oversight provided by the contracting agency.
Digital Nominee Demands Stronger U.S. Data Rules
may suspend data-sharing agreements with the United States if
American policy makers do not improve how Europeans' online
information is protected, according to Andrus Ansip, the nominee
to lead Europe's digital agenda.
could have major implications for American tech giants like
Google and Facebook, which routinely compile data generated
by their European customers through web searches and other online
activities. Those companies' data policies have come under greater
scrutiny in Europe in the wake of the revelations about spying
by the National Security Agency, using online data.
to the so-called safe harbor agreement between Europe and the
United States, which allows American tech companies to move Europeans' data to America
as long as the companies uphold the same privacy rules, he added:
"If we don't get clear answers, suspension has to stay as an
SCREENING NEWS - continued
City of Austin Alters Background Check Requirement After Recent
of Austin Transportation Department will now require background
checks for all parking enforcement officers. A department spokesperson
said they began considering a change in May, but the checks
began after a KXAN Investigation discovered a former employee
with an extensive criminal history was hired in 2010 under the
"Ban the Box" policy.
was fired from a city job in 2002 and had multiple convictions
on his record, yet was re-hired by the city in 2010 without
a background check. When the city learned about a 2012 allegation
of indecency with a child against Heath, they transferred him
from his job in the library system to parking enforcement. He
was ultimately fired in August after pleading guilty to the
indecency charge in Bastrop County.
of University of VA Student Puts College Student Background
Checks Under Scrutiny
of prior sexual assault allegations against Jesse Matthew Jr.,
the man charged with abduction with intent to defile in the
case of missing University of Virginia
student Hannah Graham, have raised questions about the
amount of background information colleges retrieve on students
and how they share it with other universities and law enforcement.
was previously accused of sexual assault at Liberty University.
He was also the subject of a criminal sexual assault investigation
at Christopher Newport University
that was never prosecuted.
requires public and private colleges to submit to Virginia State
Police the names of all admitted students to check against a
national list of convicted sex offenders and the Virginia Criminal
Conducts Background Checks on Political Candidates
checks are not routine for political candidates, however, running
for political office confers a certain message: Trust me, I
want to be in the government.
must rely on their own judgment, any initiative taken by their
local media to expose criminal histories
or the investigations undertaken by a candidate's opposition.
the breach is a nonprofit called CandidateVerification,
which has gotten dozens of Washington state candidates to submit
to a check of their backgrounds, including past criminal and
civil cases, and education and employment histories.
laws cover many aspects of the landlord tenant relationship,
from security deposits to landlord access to rental property.
The charts in this section include the key statutes pertaining
to landlord-tenant law in each state, as well as specific rules
on issues such as security deposit limits and deadline for return,
and landlord notice to enter rental property.
CIC and the NCRA Offer Clients Consumer Protection
Benefits with Fraud-Defender
nation's premier tenant screening provider, and the National
Consumer Reporting Association are pleased to provide consumer
benefits through NXG Strategies, LLC's Fraud-Defender, a fully
managed fraud research, remediation and recovery system. By
including Fraud-Defender in each rental application, apartment
communities distinguish themselves by protecting their applicants
and enticing qualified renters.
in the program is simple for property managers who elect to
include program enrollment with each CIC tenant screening report
processed. Properties that participate in the program may choose
to increase their revenue stream by offering Fraud-Defender
to applicants. For example, an apartment community that processes
500 applications per year, with Fraud-Defender's annual cost
of $5 per application, property managers may increase the application
fee by $15, resulting in an annual net revenue of $5,000.
LawRoom's Scoreboard is a summary of employment-related litigation
that shows the results for trials and settlements during the
last quarter. Here's a snapshot of our Scoreboard. Just click
on the link to open a full printable version.
New York City Council Eyes Limits on Background Checks
The use of criminal background and credit history
checks in hiring could be overhauled under two new bills quickly
gaining steam in the New York City Council. One bill would prohibit
employers from asking a job applicant about past criminal convictions
until after they have already been offered a job. A second bill
would make it illegal to use a person's credit history in hiring
decisions. Both bills have gained support in the council to
be veto-proof, according to Councilman Brad Lander who sponsored
the credit history bill and Councilman Jumaane Williams who
sponsored the criminal background check bill.
background check bill is set for hearing on December 10.
to the U.S. Legal Challenge Question!
As the background
screening industry continues to get more competitive the firms
that will ultimately succeed will be those that create competitive
advantage through their people by offering continuous learning
opportunities to heightened their knowledge and capabilities.
We believe that having employees that are very knowledgeable about
the legal landscape of background screening is essential to continued
We are grateful
to Larry D. Henry who began his law career with the Army JAGC
where he tried over 2,000 cases. After the Army he relocated to
Tulsa. In 1981, the founder of DAC Services contacted Mr. Henry's
firm for assistance in creating a background screening company.
Since Mr. Henry's practice was employment law, the firm believed
this fell within his area and as they say: "the rest is history".
His practice has kept him in continual contact with the background
screening industry, and he is a nationally recognized expert in
the area of background screening.
practice is concentrated on employment law and in specific, background
screening of employees. He represents consumer reporting agencies
throughout the United States and two national trade associations.
He is the author of the Criminal Records Manual and the on line
reference site:CRAHelpDesk.com, and he is a frequent presenter
across the country on various topics dealing with background screening.
your answer by clicking on it:
Employers Are Restricted in Their Ability to Consider Certain
Criminal Records for Employment Purposes
Effective August 1, 2014, Louisiana became another state
to regulate employer use of criminal record information for employment
purposes. Under the new law, expunged records of arrests of convictions
are now considered confidential and no longer part of the public
record. Those records also cannot be made available to any person
or entity except:
- To members
of law enforcement or criminal justice agencies or prosecutors
investigating, prosecuting or enforcing criminal law or for
other statutory purposes;
- Upon entry
of a court order;
- To the
person whose record has been expunged, or his or her counsel;
- To members
of law enforcement or criminal justice agencies, prosecutors
or judges for the purpose of defending against civil litigation
resulting from wrongful arrest or other civil litigation, and
the expunged record is necessary to the defense.
to providing for confidentiality of expunged records, the new
law expressly states that "no person whose record of arrest or
conviction that has been expunged shall be required to disclose
to any person that he was
or convicted of the subject offenses, or that the record of the
arrest of conviction has been expunged." As a result, job applicants
with expunged records may legally answer "no" in response to employment
application questions concerning expunged arrests or convictions.
Dollar General Coughs Up $4M to End Background Check Suit
Discount retail chain Dollar General has agreed to pay $4
million to settle a proposed class action claiming it didn't properly
notify more than 200,000 job applicants they would be screened
by background checks, a Virginia federal court filing revealed
more (registration required)
AutoZone Hit With Background Screening Class Action
AutoZone is the latest company to have a FCRA class
action lawsuit filed against it. The company was hit with a suit
for alleged violations of state and federal law in its background
screening process. The case, Aceves et al. v. AutoZone Inc,
filed on September 30, 2014 in the Central District of California,
claims that the retailer violated the Fair Credit Reporting Act
(FCRA), California's Consumer Credit Reporting Agencies Act (CCRAA)
and the Investigative Consumer Reporting Agency Act (ICRAA).
FCRA class actions are a scary trend for employers. Fortunately,
however, compliance with the technical requirements of the FCRA
like authorization and disclosure are not that difficult to fix.
Don't let your client be the next employer called into court.
Now is the time to have your Compliance Officer review your policies,
procedures and practices, and to consult with your clients about
auditing their policies, procedures and practices to ensure full
compliance with the FCRA.
Background Screening Company Adopts Revised Procedures
in Cooperation with EEOC
The EEOC and The Cole Group have reached an agreement reflecting
the job applicant screening company's implementation of revised
policies and practices to ensure that its pre-employment screenings
comply with the Americans with Disabilities Act of 1990 (ADA),
the Genetic Nondiscrimination Act of 2008 (GINA), and the anti-retaliation
provisions of the federal civil rights laws enforced by the EEOC.
The Cole Group screens applicants for hundreds of companies nationwide.
It has assured that a job applicant's medical history and any
civil rights, personal injury, or workers compensation claims
made by an applicant against his or her prior and present employers
are not inquired into and will not be disseminated to prospective
By Mike Sankey, PRRN
PUBLICATIONS LAUNCHES CriminalRecordSources
(CRS) is your authoritative reference about criminal records.
CRS tells you the pros
of searching different record repositories. CRS is your information
The locations of criminal records - from both government agencies
The ways criminal records may be directly accessed;
The accuracy and value of a criminal record will vary
help anyone involved with the use of criminal records including
private investigators, attorney firms and
law libraries, background screening firms, HR, journalists and
the news media, risk management and corporate
compliance divisions, trade associations, legislative staff, and
government agencies to name a few.
information visit http://www.criminalrecordsources.com/
AGENCY SANCTIONS AND WATCH LISTS
examines public record databases of individuals and companies
that have sanctions, violations, enforcement actions, or warnings
initiated against them by one of nine different federal government
departments that have sanctioning ability. Click
here to view.
BRB Publications, BRB Knowledge Center
PUBLIC RECORD RETRIEVAL NETWORK (PRRN)
Record Retrieval Network (PRRN) is one of the largest U.S. trade
organizations representing professionals in the public record
industry. With more than 500 members in 45+ states who retrieve
documents from local government agencies in over 2,000 counties
nationwide, PRRN Members are recognized as the nation's leaders
in local public record searching and document retrieval.
PRRN Members Do?
Simply put, PRRN Members are professionals who visit government
agencies on-site-such as local, federal, and state courts or recorder's
offices-to do name searches and/or obtain copies of file documents.
Retrievers are often hired in conjunction with the pre-employment
screening, investigations, lending, litigation, or for legal compliance
As recognized leaders in local public record searching and document
retrieval, PRRN Members agree to follow standards of professional
conduct for local searching and document retrieval procedures
and to follow the highest standards of ethics and conduct in all
their dealings with other members and with clients.
For more information click
Retriever Network - www.PRRN.us
The CRA Help Desk - www.CRAHelpDesk.com
Motor Vehicle Record Decoder - www.MVRDecoder.com
BRB's Public Record Blog - www.publicrecordsblog.net
BRB's Bookstore - www.brbpublications.com/books/
Action Lawsuit Takes Issue with Linkdedin Reference Reports
Corp. has been hit with a class action lawsuit alleging it violates
the Fair Credit Reporting Act (FCRA) through its use of its "search
for references" feature, which allows prospective employers to
obtain information about job applicants. Enacted in 1970, the
FCRA regulates the practices of consumer reporting agencies to
ensure they protect the accuracy, relevance and confidentiality
of consumer information.
Tracee Sweet, Lisa Jaramillo, James Ralston and Tiffany Raulston
filed the LinkedIn class action lawsuit, which alleges their rights
under the FCRA were violated by LinkedIn's reference search functionality.
They believe that prospective employers may have made decisions
that adversely affected their employment based on information
found in LinkedIn's reference search system.
Reference Report Class Action Lawsuit is Tracee Sweet,
et al. v. LinkedIn Corp., Case No. 3:14-cv-04531, in the
U.S. District Court for the Northern District of California.
Stores East Will Pay $72,500 to Settle EEOC Disability Discrimination
announced that Wal-Mart Stores East, L.P., will pay $72,500 and
provide significant equitable relief to settle a federal disability
discrimination lawsuit. According to the EEOC's suit, Walmart
offered Laura Jones a job as an evening sales associate, contingent
on Jones passing a urinalysis test for illegal drugs. After Jones
advised that she cannot produce urine because she has end-stage
renal disease, the assistant store manager told her to ask the
designated drug testing company about alternate tests, the EEOC
said. According to the complaint, Jones went to the drug testing
facility the same day and learned that the facility could do other
drug tests if the employer requested it. Jones relayed this information
to the Walmart assistant store manager, but management refused
to order an alternative drug test. Jones's application was closed
for failing to take a urinalysis within 24 hours.
City to "Ban The Box" During Hiring Process After Attorney General's
Party City has reached a settlement with the Attorney
General's office to "Ban the Box" during their hiring process.
Attorney General Eric Schneiderman said in a statement that the
company, which employs 5,000 people in 49 stores across the state,
must change its hiring policies as a result of the settlement
training for employees to ensure fair consideration of all job
outreach and recruiting efforts with non-profits that specialize
in job training and rehabilitation of individuals with criminal
applications from hundreds of former applicants who may have
been denied employment opportunities unlawfully;
periodic reports to verify its continued compliance with the
law for a period of three years; and
- Pay a
criminal history does not give employers a right to slam the door
in his face," Schneiderman said, adding that employment opportunities
Atlanta City Council approves Ban the Box legislation
The Atlanta City Council approved an ordinance on Monday,
Oct. 6 expanding efforts to eliminate discrimination against potential
applicants for jobs with the City of Atlanta who have prior criminal
The City of Atlanta's current application process no longer requires
an applicant to reveal a prior conviction on an application, the
legislation officially makes it city policy except when state
and/or federal laws require criminal background investigations
for certain positions, including positions that involve work with
children, positions in law enforcement, and other sensitive positions.
Ban the Ban-the-Box? Proposed Law May Clarify Background
Check Dilemma in Regulated Industries
Congress has proposed legislation that protects certain
employers when they seek to comply with the laws that regulate
their industries. The "Certainty
in Enforcement Act of 2014" would prevent the EEOC, state
agencies and plaintiffs' attorneys from claiming that certain
employers are engaged in an unlawful employment practice when
acting in accordance with federal, state or local laws. The proposed
legislation notes that covered employers may include, but are
not limited to, those engaged in health care, childcare, in-home
services, policing, security, education, finance, employee benefits,
and fiduciary duties.
Rather than engaging in a preemption-style evaluation and analyzing
whether one federal or state law trumps another regarding these
background check-related issues, employers may want to seek legal
guidance to help them evaluate the risks. Having the right processes
in place can go a long way to helping employers maximize their
defenses to hiring-related claims.
St. Pete proposes "Ban the Box" policy and $12.50 minimum
St. Pete Mayor Rick Kriseman is on a roll trying to
improve economic conditions for some of the city's poorest neighborhoods.
Today he announced another effort, but this time one that could
benefit the entire city. Beginning Jan. 1, St. Pete will join
nearly 70 other cities including Tampa in "banning the box." That
is the box on applications for city jobs that asks prospective
employees whether they have a criminal record.
The change in city policy will affect only city jobs. It does
not mandate private sector jobs to follow suit. The policy also
will not exclude background checks for city jobs and they will
still be mandated for any public safety positions. Those checks
will just be looked at later in the process.
York Legalizes Use of Medical Marijuana
is now the 23rd state to adopt legislation legalizing
the use of marijuana for medical use. Under the state's new law,
a patient who has been certified by a healthcare provider to use
medical marijuana will register with the New York State Department
of Health and receive a patient identification card, with which
they can obtain medical marijuana from no more than five certified
organizations licensed to operate dispensaries.
state laws to this effect, however, the New York law specifically
classifies individuals validly prescribed medical marijuana as
"disabled" under the state human rights law, thus, presumably
requiring New York employers to provide reasonable accommodations
for medical marijuana users. To be covered, individuals must suffer
from a "serious condition," defined as having one of the enumerated
"severe debilitating or life-threatening conditions."
to the eVerify Challenge Question!
Nicole A. Kersey
Managing Director, Kersey Immigration Compliance, LLC
("Nici") Kersey is an attorney whose practice is dedicated to
employment-based immigration, with a focus on the Form I-9, E-Verify,
and related immigration compliance issues. Nici represents employers
before, during, and after Form I-9 inspections by Immigration
and Customs Enforcement (ICE), providing practical advice to and
serving as an advocate for employers during negotiations and litigation
relating to fines for I-9 violations. She is a frequent trainer
and speaker on I-9 and E-Verify issues. Nici is a graduate of
the University of Virginia School of Law and provides pro bono
representation to the spouses of U.S. soldiers and to arts organizations.
What if an
employee presents a document for I-9 purposes with a different
last name? An employee started work today and indicated that her
last name is Jones on her Form I-9. But then she presented a birth
certificate for List C that shows her last name as Richardson.
She says that is her maiden name and listed it in Section 1 of
the Form I-9 as her maiden name. Can I accept this as a List C
Yes, I can accept the information 'as is'
Yes, I can conditionally accept the information pending submission
of a new document with a matching name.
No, I cannot accept the information
& IMMIGRATION ISSUES
Levies $2M Fine against Hotel for I-9 Related Violations
A Salt Lake
City-based hotel will have to pay nearly $2 million for hiring
unauthorized workers, including illegal aliens. The hotel will
avoid criminal prosecution in exchange for its full cooperation
with a U.S. Immigration and Customs Enforcement investigation
and for taking action to correct its hiring practices. According to the non-prosecution agreement
, several lower-level employees and mid-level managers conspired
to rehire unauthorized workers amidst an administrative audit
of I-9 employee verification forms that began in September 2010.
The hotel was notified that 133 employees were not authorized
to work in the United States; however, the conspirators created
three temporary employment agencies, essentially shell companies,
to rehire 43 of the unauthorized, and most of the workers returned
under different names using fraudulent identity documents.
Major U.S. Airline Agrees to Pay Over $200,000
to Resolve I-9 Discrimination Claim
of Justice announced a six-figure settlement agreement with United
Continental Holdings Inc. based on allegations that divisions
of the company previously operating as Continental Airlines discriminated
against non-citizens during the I-9 process. According to the
DOJ's press release, the "pre-merger" Continental Airlines had
a practice of requiring lawful permanent resident employees to
provide more documentation than is legally required and to complete
additional I-9 forms after hire. Continental apparently did not,
however, have this same requirement for U.S. citizen employees
(and hence the claim of discrimination).
terms of the settlement agreement, United Continental has agreed
to pay $215,000 to resolve the allegations, create a $55,000 back
pay fund to compensate individuals who may have lost wages due
to the company's practices, and undergo training on I-9 related
anti-discrimination. The company will also be subject to DOJ monitoring
of its I-9 reverification practices for a period of two years.
OSC Settles Numerous Immigration-Related Discrimination Claims
Arising from Improper I-9 Practices
of Special Counsel for Immigration-Related Unfair Employment Practices
(OSC), a division of the U.S. Department of Justice, has settled
14 cases in 2014, where employers were alleged to have engaged
in discrimination against work-authorized non-U.S. citizens in
violation of the Immigration and Nationality Act (INA).
The OSC is
responsible for enforcing the antidiscrimination provision of
the INA, which prohibits citizenship and national origin status
discrimination in hiring, firing and recruitment or referral for
a fee, as well as document abuse - discriminatory I-9 form and
E-Verify practices. The INA's anti-discrimination provision prohibits
employers from placing additional documentary burdens on work-authorized
employees during the hiring and employment eligibility verification
process based on their citizenship status or national origin.
Finds Positive Drug Test from Secondhand Marijuana Smoke Unlikely
A new study finds it is unlikely that a person exposed to secondhand
marijuana smoke will test positive for marijuana themselves. While
it is possible that extreme marijuana smoke exposure could produce
a positive urine test, this occurrence is likely to be rare and
limited to the hours immediately after exposure, according to
researchers from Johns Hopkins University.
it Comes To Fraud, What is The Cost of Complacency?
invites you to publish and/or post for your audience our new infographic,
"The Cost of Complacency."
When it comes
to fraud, what is the cost of complacency? Research conducted
by the Association of Certified Fraud Examiners (ACFE), the world's
largest anti-fraud organization, indicates that the longer a fraud
lasts before it is detected, the more the victim organization
stands to lose.
A new infographic
illustrating the relationship between anti-fraud controls and
the duration and cost of fraud has been made available by the
ACFE for download online at
FraudWeek.com. The data was compiled by the ACFE for its
2014 Report to the Nations on Occupational Fraud and Abuse.
Report is available for download (in PDF format) online at: ACFE.com/RTTN.
Enterprises and BackChecked™ Announce the Integration of
ACE™ Advanced Criminal Extraction™
Innovative Enterprises, Inc., a strategic partner to the background
screening industry and expert provider of court research information
products, smart data solutions and ancillary services, and BackChecked™,
provider of state of the art systems technology to background
screening firms, today announced the integration of Innovative's
ACE™ Advanced Criminal Extraction™ solution with the
BackChecked™ background screening system.
and developed exclusively by Innovative, ACE™ leverages
the fastest growing library of full data extraction sources in
the industry to automate the collection of criminal court record
information from available online sources. Using highly advanced
matching and analysis algorithms, ACE™ provides a much deeper
inspection of records than previously possible, enabling users
to specify a degree of precision down to a single character or
digit found anywhere within a name or identifier, delivering fewer
false positives and more actionable results. Built on rock solid
technology and delivered via a fully redundant, dynamically scalable
infrastructure, ACE™ intuitively responds to increased customer
demand to ensure high availability and industry-leading response
times, even during peak hours.
easyBackgrounds Inc. has been named to
Inc. Magazine's "Inc. 5000" list of the fastest growing companies
in the country with a three-year revenue growth rate of more than
90 percent. To qualify for the list, a company had to be privately
held and for-profit, with revenue in 2010 of at least $100,000
and revenue in 2013 of at least $2 million.
narrow focus on staffing firms has meant steady growth for the
company, which has Brian McElwee at the helm as president and
his wife Quinn as chief executive officer.
especially proud of the team he has built at easyBackgrounds.
"The folks we have do a lot of research work and they do a lot
of client support work," he said. "Since the recession we've worked
really hard identifying the right people and getting them into
the right seats."
Enterprises and Accio Data Announce the Integration of ACE™
Advanced Criminal Extraction™
Enterprises, Inc., a strategic partner to the background screening
industry and expert provider of court research information products,
smart data solutions and ancillary services, and Accio Data, a
leader in platform development for background screening firms,
today announced the integration of Innovative’s ACE™
Advanced Criminal Extraction™ solution with Accio Data’s
employment screening software.
developed exclusively by Innovative, ACE™ leverages the
fastest growing library of full data extraction sources in the
industry to automate the collection of criminal court record information
from available online sources. Using highly advanced matching
and analysis algorithms, ACE™ provides a much deeper inspection
of records than previously possible, enabling users to specify
a degree of precision down to a single character or digit found
anywhere within a name or identifier, delivering fewer false positives
and more actionable results. Built on rock solid technology and
delivered via a fully redundant, dynamically scalable infrastructure,
ACE™ intuitively responds to increased customer demand to
ensure high availability and industry-leading response times,
even during peak hours.
CastleBranch CEO Named State's
Top 'tech Exec'
Brett Martin, CEO and founder of CastleBranch Corp.
and its tech incubator tekMountain, has been named the Tech Exec
of the year by the N.C. Technology Association (NCTA).
In addition to his contributions in the business sector, Martin
founded HeartsApart.org in 2010, a nonprofit organization created
to keep families connected while our military men and women are
serving abroad. In 2012, the White House recognized HeartsApart.org
as one of the country's greatest charities dedicated to serving
the military, the release stated.
CastleBranch was also notified it is on Business North Carolina
magazine's list of the 40 fastest-growing mid-market companies
in North Carolina, the release stated.
Boxes Themselves in on Ban the Box
article posted to the NAPBS website stated:
highly skeptical of the need for Ban the Box legislation, and
has opposed its enactment in several jurisdictions. Some versions
of Ban the Box merely limit a government employer's ability to
ask questions about their potential employees. But more often,
Ban the Box bills have been expanded to the private sector, containing
provisions that not only prohibit inquiry into criminal history
on the job application, but also impose a number of recordkeeping
and other requirements that make it more difficult and cumbersome
for employers to assess whether a particular individual is suitable
for a given position and thus discourage use of checks by employers.
For these reasons, NAPBS watches such legislation closely, and
opposes it where appropriate.
Ban the Box
does not necessarily prevent employers from inquiring about criminal
history or conducting a background check, but it does raise questions
as to when it is permissible to ask about past criminal activity
and when to conduct the background check.
No two versions
are exactly alike, leaving employers with a patchwork of laws
and differing legal requirements that vary not only from state
to state, but from city to city."
article is very well written and makes numerous key points, however,
in my opinion, the following statement under, What Are the Problems
with Ban the Box?, is problematic:
As an organization
[NAPBS] dedicated with creating safe places to live and work,
NAPBS believes that employers are in the best position to assess
their hiring needs.
brush anyone that is knowledgeable about and supportive of management
and organizations would certainly agree with the above statement.
However, the statement taken just as it is stated is problematic
because history has taught us that employers left to their own
merits have the proclivity to inappropriately discriminate against
one group or another for no legitimate business reason.
I can recall
in the not too distant past when employers would make statements
like. "I am all for hiring women, however, I can't hire a woman
to sell heavy moving equipment to construction companies because
these guys won't accept them and I will lose business." Fast forward
to the present and in many so called non traditional fields women
not only hold their own, but in many cases out perform the men.
Back to NAPBS's
statement, my point is that the association needs to be very careful
about making blanket statements that do not recognize the reality
of discrimination. Unfortunately, despite tremendous progress
in this area, the American public still needs a watchdog to protect
them from employers who otherwise would choose to exclude people
for factors that are not relevant to a person's ability to perform
Let me know
your thoughts on this issue.
Do you have
a viewpoint on an issue related to background screening that you
would like to express? We would love to hear from you. Contact
Barry at wbnixon@PreemploymentDirectory.com.
. S. Could See Full Employment, 2 Per
Cent Inflation By 2015
economy could be fully recovered from the effects of the financial
crisis and recession as early as next year, a top Federal Reserve
official said, flagging the possibility the U.S. central bank
will need to raise interest rates sometime soon. "There are good
reasons to believe that we'll achieve our full-employment and
price-stability objectives fairly soon, perhaps as early as next
year," Dallas Federal Reserve Bank President Richard Fisher wrote
in an Economic Letter released Monday. "Do we keep the accelerator
pedal to the floor right up to the point where we reach our destination?
Or do we ease up as we near our goal?"
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INDUSTRY BUYERS GUIDE NOW AVAILABLE!
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YOUR SPACE TODAY!
Kevin Coy is a Partner in the Washington DC office of Arnall
Golden Gregory LLP. Kevin
advises background screening companies and other clients on a
wide range of privacy and consumer regulatory issues, including
Fair Credit Reporting Act, Gramm Leach Bliley Act,
Drivers' Privacy Protection Act, and Dodd Frank Act compliance
issues, as well as data breach matters. Kevin also represents
clients with matters before the Federal Trade Commission, the
Consumer Financial Protection Bureau, and other consumer protection
be contacted at Kevin.Coy@agg.com
has largely been quiet in October with both Houses in recess and
with most members home campaigning for next week's midterm elections.
2nd, the Senate Homeland Security and Government Affairs
Committee, sent letters to the Department of Homeland Security,
the Office of Management and Budget, and the Office of Personnel
Management requesting additional information about steps the agencies
are taking in response to the breach and expressed concern about
the role of USIS in background investigations.
Court began its new term on October 6th and the new
term may produce opinions with implications for employment and
of potential interest, Spokeo v. Robins, involves an
important question of liability under the Fair Credit Reporting
Act (FCRA). The Supreme Court has not yet agreed to hear the case,
but if it does, whatever the Court decides could have a significant
impact on FCRA litigation.
3rd, the Supreme Court also agreed to hear a Fair Housing
Act case, Texas Department of Housing and Community Affairs
v. The Inclusive Communities Project, from Texas, which calls
into question the disparate impact theory of liability in discrimination
in discrimination cases.
30th, the EEOC announced a settlement agreement with
The Cole Group ("Cole"), a background screening company, regarding
pre-employment screening compliance with the Americans with Disabilities
Act (ADA), the Genetic Nondiscrimination Act (GINA), and civil
rights laws' anti-retaliation provisions.
6th, U.S. Citizenship and Immigration Services (USCIS)
announced the launch of myE-Verify, a website for employees to
create and maintain personal accounts to access features for identity
protection. myE-Verify will utilize Self Check to verify identities
in creating an account, and utilize Self Lock to allow users to
"lock" their Social Security numbers. Separately, on October 7th,
USCIS announced that, as of January 1, 2015, it will dispose of
E-Verify records more than 10 years old.
the full report
Best Advertisers of the Year Awards
to the Background Screening Industry
Congratulations to the Winners!
Headline - CRI Group
Brand Awareness - Convergence Research
Appealing -Omni Data Retrieval
Effective Message - CRI Group
Click here to see slide show of winners
STRUGGLING WITH WRITING AND PUBLISHING YOUR NEWSLETTER:
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NSW to Add Offshore Data Rules into Privacy Legislation
of NSW Attorney-General Brad Hazzard has confirmed the government's
intentions to update the state's privacy legislation to make it
clear where agencies and healthcare providers stand when it comes
to storing data offshore, particularly as part of cloud computing
The NSW Privacy
Commissioner, Elizabeth Coombs, finalised her draft code of practice
for offshore data hosting and handed it to the Attorney-General
in May this year, after a number of aborted attempts by her predecessors.
has also decided to take the guidance a step further and address
the issue of transborder movement of personal data in a new version
of the NSW Privacy and Personal Information Protection Act
1998, which applies to state government bodies and custodians
of health data about NSW citizens.
Cayman Islands: Government Launches
Final Consultation on Data Bill
of the Cayman Islands published, on 19 September 2014, the Data
Protection Bill 2014 ('the Bill'), seeking input as part of a
final consultation that will end on 19 November. The Bill has
been in discussion since 2010 when the Data Protection Working
Group (DPWG) of the Cayman Islands presented the first draft with
the expectation that the country would obtain recognition from
the EU as ensuring an adequate level of data protection.
'has been developed in line with international best practices,
but a conscious effort has also been made to ensure that it reflects
the specific needs of the Cayman Islands', the DPWG stated.
Background Investigators Imprisoned for Illegally Collecting Personal
Data in China
8, 2014, a Chinese court convicted British fraud investigator
Peter Humphrey and his wife, Yu Yingzeng, a naturalized US citizen,
of illegally obtaining personal information. The husband and wife
team ran a China-based consulting firm, ChinaWhys
Co., that specialized in providing risk advisory services
to multinational companies doing business in China. Under China's
Criminal Law, companies and individuals are subject to criminal
penalties for illegally selling or obtaining the personal information
of others where such violation is "serious." Prosecutors alleged
that the couple violated the law's prohibition on illegal obtainment
by collecting 256 personal information records, including hukou
(city residential permit) information, family information, and
travel and phone records. According to prosecutors, ChinaWhys
purchased this information for RMB 800 to RMB 2000 (about US $130
to $325) per record and used it in background investigation reports
prepared for ChinaWhys' clients.
The Personal Data Protection Framework in Singapore
in Singapore comprehensively deals with privacy. While commonly
recognized as a "data privacy law," the Personal Data Protection
Act 2012 (PDPA) does not, recognize a right to privacy-in fact,
the term "privacy" does not even appear in the PDPA. Contrary
to the EU Data Protection Directive (95/46/EC) which expressly
states in its preamble that "data processing systems are designed
to serve man; whereas they must … respect their fundamental
rights and freedoms, notably the right to privacy," Singapore
has opted for a more business-friendly approach. For instance,
there is no notification requirement in the event of a security
breach affecting personal data. The PDPA came into full effect
on July 2, 2014, and now all organizations that collect, use or
disclose personal data in Singapore must comply with the PDPA,
regardless of their place of incorporation.
of the PDPA is to "increase consumer trust and strengthen
Singapore's position as a trusted global data hub and primarily
focuses on information management."
Drug Testing Up By As Much As 470%
rise in workplace drug testing in the UK could see a dramatic
rise in companies overstepping the mark and acting in an unlawful
manner- says a leading employment lawyer. The warning follows
a report on the BBC's website in which four leading screening
companies say that workplace drug testing has increased significantly
in the UK.
current laws, workers cannot be made to take a drugs test, but
if they refuse when the employer has good grounds for testing,
they may face disciplinary action. These regulations are usually
in the contract or staff handbook.
LGC Group's strategic account manager for occupational drug testing,
said employees in safety-critical roles - such as operating heavy
machinery or driving - and government agencies were most likely
to be screened. But she said there is a growing trend for drug
testing to be conducted in "more normalised industries."
IN THIS EDITION
the Job Board for the Employment and Tenant Screening Industry.
Here you will find resumes of people with industry experience
and employers seeking applicants with experience in Employment
and Tenant Screening and related businesses.
UPCOMING CONFERENCES, COURSES & EVENTS
Basic Certification Webinar Series Update
FCRA Basic Certification program series is now available
2014 Events ( Click
Here to View full list of Events ) - Updated
State Conferences, visit
and Alcohol Testing Industry Association (DATIA), 2013 Training
Course Schedule, visit
Training Institute Learning Events, http://www.sapaa.com/
Federation of People Management Associations, Events,