| BACKGROUND
SCREENING NEWS |
Special
Report: A Check on Background Checks
"Background
checks have increased over the past 12 months, according to
responses by screening companies surveyed for this month's Workforce
Magazine's Hot List. All but one participant in last year's
Workforce Hot List reported increases in 2013 in either the
number of individuals screened or corporate clients using employment-related
screening services. Nine out of 15 Hot List participants reported
increases in both categories."
"It's an
industry that carries significance for most human resources
departments: 69 percent of all employers conduct background
checks on their job applicants, according to the Society for
Human Resource Management's 2012 background checking survey.
"
Interesting
enough, the increases in background checks were preceded by
new guidance from the U.S. Equal Employment Opportunity Commission
in April 2012 which many saw as the beginning of the demise
of background screening. The new guidelines have posed a challenge
to employers, however, despite the challenge employers do not
appear to be backing off and continue to increase their focus
on background screening.
Read the Special Report: A Check on Background Checks and view
the Hot List
Mergers
& Acquisitions Defines the Landscape of the Background Screening
Industry
The Human
Resource Outsourcing (HRO) industry is one that has been shaped
by M&A and the background screening industry demonstrates
how M&A can define the landscape of the industry.
Given its
tie to employment, the background screening industry is impacted
by the overall health of the economy and job growth as well
as regulation and technological advancements. That said, the
landscape of the industry today has been defined by the historical
M&A activity.
The background
screening industry is dominated by providers that generate less
than $100 million in annual revenue from commercial screening
services. There are only three providers that generate over
$200 million in annual screening revenue and each of these providers
became market leaders by pursuing an acquisition strategy. First
Advantage, previously public and now backed by Symphony Technology
Group, is a consolidation of over 40 screening companies. The
commercial screening business of Altegrity is a conglomeration
of 10 screening companies, including the two substantial acquisitions
of HireRight and the background screening business of Kroll
(note that HireRight is currently on the market with a $1 billion
price tag). Finally, Sterling Infosystems, backed by Calera
Capital, has made 8 acquisitions to complement its significant
organic growth.
As the
three leaders continue to search for growth opportunities and
middle tier firms look to gain market share to take advantage
of economies of scale, conditions are particularly ripe for
sellers in the background screening industry. Said simply, there
are many interested buyers. Moreover, private equity firms have
demonstrated interested in the industry, creating more options
for firms considering strategic alternatives such as a recapitalization
or raising growth capital.
Source:
HighBank Advisors, for more information contact Cherie
Homa, Managing Director,
choma@highbank.com
Read more
First Advantage Acquires Verifications, Inc. Building on Vision
to Transform the Industry
First
Advantage , a Symphony Technology Group (STG) company and
the leading global provider of screening analytics and identity
solutions, today announced that it has entered into a definitive
agreement to acquire competitor, Verifications, Inc., a Minneapolis-based
background checking and drug testing company. As a result of
the acquisition, First Advantage will add over 4,000 new clients
to its over 41,000 current client relationships that process
more than 15 million applicants annually. Having made significant
progress on the integration of the LexisNexis screening business
that was acquired earlier this year, First Advantage can now
leverage a solid technology and process foundation to focus
on growth initiatives, customer driven innovation and global
expansion efforts.
The addition
of the Verifications, Inc. screening business will quickly broaden
First Advantage's position in the growing small and mid-sized
market place and strengthen the Company's presence in key industries
including staffing, healthcare and manufacturing. The Verifications,
Inc. top client base boasts an average 12 year tenure including
notable Fortune 100 companies. This acquisition will enable
Verifications, Inc. clients to now have access to advanced solutions
through the largest global footprint in the industry.
Read more
| BACKGROUND
SCREENING NEWS - continued |
The
Navy Yard Massacre: How Employment Screening Failed
On Sept.
16, military information technology subcontractor Aaron Alexis
took a shotgun into the Washington Navy Yard and killed 12 people.
Alexis' employer, The Experts, hired Alexis after conducting
an allegedly complete background investigation. While many companies
screen their own employees, few conduct due diligence on their
contractors' employee screening processes. Subcontractor employees
often have the same work site access and even wear the same
company badges as regular employees - though the company's human
resources personnel and managers don't directly screen or manage
subcontractor personnel. Many employers seek out the cheapest,
fastest background check firms; these firms may perform cursory
screens that provide only the illusion of security. For example,
the background checking firm turned up Alexis' traffic violations
but not his more serious gun-related arrests. As in so many
workplace violence debriefs, after the tragedy individuals in
Alexis' company reported earlier suspicious conduct that worried
them. These concerns were never raised to a level where they
could be dealt with. When contracting for services, companies
can insist that contractors' employees undergo thorough background
screening and can review their subcontractors' background screening
processes. Employers using a third-party background screener
can also screen the screeners.
Read more
Sixth Circuit Upholds Big Fee Award Against EEOC For Continuing
to Pursue Lawsuit Based on a "Companywide Policy That Did Not
Exist"
The U.S.
Court of Appeals for the Sixth Circuit upheld a district court's
award of $751,942.48 against the EEOC. This decision marks yet
another significant win for employers faced with the EEOC's
"shoot-first, aim later" litigation tactics as well as yet another
defeat for the EEOC in a high profile case based on an unfounded
disparate impact theory of liability stemming from an employer's
use of background checks. The EEOC incorrectly alleged that
Peoplemark's policy of not hiring individuals with a criminal
record had a disparate impact on African-Americans resulting
in a blanket no-hire policy. The district court found that even
after the EEOC knew that wasn't the case, it proceeded with
the litigation anyway. Peoplemark argued that the EEOC had deliberately
caused the company to incur attorneys' fees and expert fees
when it should have known that the company did not have the
blanket no-hire policy. Both a magistrate judge and district
court judge agreed, finding that if the EEOC had done a reasonable
investigation, it should have known that Peoplemark had, in
fact, hired a number of the allegedly injured individuals. Agreeing
with the district court, the Sixth Circuit held that the EEOC
should be held liable for Peoplemark's fees from October 1,
2009 through the end of the litigation.
Read more
2013
NAPBS Annual Conference, September, 2013
NAPBS membership
is up to 790. Almost 800! Strength through numbers! Did you
know that 13% are non-USA based members?
 This conference was
the best yet, celebrating ten years. Dean Carras and his committee
of volunteers along with our association management group (IMI)
were on top of everything and they classed it up, especially
in giving special recognition to the ten past chairs of NAPBS,
without whom there would be no association representing you.
Governments
(federal, state and local), continue to make decisions that
impact your business.
The mood
of the attendees was upbeat. There is nothing like a good economy
to boost sales, profits and moods.
International
continues to grow their screening and NAPBS is in the process
of forming a direction to create international standards for
integrity and compliance.
Read the full report
PeopleG2's First Annual Human Resources Compliance Survey Reveals
Widespread Confusion Among Executives Regarding Handling of
Job Applicant Criminal History
According
to the first annual Human Resources Compliance Survey conducted
by leading human capital due diligence firm PeopleG2, the vast
majority of American executives believe their companies are
compliant with EEOC guidelines (94%). however 72% of those surveyed
ask job applicants about criminal history in applications despite
2012 EEOC guidelines designed to reverse the procedure. "EEOC
compliance is the number one issue we hear about from our clients,
and the findings of this survey don't surprise me," said Chris
Dyer, PeopleG2's founder and CEO. "Most companies are still
unaware that questions about criminal history on job applications
can be discriminatory and that communication about criminal
history should arise as an open dialog much later in the decision-making
stage of hiring." In addition, more than 14% of respondents
fail to offer any opportunity to discuss the existence of criminal
history in the application process. However, the EEOC issued
the new guidelines to ensure that hiring entities consider whether
the nature of a crime is relevant to the job, whether skills
necessary for the job could be compromised based on the criminal
history and whether time has elapsed to allow for correction
before a candidate is rejected.
Read more
ApplyConnect
Offers Complete Credit Checks on Renters at no Cost to Anyone
Offering Real Estate Rentals
Contemporary
Information Corporation (CIC), a nationwide tenant screening
company with 28 years of real estate rental industry experience,
has launched a new, consumer initiated tenant screening service.
ApplyConnect helps landlords, real estate agents, and property
managers find the best renters to fill their vacancies. CIC
has contracted with Experian, the leading global information
services company, to provide consumer credit reports with a
VantageScore 3.0 credit score as part of the ApplyConnect system.
The VantageScore 3.0 is a post-recession, consumer credit scoring
model that uses a more familiar scale, more granular data and
can score 30-35 million more consumers who are typically unscoreable.
In addition to this credit report and score, users have access
to a national search of criminal records. The search accesses
court records across the country, including the sex offender
registry, and the Office of Foreign Assets Control for known
drug traffickers and terrorists. It is free for those offering
real estate rentals, with no physical inspection fees or monthly
fees and it's available 24/7. Rental applicants will love that
as a consumer initiated inquiry, their credit score will not
be impacted. The renter simply initiates the report, pays for
it upfront and grants permission to the landlord to view it.
Read
more
| Welcome
to the U.S. Legal Challenge Question! |
Sponsored By:
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
success.
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.
Mr. Henry's
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.
Please choose
your answer by clicking on it:
New
Expunged Record Law Limits Background Checks
North Carolina's
new Expunged Criminal Record bill will affect what questions employers
may ask on job applications and during the hiring process. The
law prevents most employers from asking about crimes and criminal
charges that have been expunged from job applicants'
records. The law doesn't bar employers from asking about arrests
and convictions that have not been expunged. However, the EEOC
has spearheaded a "ban the box" movement that would effectively
remove all criminal background questions from job applications.
Under that model, employers could ask about convictions (not arrests
or charges), but only after they have made a conditional job offer.
Employers would also have to show that the criminal background
information was "job-related and of business necessity." By comparison,
the Expunged Criminal Record law simply shields applicants and
employees from having to reveal any expunged arrests, charges
or convictions. They cannot be held liable for refusing to reveal
them. First violations of the law will earn a warning; subsequent
infractions carry a $500 fine. The law doesn't apply to those
seeking law enforcement jobs. Those applicants must reveal all
arrests, charges, and convictions, whether or not they have been
expunged. It is important to establish a policy for requesting
criminal background information and stick with it. Using different
procedures for different applicants could lead to discrimination
charges.
Read more
New California Laws Restrict the Discretion Employers Have to
Inquire Into and Use Criminal Record Information
On October
10, 2013, California joined the growing list of states with expanded
protections for individuals with prior criminal records when Governor
Jerry Brown approved a bill (SB 530) amending the California Labor
Code.Effective January 1, 2014, SB 530 amends Labor Code section
432.7 to include an additional prohibition for public and private
employers related to pre-employment inquiries, and adds section
4852.22 to the Penal Code shortening the waiting period to receive
a Certificate of Rehabilitation. Governor Brown also signed AB
218, which, effective July 1, 2014, will bar public sector employers
from asking about criminal records on employment applications
(a so-called "ban the box" law). The number of state and local
laws affording employment-related protections to ex-offenders
has grown and, in all likelihood, will continue to do so. Now
is an excellent time for local employers and multi-state employers
that use a nationwide form of job application to assess thoroughly
whether their job application, including questions about prior
criminal records, complies with state and local laws where the
employer operates and hires. Employers should be mindful of the
various laws that relate to the background check process and when
using a third-party screening firm to obtain background information
on applicants or existing employees, employers must follow the
requirements of the FCRA.
Read more
J.B. Hunt Drops Ban on Hiring Those with Criminal Records
Transportation
giant J.B. Hunt has agreed to revise its hiring policy that the
EEOC claimed prohibited hiring anyone with a criminal record.
The case began with a single black applicant who was denied a
truck driving position because he had been convicted of a crime.
The EEOC claimed the conviction was unrelated to the man's potential
job duties. Therefore, refusing to hire the applicant
violated EEOC guidance on hiring those with a criminal record.
J.B. Hunt agreed to a five-year monitoring program and also settled
with the applicant. Before deciding whether to hire or turn down
an applicant who has a criminal record, the EEOC recommends conducting
an evaluation of the: 1. Nature and gravity of the offense or
conduct; 2. Time that has passed since conviction and completion
of the sentence; and 3. Nature of the job.
Read more
Do
Employers Need to Accommodate the Smoking of Medical Marijuana
in the Workplace?
As many employers
already know, smoking tobacco in the workplace is prohibited in
Ontario, however, the legislation does not make reference to the
smoking of any other substance, such as marijuana. Medical marijuana
is currently a controlled substance under the Marihuana Medical
Access Regulation (MMAR) pursuant to the Controlled Drugs and
Substances Act, and its use has been legalized for medical purposes
since 2001. Even a new regulation, Marihuana for Medical Purposes
Regulation, which amends the above-noted legislation, fails to
mention marijuana use in the workplace. What, then, is an employer
to do when an employee has a medical marijuana license and states
that s/he must smoke their marijuana in the workplace? What if
the employee holds a safety sensitive position? Fundamentally,
these questions invite the same analysis as an employee's request
to use and/or be under the influence of any prescription drug
with intoxicating effects. Accordingly, the answers are dictated
by the employer's obligations under both the Ontario Human Rights
Code and the Ontario Occupational Health and Safety Act. It is
anticipated that employers will be faced with increased requests
for accommodation related to medical marijuana use, given that
the new Marihuana for Medical Purposes Regulation aims to treat
marijuana as much as possible like the narcotic drugs that have
more historically been used for medical purposes.
Read more
Employee Using Prescription Medications Could
Not Refuse Drug Test Under Theory That Employer "Knew" He Would
Refuse
An Iowa appellate
court reversed an award of damages to an employee under the ADA
after the employee was discharged for refusing to submit to a
post-accident drug test. The employee had taken a number of prescription
painkillers throughout his employment and due to safety issues
associated with his job as a maintenance laborer, the employer
prohibited the employee from using power tools or driving vehicles.
At a subsequent time, the employee took a medical leave of absence
while using the prescription painkillers, and upon his return
to work, cut his finger. The Company's drug and alcohol policy
required a post-accident test because the employee suffered an
injury at work. The employee refused to submit to the drug test,
even after he was advised that the test was for illegal drugs,
not for prescription medications, and was subsequently fired.
The employee filed suit under the ADA, arguing that he was terminated
based on his disability. The case proceeded to a jury trial and
the jury entered a verdict in the employee's favor. The appellate
court reversed and dismissed the case, finding that the employer
had the right to subject the employee to a post-accident drug
test under its policy, and noted that the employee testified that
he was aware that refusing to test could be grounds for termination.
Employers should always include a provision in their substance
abuse policies advising employees that refusing to test will lead
to termination, and defining the types of conduct that constitute
a "refusal to test."
Read more
| ALCOHOL
& DRUG TESTING - continued |
Assessing
the Effectiveness of Hair Testing
The latest
project for the Drug Testing Advisory Board (DTAB) is the evaluation
of hair specimens for possible use in the Federal Workplace Drug
Testing Program. Since 1988, organizations that are required to
perform federal workplace drug testing have been limited to the
use of urine specimens. However, concerns and data have emerged
that point up some of the limitations of traditional urine-based
testing. This past July, the DTAB opened
a meeting to the public to present information on the supportability
of the hair specimen for federal workplace drug testing. Entities
such as the Federal Motor Carrier Safety Administration and trucking
companies pointed out that
it is important for them to be able to look at longer windows
of detection (which hair testing provides) when it comes to pre-employment
testing. Research has found that hair testing is very difficult
to adulterate, but one presentation showed that bleaching or using
a flat iron may affect the results of a hair specimen drug test.
Another benefit is the elimination of collection issues associated
with urine. According to a press release from Omega Laboratories,
"hair testing has consistently identified over three times as
many illegal substance users as urine testing in regulated industry
pre-employment trial programs." DTAB will give a recommendation
to the administrator of SAMHSA, that it would or would not suggest
that hair testing be included.
Read more
Report
Indicates Insider Threats Leading Cause of Data Breaches in Last
12 Months
While threats to data security and privacy are often perceived
to come from the outside, all signs point to internal threats
being just as dangerous, intentional or not. Forrester Research
recently released its Understand the State of Data Security
and Privacy Report, which draws on a survey of small and
medium businesses and other enterprises in the United States,
Canada, Britain, France, and Germany. The survey found that inadvertent
misuses of data ranked as the top source of data breaches in 2012,
accounting for 36% of all breaches. Nearly a quarter of respondents
said breaches were most commonly the result of malicious insiders.
Only 42% of small and medium businesses said their workforces
received training on how to secure data, and only 57% of workers
said they were aware of their organizations' current security
policies. Forrester analyst Heidi Shey says these numbers show
that organizations need to make data security more of a priority.
The report suggests organizations utilize a framework for data
security built on three steps: inventorying all the organization's
data, analyzing the data, and structuring data security around
protecting the most valuable data. Shey also says separating privacy
efforts from security efforts can undermine data security, and
that privacy and security should addressed together. "People don't
know what they don't know," said Shey. "You've got to give them
some kind of guidance and guard rails to work with."
Read more
Hack
of Data Brokers Highlights Weakness of Knowledge-Based Authentication
Security
blogger/researcher Brian Krebs broke a story recently about a
cyber underground identity theft service in the business of selling
Social Security numbers, birth records, credit and and background
reports, and other pertinent, sensitive details of millions of
Americans. The potential impact of having those details compromised
is massive--which is why that information shouldn't play such
a crucial role in establishing or authenticating our online identities.
Krebs explains
how most credit-granting organizations employ knowledge-based
authentication (KBA) as a means of determining whether or not
an application for credit might be fraudulent. That determination
is based largely on how accurately the applicant can answer questions
about their own financial and consumer history. Christopher Bailey,
NuData Security, said,"Knowledge of personal details as a means
to authenticate customers has been questioned by security experts
and analysts for some time. When data-breaches occur, 'private
knowledge' reaches the free-market, weakening the authentication
method--identity theft and fraud becomes more likely as knowledge
based authentication becomes easier to bypass."
If criminals
can acquire your credit report, which includes your complete credit
history, or a background report on you, then they're armed with
virtually everything they could possibly need to open accounts
in your name and destroy your credit reputation.
"Simply replacing
knowledge based authentication is not a solution. Firms must adopt
a multi-layered approach to identification and fraud detection,"
says Bailey. The best approach is to require two-factor authentication--possibly
combining knowledge and biometrics--so that it's not so easy to
steal an identity.
Read more
American
University of London Sells Study-free MBA
A so-called university, The American University of London
(AUOL), sold an MBA degree £4,500 to a fictitious person
with no academic work required, a BBC Newsnight investigation
has revealed. AUOL has insisted it is "not a bogus university"
and defended the robustness of the qualifications it offers. AUOL
styles itself as a pioneer of distance learning, offering degrees
and post-graduate qualifications in business, IT, law, education
and liberal arts, humanities, and English to more than 100,000
students worldwide. While seemingly based in London, AUOL is actually
incorporated in the Caribbean. Newsnight found hundreds of senior
executives listing AUOL qualifications. When the programme contacted
some of them, they all insisted that they had to study for their
degrees. On its website, AUOL boasts some well qualified supervisors
and says that "the university's academic staff are highly qualified
and experienced". But when five Western academics on its list
were contacted, all said they had never worked there and never
agreed for their name to be used. "They are not degrees," said
George Gollin, an American academic with expertise in unaccredited
education. "They are pieces of paper and I'm guessing they are
not able to sell very many degrees into countries where English
is the first language." The university has been listed as "bogus"
by the agency that values degrees for the Italian government and
it has been blacklisted in five U.S. states.
Read more
Public
Record Update
Sponsored by:
Public
Record Update
By Mike Sankey, PRRN
Compliance with the myriad of state laws is a complex
subject affecting CRAs and their clients. The State Rules Register
provides an uncomplicated explanation in plain English of state
laws for what is reportable to the client, usable by the client,
and the necessary steps to take to be in compliance with state
laws. Also included are best practices, practical tips, and ongoing
notification when state and federal laws change. Create your own
matrix reports. Use the special Resource Tabs of Guidelines and
Special Instructions.
For more
information contact Michael Sankey at mike@brbpublications.com
or visit www.brbpublications.com/updates.aspx
| BRB's
FREE RESOURCE CENTER |
For the MOST
COMPREHENSIVE RESOURCE describing all access methods, restrictions,
fees, and search procedures on over 26,000 government and private
agencies visit the Public Record Research System (PRRS-Web) .
We provide the extensive details and in-depth data you will not
find doing a Google search!
For more
information contact Michael Sankey at mike@brbpublications.com
or visit www.brbpublications.com/updates.aspx
Congratulations
to Platinum Members of PreemploymentDirectory.com that made
Workforce Magazine's 2013 Hot List:
|
- Accurate Background Checks |
- Global HR Research |
- Orange Tree |
|
- EmployeeScreenIQ |
- HireRight |
- Sterling Inforsystems |
|
- Employment Background Investigations |
- Infomart |
- Universal Background Checks |
|
- First Advantage |
|
|
The
Conference Board Employment Trends Index™ (ETI) Increased
in September
The
Conference Board Employment Trends Index™
(ETI) increased in September. The index now stands at 114.78,
up from 113.98 (an upward revision) in August. The ETI figure
for September is 6.3 percent higher than a year ago.
"The Employment
Trends Index accelerated in August and September, with improvements
across all eight components during these two months," said Gad
Levanon, Director of Macroeconomic Research at The Conference
Board. "In contrast to the gloomy headlines from Tuesday's jobs
report, the ETI signals upward momentum in labor market conditions
in the months ahead."
September's
improvement in the ETI was driven by positive contributions from
seven of its eight components. The increasing indicators - from
the largest positive contributor to the smallest - were Initial
Claims for Unemployment
Insurance, Number of Temporary Employees, Percentage of Firms
With Positions Not Able to Fill Right Now, Industrial Production,
Consumer Confidence Survey®
Percentage of Respondents Who Say They Find "Jobs Hard to
Get," Real Manufacturing and Trade Sales, and Job Openings.
Read more
What
Can We Do For You in 2014 To Help You Exceed Your Revenue
Goals? |
Targeted
Marketing Support Services for the Background Screening Industry
PreemploymentDirectory.com
Online background
screening directory featuring background screening firms and suppliers
to the background screening industry. Basic, Gold, Platinum and
Diamond levels of advertising are available. Target audience is
the Human Resources, Talent Acquisition and Recruiting community.
Annual
Background Screening Industry Buyers Guide
An annual
print and electronic publication featuring U.S. and international
background screening firms, and timely informative articles. The
Guide is launched annually in June at the SHRM Annual Conference
and distributed to 20,000 plus human resources professionals.
Annual Suppliers to the Background Screening Industry Buyers Guide
An annual
print and electronic publication featuring suppliers to the background
screening industry. The Suppliers guide is distributed to our
database of more than 1,600 background screening firms and at
relevant professional trade shows.
The
Background Buzz
A monthly
e-newsletter distributed to the worldwide background screening
industry that offers comprehensive coverage of information and
news relevant to the screening industry. The e-newsletter is distributed
to more than 1,600 firms in the background screening industry
and accordingly, is an exceptional advertising venue to reach
background screening firms.
The
Special International Edition of The Background Buzz
A supplement
to the regular edition of The Background Buzz that is
published on a bi- monthly basis featuring global information
and news on background screening around the world.
eDirect
Mail Campaigns
On demand
e-blast service sent to our database of more than 1,600 firms
in the background screening industry. Each e-blast includes your
advertisement and one relevant article.
Media
Releases and Announcements
On demand
releases and announcements to targeted media outlets in the background
screening and recruiting industry.
Private
Label Newsletter Service
Custom designed
e-newsletter service. We create a custom designed e-newsletter
including recommending the name, designing the header, template
and providing the content. Distribution frequency options include
monthly, bi-monthly and quarterly.
See
the Marketing Portfolio that matches your market segment
:
1. U.S.
Background Screening Industry Marketing Portfolio
2. International
Background Screening Industry Marketing Portfolio
3. Suppliers
to the Background Screening Industry Marketing Portfolio
STOP
STRUGGLING WITH WRITING AND PUBLISHING YOUR NEWSLETTER: |
We can help
you have a high quality e-newsletter to help nurture your relationship
with your clients and attract new clients. Our customized newsletter
service will take over your newsletter task or create a new one
for you. We can manage the creation of your newsletter for you.
We are constantly
researching information to use for The Background Buzz and
you can put our research to use for you. Using the information
rich content from The Background Buzz (minus the ads
and competitors information) we will create a custom newsletter
for you.
Use your staff’s
time to do more valuable work and save all the hassle of researching
or writing articles, formatting and managing all the other ezine
tasks with our customized ezine process.
Contact Barry
Nixon at 949-770-5264 or at wbnixon@aol.com
for more information.
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
agencies.
Kevin can
be contacted at Kevin.Coy@agg.com
or 202-677-4034.
THE
WASHINGTON REPORT
October
2013
On
Capitol Hill
Since the
last edition of The Washington Report, the government
shutdown has come and gone. The shutdown-which closed the Federal
Trade Commission (FTC) and the Equal Employment Opportunity Commission,
but not the Consumer Financial Protection Bureau (CFPB)-dominated
the conversation in the Congress and postponed congressional hearings
addressing background check issues.
The primary
driver for the congressional interest in background checks was
the tragic shooting incident that left 12 people dead at the Washington
Navy Yard in mid-September, just as our last edition of The
Washington Report went to press.
In the aftermath
of the Navy Yard shootings, many questioned the background checks
conducted on the perpetrator and, the Secretary of the Navy announced
a full review of Navy screening processes. Other hearings will
include the Senate Homeland Security Committee and other Senators
including Kelly Ayotte (R-NH) and Claire McCaskill (D-MO) have
urged additional inquiries by the Committee as well as the Navy.
In addition, the House Oversight and Government Reform Committee
is conducting an investigation.
At
the CFPB and the FTC
On October
4th, the CFPB filed an amicus brief on behalf
of the agency and the FTC in, Moran v. The Screening Pros
LLC, a case pending before the 9th Circuit Court
of Appeals. The brief supports the Plaintiff's view that in the
event a criminal charge is dismissed, the seven-year limitation
on the reporting of "adverse information" in Fair Credit Reporting
Act (FCRA) § 605(a) runs from the date of charge rather than
from the date of dismissal because the dismissal is not itself
an adverse pieces of information for FCRA § 605(a).
The crux
of the dispute is the interpretation of the 1998 FCRA amendments
which permitted the reporting of convictions without limitation.
The amendments removed language from the original FCRA which established
the reporting period for arrests, indictments, and convictions
as seven years "from the date of disposition, release or parole."
Read
the full report
One
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THE NEW SUPPLIER/PROVIDER SECTION ON
PREEMPLOYMENTDIRECTORY.COM
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for the Top Suppliers in the Industry? Need to find a new Supplier?
Visit our VENDOR
SHOWCASE which features suppliers to the Background
Screening Industry.
Suppliers
to the Background Screening industry Guide Now Available!
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here or on image to get a copy
2013
Suppliers to the Background Screening industry Guide Coming Soon!
 News: USCIS Updates E-Verify
User Manual for Employers
Welcome
to the 'E-Verify User Manual for Employers.' This manual provides
guidance on E-Verify processes and outlines the rules and responsibilities
for employers enrolled in E-Verify. All users must follow the
guidelines set forth in the 'E-Verify Memorandum of Understanding
for Employers (MOU)' and the rules and responsibilities outlined
in this manual.
Read more
Grab a latte
and pull of a chair and join us for a great interview with Jen
Hoots, Business Development.
 Prior to coming into
the background screening industry, Jen earned her Bachelor of
Science degree in Criminal Justice. After graduation from UNC-Charlotte,
her intentions were to begin a career in law enforcement. Her
focus changed direction when she began working for an insurance
company in their Fraud Division. She worked closely with private
investigators and adjusters nationwide to review investigative
reports and surveillance videos in order to uncover insurance
claim fraud. As a result, she started working on obtaining her
PI License. She found her work stimulating and interesting and
realized she was enjoying Criminal Justice in a different light.
She soon began working as a Criminal Researcher and Adjudicator
for a large Consumer Reporting Agency.
Fast forward
to the present and she has been in the industry for almost 10
years with the last seven of those with RapidCourt. Starting as
a researcher in this field has helped her tremendously with her
achievements in wholesale sales. Having adjudicated thousands
of records in their raw form, I can contribute insight regarding
what our clients and their research teams need the end result
to include, as well as how it should appear. She has a clear understanding
of what the CRA partners require to provide their clients with
quality reports.
She note
that having a child that is surrounded daily by teachers, volunteers,
bus drivers, store clerks, etc. amplifies her attentiveness to
a quality background check. In this field you come across some
terrible reports that hit too close to home. She reflected and
with a smile indicated "It feels good knowing the work I perform
on a daily basis does help make a difference."
Speaking
of the work you do, she mentioned that "RapidCourt's mission is
to connect CRAs to the information they need so they can effectively
compete in the ever evolving background screening industry." She
added proudly, "RapidCourt is constantly evolving its technologies
and service offerings. We recently released two new versions of
our CCS Guardian Service. Our Guardian Service monitors your client's
employee populations and alerts you when one of their employees
is associated with new criminal activity. Built to easily serve
CRAs that wish to transition existing client accounts or new client
start up, RapidCourt's Guardian Service delivers unrivaled monitoring
solutions."
Jen added
that "Controlled criminal data is a key ingredient to a reliable
background check. It allows the Data Aggregator, RapidCourt, to
initiate updates in a timely manner, and maintain data integrity
- by going direct and closely monitoring Source changes. Whether
it is changes to the data format or the Source's Terms of Use
verbiage, RapidCourt has programs in place to quickly make the
necessary adjustments, while remaining legally compliant."
She went on to say that "Not only does RapidCourt have the most
sophisticated data acquisition tools and expertise in our industry,
we are the largest procurer of real-time North Carolina data in
the world - and we are very proud of that!" She explained that
the company conducts over 600 thousand NCAOC screens
each month for our clients so that we can provide the data our
clients need exactly when they need it. A key point she
emphasized is that "the entire RapidCourt team is "partnership"
oriented" Jen added that " We believe in building our relationships
by working alongside our partners to serve them with the tools
they need and give them the service they deserve."
I then posed my favorite question, "If you could look into a crystal
ball, let's say 10 years down the road, what do you see happening
in the background screening industry?" She thought about it for
a moment, and shared that she thinks the redacting of
identifiers is scary. She noted that she is wondering if other
ways of correlating applicants to criminal records are on the
horizon and that she wouldn't be surprised if we begin seeing
technology at a whole new level over the next few years to minimize
false positives. Perhaps that a hint of what RapidCourt may be
bringing to the market in the future!
As we turn the dialogue to focus on her she indicated the
most recent book she has read was "If You Give a Pig a Pancake"
by Laura Numeroff. She grinned saying "It is my 3 year old daughter's
favorite book."
She said the person she would most like to meet is NHRA
top Fuel Champion -Shirley Muldowney. In 1965, she was the first
woman licensed by NHRA to go speeds over 150MPH. Against all odds,
she continued to fight and soon proved she could keep up with
men by winning three Top Fuel Championships. She note that "Growing
up at race tracks with my dad and now with my husband, I have
a huge appreciation for what Shirley Muldowney has accomplished
both on and off the track. I am sure she has some pretty unbelievable
stories to tell, and I would love to hear just a few…..maybe
get a few pointers, too."
In closing,
she said her favorite quote is "You have enemies? Good. That means
you've stood up for something, sometime in your life." - Winston
Churchill
Jennifer may
be contacted at jhoots@rapidcourt.com
or 704-997-0101 x 145
How Awareness
and Communication Improve Workforce Protection
Kelly Services,
a global staffing provider with 560,000 employees worldwide, has
a senior manager in their Global Security group who is focused
on preventing workplace violence. Paul N. Whelan is working to
empower Kelly Services managers, and those responsible for security
concerns around the globe, to address the workforce protection
needs of their employees in their domestic and foreign branch
offices. Whelan says, violence in the workplace is more prevalent
of an issue in the United States, but abroad, there are other
issues to focus on.
In the U.S.
"The key is to understand what can lead to violence and mitigating
the risk from there," Whelan says. To account for the variety
of risks that managers face worldwide, Kelly Services offers a
teleconference class tailored to each unique audience on "Promoting
a Safe Workplace." For U.S. managers, the course is targeted towards
regional vice presidents and staffing supervisors, instructing
them in the basics of mitigating workplace violence risks, how
to partner with local law enforcement and how to discuss potential
issues with employees. Overseas, it focuses on getting employees
to work safely during a protest or ensuring staff (and their family's)
safety after a natural disaster.
Whelan recommends
building a workforce protection policy with a top-down approach:
"Leadership must understand then empower and support your security
initiatives," he says. "When you have a senior sponsor, people
stand up and take notice."
Read more
| INTERNET
MARKETING TIPS FROM INTERNET MARKETING GURU 'SANTA' ED
TAYLOR |
How
Does a Hummingbird Think? According to Google- "Quickly And Precisely".
Google's
latest update, the most comprehensive in 12 years; called Hummingbird,
is totally changing SEO. Keywords are now obsolete. And small
business owners have a very unique opportunity to gain a competitive
advantage in the search rankings.
In many ways
small business owners and Google are diametrically opposed.
You, as a
small business owner, want your website to rank at the top of
Google's search rankings. You want their users to come to your
website and then you want to sell these Google users your products
or services. Sound about right?
Google on
the other hand simply wants to help their users get their questions
answered. Google wants their users to appreciate the sites they
have prioritized for them. They want their users to feel good
about the sites, have a good user experience and most importantly-
quickly and easily find the answers to their questions. Sound
about right? Just to be clear, Google has no interest in subjecting
their users to your sales pitch.
Let's say
I'm looking for a chiropractor while I'm here in Irvine, California.
What do I do? I take my iPhone, go to Google and SAY, "Who is
the best chiropractors in Irvine California". What if I'm looking
for a printer? I SAY, "Where is the best affordable quick print
service in Orange County California".
In the old
days I would have typed in a series of keywords "Chiropractor
Irvine" and "Orange County printer." Now Google, with its "hummingbird
brain" is smart enough to quickly and precisely evaluate ALL of
the content, of all of the websites, and produce search results
that are not based on keywords but based on the entire content
of the site. Google then factors in a number of other things,
like the "authority" of the site, it's load time, age, etc., etc.,
etc.
If you have
any questions about this post, getting help with your Internet
marketing or anything at IMGmembers.com
please send Ed Taylor an e-mail or call us at 541-482-4840.
You can also
access his free Internet marketing course at- http://imgmembers.com/free-e-course/
HRinfodesk Poll Result and Commentary: Do You Conduct
Criminal Record Checks? Should You?
Criminal record checks are often in the news, and the
Canadian federal government was part of that news with recent
changes to pardons (now called "record suspensions") and a program
that encourages employers to hire offenders. So we thought it
would be a good time to ask our readers:
"Does your organization conduct criminal record checks on potential
candidates?" Of the 315 people who responded:
· 36.5
percent (115) said they use criminal background checks,
· 42
percent (133) said they don't.
· Another
21.2 percent weren't sure.
Employers
are increasingly looking to police record checks to inform their
hiring decisions. Not surprisingly, at the same time, individuals
are increasingly complaining about information the police and
other sources disclose in record checks, as well as discrimination
based on criminal records. No doubt a criminal record check can
provide a valuable look at a job candidate's past. Indeed, checks
are required for certain jobs, particularly working with vulnerable
persons. Even so, improper use of the information can easily lead
to violations of human rights and privacy legislation.
Read more
Manitoba
Passes Private Sector Privacy Legislation
On September
12, 2013, Bill
211
The Personal Information Protection and Identity Theft Prevention
Act , a Private Member's Bill, passed Third Reading
in the Manitoba Legislature. It received Royal Assent on September
13, 2013. Subject to specified exemptions, Bill 211 will apply
to all organizations in the province (including private sector
organizations) and will govern the collection, use, disclosure
and care of personal information by those organizations. Like
other Canadian privacy statutes, Bill 211 is based on "fair information
practice principles."
Bill 211
will come into effect upon proclamation. For more information
on Bill 211, see our FTR Now of Septermber 30, 2013,
" New Privacy Legislation
in Manitoba ."
Read more
EU LIBE Committee Adopts EU Data Protection
Compromises; Reform Package Set for Parliamentary Vote
The EU Parliament's
Committee on Civil Liberties, Justice and Home Affairs ("LIBE")
voted to adopt its report on the draft General Data Protection
Regulation and the separate Directive for the law enforcement
sector. This vote sets out the Parliament's position for its negotiations
with the Council and Commission (known as the "trialogue" stage).
The Committee aims to have a plenary Parliamentary vote in March
before the Parliamentary elections.
The report
contains significant amendments compared with the original draft
prepared by the European Commission in January 2012. The vote
now permits the Parliament to proceed to the trialogue negotiation
with the Council and Commission once the Council has reached an
agreed position. Previously the high number of amendments (approximately
4,000) proposed by the Parliament to the legislation had given
rise to concerns that the Regulation would not be passed before
the next European elections. Now that the European Parliament
has made its position known, pressure will shift to the Member
State governments to reach agreement on a position within the
European Council. Once a common position is reached, negotiations
can begin with the European Parliament and Commission.
Read more
 Don't
Let Employment Investigations in APAC be the Weakest Link
in Your Background Screening Services.
The
best designed background screening program is only as good
as its weakest link. With more than 11 countries represented
in the APAC Chapter of NAPBS our trusted members can help
you meet your employment screening needs in the APAC region.
Click
here to see the countries represented.
To tap into some of the best employment screening firms
in APAC advertise in the APAC Background Screening
Report. It’s your source to access the APAC
region to find a trusted employment screening partner.
Click
here to see the APAC Background Screening Report
Media Kit to strengthen your employment screening
services today.
|
How
To Work With Your European Data Protection Authority
At the IAPP
Privacy Academy in Seattle, Washington, Harriet Pearson, Partner
in the Hogan Lovells Privacy and Information Management Practice,
hosted a breakout session entitled How to Work with Your European
Data Protection Authority. The Session featured Billy Hawkes,
Data Protection Commissioner of Ireland, and focused on providing
privacy practitioners with practical advice on how to approach
a Data Protection Authority (DPA) and earn their trust. The session
also addressed practical compliance questions for European markets,
gave advice on making successful regulatory filings, and gave
tips for handling complaints and other challenging situations.
Read more
BITC
and Boots Urge UK Businesses to 'Ban the Box' for Criminal Records
Business-led
charity Business in the Community (BITC) is launching a campaign
spearheaded with Boots calling on UK firms to 'Ban the Box' and
remove the tick box from application forms that asks jobseekers
about criminal convictions. With 9.2m people in the UK holding
a criminal record, Edwina Hughes, the campaign manager for reducing
re-offending at BITC, said: "Using the blunt instrument of a tick
box, employers reject passionate, skilled employees." It also
costs the taxpayer more, as unemployed ex-offenders are far more
likely to re-offend. This can range from someone who has received
a £300 fine for a driving offence and has to tick the box
for five years, to someone with a prison sentence of more than
two and a half years who has to tick the box for the rest of their
life. Boots will seek to have removed all tick boxes by early
next year, although he adds that "in the interim no candidate
will be eliminated on the basis of their conviction alone". Companies
are also asked to publically highlight their commitment and share
best practice, and individuals are asked to contact their HR departments
and urge them to join the campaign. "It's simply unfair to apply
a 'tick box' system to 'offenders' as there are so many different
factors in-play around each case," said Rick Mower, the chief
executive officer of Aspire Oxfordshire, a former Recruiter charity
of choice. "Removing the 'tick box' is a great step forward."
Read more
How
To Work With Your European Data Protection Authority
At the IAPP
Privacy Academy in Seattle, Washington, Harriet Pearson, Partner
in the Hogan Lovells Privacy and Information Management Practice,
hosted a breakout session entitled: How to Work with Your European
Data Protection Authority. The Session featured Billy Hawkes,
Data Protection Commissioner of Ireland, and focused on providing
privacy practitioners with practical advice on how to approach
a Data Protection Authority (DPA) and earn their trust. The session
also addressed practical compliance questions for European markets,
gave advice on making successful regulatory filings, and gave
tips for handling complaints and other challenging situations.
Lovells has published Working with your European DPA, a quick-reference
resource guide on how to build a productive relationship with
your DPA and featuring contact information of all national European
Data Protection Authorities and the European Data Protection Supervisor.
Steps to a productive relationship with your DPA include: In the
jurisdictions important to your organization, identify the DPAs
and their key staff; Understand the DPA's current priorities and
prior statements and positions; and Identify the filing and registration
requirements in the DPA's jurisdiction, and make sure your organization
takes steps to comply.
Read more
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Background
Screening Jobs |
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Visit
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.
www.backgroundscreeningjobs.com
|
UPCOMING CONFERENCES, COURSES & EVENTS |
Feature
Education:
 |
FCRA
Basic Certification Webinar Series Update
The
FCRA Basic Certification program series is now available
for purchase.
For
more information |
2013 Events ( Click
Here to View full list of Events ) - Updated
Monthly
SHRM
State Conferences, visit
http://www.shrm.org/Conferences/StateAffilliateConferences/Pages/default.aspx
Drug
and Alcohol Testing Industry Association (DATIA), 2013 Training
Course Schedule, visit
http://datia.org
SAPAA
Training Institute Learning Events, http://www.sapaa.com/
CUPA-HR
Conferences: http://www.cupahr.org/
World
Federation of People Management Associations, Events,
http://www.wfpma.com/events/by-region#quicktabs-tab-view__events__page_3-4
|
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