EDITOR'S MESSAGE
Sanoe! (general greeting in Solomon Islands) I am very happy to extend a sincere thanks to each of you who sent a post card for my granddaughters pre-school contest to see who could get the most cards from different states. Because of your efforts, she won the contest. I am eternally grateful to you. Suppliers we will be announcing the 2016-17 Suppliers to the Background Screening Industry Buyers Guide shortly. Stay tuned for your information packet so you can sign up. CRAs and international background screening firms the 2016-17 Annual Background Screening Industry Resource Guide will once again be launched at the SHRM Annual Conference and distributed to 30,000 HR Managers. Watch for the announcement on this great way to reach decision makers in the HR community. Also as you start planning your budget keep in mind our new HR eDirect Mail Service which contains over 130,000 HR Managers. We are selling the list on a state by state basis and it is one of the highest quality list you will find on the market. Click here to read about the service or contact me at wbnixon@Preemploymentdirectory.com to get your sample of up to 100 HR email contacts. Private Invitation for Accredited Background Screening Firms We will be launching in 2016 a new publication, Background Screening Best Practices: Insights from Accredited Background Screening Firms. This will be a 'one of a kind' publication that will showcase firms that have earned the highly coveted status of accreditation. The publication will be widely distributed to the HR community. You don't want to miss this unique marketing opportunity. Thanks for joining us this month and may God's blessings be with you.
P.S. Babatana,also spelled Mbambatana is the principal indigenous language of Choiseul Province, Solomon Islands |
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IN THIS EDITION
The Green Screen: Special Report: Background Checking Providers Background screening is a $2 billion-a-year industry and has become a ubiquitous process that is tied to avoiding hiring liars, cheaters, violent felons and candidates who do not possess the prerequisite skills or experience. Compliance has become a major issue with the growth of 'Ban-the-Box' legislation, FCRA violation lawsuits and the EEOC's focus on discrimination caused by the inappropriate use of criminal and arrest records for employment purposes. In addition to having to deal with increasing compliance issues related to background screening, employers also face challenges with the speed and efficiency of the process. In response, leading background-screening providers are automating their processes and streamlining information-gathering steps while making sure their in-house experts stay abreast of changes in national and global regulations. The companies on Workforce 'Hot List' continue to focus on helping their clients to address these duel challenges. For over twenty years the industry has recognized and used the National Retail Security Survey (NRSS) as a key benchmark for retail loss prevention. This retail security research project studies numerous elements of workplace-related criminality, along with identifying successful security counter-measures to protect people, assets, and brands in the retail industry. Now in its twenty-fourth year, the NRSS is a nationwide annual study comprising the most recent empirical data on retail loss prevention. Retailers surveyed reported an average shrinkage of 1.38% at retail in 2014. This is the lowest shrinkage percentage level observed in the history of the NRSS. There is no other property crime that costs the American economy more than these non-violent offenses occurring in the retail store. The Hiring Process Tightrope - Tips for Employers in the Senior Care Space to Navigate the EEOC's Guidance on Criminal Background Checks and "Ban the Box" Laws For employers in the senior living and long-term care industry, criminal history information is a crucial tool in the hiring process. Various state and federal laws prohibit retirement communities from employing individuals who have been convicted of certain crimes involving abuse, neglect, or mistreatment. Despite this, federal agencies and state governments are increasingly limiting an employer's use of criminal history information through constraints on background checks and new "Ban the Box" laws. Navigating these legal hurdles while maintaining employee and resident safety can baffle even the best-intentioned administrators, executives, and attorneys. In this article, we summarize the EEOC's guidance on the use of criminal history information, explain why "Ban the Box" initiatives matter, and outline strategies for compliance. The Background Check Conundrum: "Manufacturing" a Problem (Pun Intended) I am a longtime advocate of pre-employment criminal background checks. So I have watched with resigned acceptance as the EEOC, over 100 states and cities across the United States, and other public advocates have fought to limit the use of an applicant's criminal history in all but limited circumstances. Against this "ban the box" tsunami, some employers also have been attacked for not being aggressive enough in rejecting applicants based on their criminal backgrounds. The "Catch 22" has left some employers in doubt as to the course to take. Manufacturers will be well served to review their policies and practices accordingly. Improper Use of Criminal Background Checks Could Cost You Millions There is a growing movement to "Ban the Box" that has materialized in various states and local governments severely restricting, or absolutely prohibiting, the use of criminal background checks by employers. Over the past few years, the EEOC has challenged employers for their use of criminal background checks - finding that the estimated 30% of American adults with criminal records were unfairly being denied gainful employment. Lawsuits filed by the EEOC alleging discrimination, as well as class action lawsuits by individuals alleging violations of the FCRA relating to background checks, have resulted in significant settlements. In addition to complying with the FCRA's many requirements, employers must also stay abreast of and comply with constantly evolving and expanding legislation resulting from the "Ban the Box" movement. Advocate General of the European Court of Justice Issues Opinion Regarding Safe Harbor On September 23, 2015, Advocate General of the European Court of Justice Yves Bot issued his Opinion in the case of Max Schrems, which is currently pending before the Court of Justice of the European Union (The CJEU). In the opinion, the Advocate General provided his views concerning two key issues related to the U.S.-EU Safe Harbor Framework: (1) the powers of national data protection authorities to investigate and suspend international data transfers made under the Safe Harbor Framework and (2) the ongoing validity of the European Commission's Safe Harbor adequacy decision. It is yet to be seen whether the CJEU will reach the same conclusions as the Advocate General. In the interim, it is likely that this Opinion will increase the pressure on U.S. and EU government authorities to reach agreement on a revised U.S.-EU Safe Harbor Framework. Are you OK with the F-C-R-A? The Fair Credit Reporting Act isn't just about credit. If your company uses background checks in making personnel decisions, the FTC reminds you of your obligations under the FCRA. In honor of Throwback Thursday, here's an unconventional old-school summary of key requirements under federal law. Spin the mirrored disco ball and join us on the dance floor for "F-C-R-A." Employers, there's a law that applies when a prospect's background you scrutinize. Just remember to dot all the i's. Get consent in written format. Are you OK with the F-C-R-A? Are you OK with the F-C-R-A? Exercise care with that consumer report if you're eager to stay out of court. Supposing you like 'em a lot, but the screening reveals a bit of a blot. The law says you must give them a shot to explain misinformation. Are you OK with the F-C-R-A? Are you OK with the F-C-R-A?
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Recent Events Highlight Potential Need to Background Check Realtors; States TenantScreeningUSA.com In light of recent court cases in Las Vegas and Madison County, IL, realtors may be an overlooked group of professionals requiring background checks prior to providing services. Adam Almeida, President and CEO of TenantScreeningUSA.com said, "Where there is a money transaction and the sharing of vital personal data such as social security numbers, individuals must protect themselves as best they can from potential fraud." Across the United States citizens are protected to a degree by the licensing required of realtors. But there are certain weaknesses in the licensing procedure that may allow a bad realtor to get a license. All states and the District of Columbia require Real Estate agents to be licensed, but only half of all states conduct background checks, according to the Association of Real Estate License Law Officials. States that do conduct checks may not delve that deeply into an agent's background.
Recent Rental Housing Legislation May Affect Your Business Recently there have been changes throughout the country that can affect the way your business must work with applicants during the rental screening process. If you are affected by any of these changes, be sure your policies are updated, or that you voice your opinion to oppose them before it is too late. In addition to federal regulations there can be further provisions required by the state your business is operating in. While the information contained in this article is state specific, make no mistake that they can easily spill over to affect others. Oftentimes if a state finds approval to make a change other states are more likely to adopt the same, or a similar, policy. Be sure to remain vigilant in knowing what your state might be proposing because it may negatively impact your business.
Background Check Completion Act Introduced in House of Representatives A South Carolina Congressman has introduced the Background Check Completion Act in the U.S. House of Representatives to close a loophole that allowed the purchase of a gun allegedly used to kill nine people at a church in Charleston in June 2015, according to a press release from the office of Assistant Democratic Leader James E. Clyburn (D-SC 6th District). "The Background Check Completion Act will guarantee that no gun is sold by a licensed dealer until a background check is completed," Congressman Clyburn stated in the press release. "Tragically, the Charleston shooter was allowed to purchase a gun even though the FBI had not completed his background check. This should never be acceptable."
The city of Wichita, Kansas has joined the Ban the Box movement by implementing a new program called the Fair Chance Initiative where public sector job applications will no longer ask candidates to check a box if they have a felony conviction. The Ban the Box program allows the city to conduct a background check after a candidate accepts a position. According to research from the National Employment Law Project (NELP), more than 100 cities and counties as well as 18 states have adopted some form of Ban the Box policy. A St. Louis, Missouri woman has filed a lawsuit against the "big three" credit reporting agencies - Equifax, Experian, and TransUnion - for declaring her "deceased" in her credit files and making it impossible for her to receive credit or loans. After months of trying, she convinced Experian and TransUnion she was alive but is unsure about Equifax. The lawsuit also claims her credit reports from Experian and TransUnion were "riddled with inaccuracies" such as incorrect names, addresses, and credit lines. Trans-Union and Experian representatives could not comment on pending litigation while Equifax needed more time for research. The Fair and Accurate Credit Transactions Act (FACT Act) of 2003 allows consumers to obtain free copies of their credit report once a year from each of the "big three" credit reporting agencies. U.S.
LEGAL CHALLENGE 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. Question: Maine Enacts New Social Media Privacy Law Class Action Lawsuit Claims Bank Violated FCRA with Background Checks Georgia Law Taking Effect July 1 Offers FCRA Protections Fort Myers FL to Ban the Box on City Job Applications FCRA Class Action Lawsuits Rise Sharply in June 2015 States Try to Make the Grade with Student Data Privacy Efforts Universal Studios and the FCRA Roller Coaster Whole Foods Settles Background Check Class Action Lawsuit for $803K New FINRA Rule on Background Checks Class Suit Targets Uber's Pre-Employment Background Checks A Bipartisan "Ban the Box" Bill is Introduced in Congress BMW Signs Consent Decree - Background Screening State Appellate Court Considers Employer's Duty to Conduct Criminal Background Checks Public
Record Update Tips Sheet for Searching Court Records
This article is an excerpt from the Guide to County Court Records - © BRB Publications, Inc. PRRN
RESOURCES Public Record
Retriever Network - www.PRRN.us Pre-Offer Drug Tests Were Not Impermissible Medical Examinations Under the ADA, Court Holds More Americans Using Marijuana: Government Report Drug Test Entitles Workers to Union Rep Employment Alert (US): Guidance Clarifies NYC Employers' Obligations Under Credit Check Law DATA PROTECTION & PRIVACY EU - US Umbrella Agreement About to be Concluded: Towards a Transatlantic Approach to Data Protection? Background Check Data Breach Affects 21.5 Million People SJV Hires Nitza Lamas as Vice President of International Solutions & Compliance Nitza brings over 25 years of experience in the Background and Pre-Employment Screening Industries to SJV's Senior Management Team. During this time she has spearheaded numerous organizations' efforts towards business optimization through process improvements, product development, and system enhancements. "I'm thrilled to welcome Nitza to the SJV family, as she brings not only a wealth of industry-specific knowledge and experience, but also a proven track record of success with many of our existing customers", said Scott Vanek, Founder & President of SJV. "Our commitment to providing the best customer experience is what defines SJV, and hiring Nitza is a direct reflection of this." FCRA Basic Recertification Now Possible With Professional Development Credits The National Association of Professional Background Screeners is proud to announce a new recertification option for the FCRA Basic Program. Earn FCRA Basic Recertification by attending NAPBS educational tracks at conferences and webinars. FCRA Basic Recertification Timeline & Fees For FCRA Basic Recertification, you must submit your Professional Development Credits (PDCs) or take the recertification exam by the end of your two-year certification period.
Recertification By Credit Submission Five PDCs are needed to qualify for FCRA Basic Recertification. PDCs must be submitted to NAPBS by the end of the two-year recertification period. Once the recertification application is complete and has been approved, your next two-year recertification period will begin from your existing end date. Complete submittal instructions will be posted to the NAPBS website.
Sessions qualifying at the 2015 Annual Conference:
Recertification By Exam You still have the option to maintain your FCRA Basic certification by taking the recertification exam. ONE
SITE! MANY SUPPLIERS! The 2015-16 SUPPLIERS TO THE BACKGROUND DOWNLOAD
YOUR COPY OF THE 2015-16 BUYERS GUIDE NOW! Kevin Coy is a Partner in the Washington DC office of Arnall
Golden Gregory LLP. Kevin Kevin can
be contacted at Kevin.Coy@agg.com or 202-677-4034. THE
WASHINGTON REPORT September 2015 At the Supreme Court On September 9th, the Supreme Court announced that oral arguments in Spokeo v. Robins have been scheduled for Monday November 2nd. On Capitol
Hill On September 24th, Sen. Pat Toomey (R-PA) introduced S. 2077 to "amend the [FCRA] to clarify the ability to request consumer reports in certain cases to establish and enforce child support payments and awards." On September 16th, Representative Steve Cohen (D-TN) introduced HR 3524, the Equal Employment for All Act. The Senate version, S. 1981, is sponsored by Senator Elizabeth Warren (D-MA) and was introduced August 5th. The bill would amend the Fair Credit Reporting Act (FCRA) to restrict the use of information bearing on creditworthiness, credit standing, or credit capacity for employment purposes or employment adverse actions. On September 10th, Rep. Elijah Cummings (D-MD) introduced HR 3470, the Fair Chance Act, which would "prohibit federal agencies and federal contractors from requesting that an applicant for employment disclose criminal history record information before the applicant has received a conditional offer." Sen. Cory Booker (D-NJ) introduced the Senate version, S. 2021. According to a statement published on the House Oversight and Government Reform Committee's website, the bill would assist formerly incarcerated individuals in obtaining a "fairer chance at securing employment." At the Department of Commerce On September 28th, the U.S. Mission to the European Union (EU) issued a statement indicating that the US and EU continue to negotiate reforms to the EU-US Safe Harbor Program for transfers of personal information from the EU to the United States and to question what the mission refers to as "numerous inaccurate assertions about intelligence practices of the United States" in a September 23rd opinion from the European Court of Justice's Advocate General which recommended that the ECJ invalidate the EU's decision finding that the Safe Harbor program provides "adequate" privacy protection under EU law. At the CFPB On September 8th, the CFPB filed an amicus brief with the U.S. Supreme Court in Spokeo, Inc. v Robins, a lawsuit alleging that Spokeo, Inc. (Spokeo) violated the FCRA by publishing inaccurate information on the plaintiff. In its brief, the CFPB expressed support for the plaintiff's standing to sue, arguing that a plaintiff can show the "injury in fact" requirement for Article III standing "by demonstrating an invasion of his own legally protected interests" as long as the plaintiff can show the invasion was "actual and concrete." On August 25th, the Consumer Financial Protection Bureau (CFPB) released its monthly consumer complaint "snapshot," which focused on credit reporting complaints. According to the CFPB, consumer credit reporting complaints "sharply increased compared to the prior month and the prior year." At the
EEOC On September 8th, the U.S. Equal Employment Opportunity Commission (EEOC) announced that BMW Manufacturing Co., LLC (BMW) entered into a consent decree, requiring BMW to pay $1.6 million to settle EEOC allegations. At the
FTC On September 16th, the Federal Trade Commission (FTC) published a blog post about the Fair Credit Reporting Act's (FCRA) Furnisher Rule. In the post, the FTC highlighted its recent enforcement action against Tricolor Auto Group (TAG), requiring TAG to pay approximately $82,000 to resolve alleged violations of the FCRA by "fail[ing] to have written policies and procedures regarding the accuracy of reported credit information, and fail[ing] to properly investigate disputed consumer credit information." On September 8th, the FTC released a closing letter regarding an FTC Staff investigation into an employer's compliance with the FCRA which involved the exception to the definition of consumer report in FCRA § 603(y) for certain employment investigations. Welcome
to the eVerify Challenge Question! SPONSORED
BY Welcome to the eVerify Challenge Question! Nicole A. ("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. The Challenge
Question: If an employee presents a Permanent Resident Card for I-9 purposes, the employer should not reverify upon its expiration. Company Fined $600,000 for I-9 Violations The Office of the Chief Administrative Hearing Officer (OCAHO) has ordered Hartmann Studio, Inc. to pay a fine of over $600,000, which is one of the largest fines that it has ever assessed for I-9 form violations not involving the knowing employment of undocumented workers. The violations were all substantive paperwork violations - the employer failing to sign Section 2 of the I-9 form, failing to timely prepare or present I-9 forms, failing to ensure employees properly completed Section 1 of the I-9 form, and failing to properly complete Section 3 of the I-9 form. ICE sought over $800,000 in penalties based upon an error rate of approximately 90%. However, OCAHO determined Hartmann's conduct was not as bad as employers in three other recent cases and lowered the amount. Employers Might Want to Rethink the I-9 Review Process A large clothing retailer recently entered into a settlement agreement with the Department of Justice (DOJ) following an allegation that the company discriminated against a non-US citizen in violation of federal immigration laws, including the Immigration and Nationality Act. The employer required the employee to produce a green card as part of the I-9 process. As a reminder, employers are not permitted to ask for a specific form of identification when collecting I-9's. Employees can choose from the available options on the form, and employers must take what they get. The DOJ settlement includes a hefty back-pay award and DOJ monitoring of the company's employment verification practices for the next two years. Companies should reevaluate and monitor their I-9 verification and re-verification practices. E-Verify Program Set to Expire The E-Verify program is set to expire 9/30/15 unless it is reauthorized by Congress. So what does that mean for employers who use E-Verify? The program is administered by U.S. Citizenship and Immigration Services (USCIS). It was created as the Basic Pilot program back in 1996, and over time it has been renamed E-Verify. Over the years it has been reauthorized by Congress for a set amount of time, usually at the last minute. Last time it was reauthorized (in 2012) it was reauthorized for a period of 3 years, until September 30, 2015. Congress is currently in recess until September 8, although discussions are on going about reauthorization for this program and three other programs set to expire at the same time (EB-5 visa program, Conrad 30 and religious worker visas). We can help you
have a high quality e-newsletter to help nurture your relationship
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Nixon at 949-770-5264 or at wbnixon@PreemploymentDirectory.com for more information. INTERNATIONAL
NEWS Anti-social elements attempting to take refuge in Tirupur will now have a tough time hiding from the police, thanks to a tenant information system being put in place by the Tirupur city police. Police officials have managed to gather data pertaining to 12,000 tenants till date. The database, second of its kind after Chennai, will have mobile numbers, family details, previous address, work details and an identity proof of the tenant. The tenant information system would also include a photocopy of the tenant's driving licence, ration card or voter ID card, passport, PAN card or Aadhaar card. The idea of a tenant information system was mooted after frequent incidents of anti social elements finding a safe haven in Tirupur. Tirupur police commissioner S N Seshasai, who initiated the process, said he did not want to force the public to hasten the preparation of the database. Go and Study or Go to Jail Deputy President, Cyril Ramaphosa has laid down the gauntlet on the issue of fake qualifications. Ramaphosa said that government is busy putting measures in place that will see those misrepresenting their qualifications being reported to the National Prosecuting Authority and possibly even facing jail time. For a while it seemed as if everyone had conveniently forgotten that a fake qualification is in fact fraud, which is in fact a criminal offense. This type of behaviour is not tolerated in the private sector and it's high time our state-owned enterprises are held to the same standard. To ensure that only qualified individuals are employed, the process of qualifications, experience and certificate verification must be thorough. The process typically involves reference inquiries, verification of qualifications as well as credit and criminal history checks. ADVERTISERS
IN THIS EDITION
Background
Screening Jobs 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 EVENT
CALENDAR Feature
Education: FCRA
Basic Certification Webinar Series Update The FCRA
Basic Certification program series is now available for purchase. FCRA Certification credits can now be earned through self development 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 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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Disclaimer Statement: All information presented is for information purposes only and is not intended to provide professional or legal advise regarding actions to take in any situation. Advertisements are presented for information and marketing purposes only and the National Institute for Prevention of Workplace Violence, Inc. makes no representations for any products or services that are promoted and accepts no responsibility for any actions or consequences that occur as a result of any purchases from advertisers. |