All Volunteers Should Pass a Background Check

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Summer vacation for kids across the country will come to an end and that means back to school.  Once school begins so does after school programs like sports, theatre and other extra curricula activities.  This is why it should be paramount that all volunteers involved with after school activities undergo a thorough and vigorous background screening including a comprehensive criminal background check.

It is believed that if all potential coaches, instructors, and related volunteers are aware of a pending background check as part of becoming an employee or volunteer that the actual background check itself will act as a barrier to entry for potential predators and malfeasant individuals.  They may think twice or forgo completely their application for a full-time, part-time or volunteer position if they know that a comprehensive background check will be performed on them.

These positions even including volunteer positions have a history of people committing crimes on children.

In Carmel, Indiana a volunteer swim coach was recently arrested for Sexual Exploitation of a Minor.  FOX59 from Indianapolis covered the story:

“An assistant swim coach at Carmel High School faces federal charges after prosecutors say he had sex with one of his athletes.

… is charged with sexual exploitation of a minor and possession of child pornography. U.S. Marshals took him into custody Tuesday. A detention hearing was set for July 10.”  fox59.com/2018/07/05/carmel-assistant-swim-coach-accused-of-having-sex-with-student-athlete-faces-federal-charges/

Any after school program or activity that allows for interaction with children, an at-risk-population, must ensure that all the adults involved whether employees or volunteers undergo a proper vetting process including thorough background checks that query the national sex offender registry and criminal court conviction records.

If all such employees and volunteers that have unsupervised time with children underwent a full and comprehensive background check this could greatly reduce the chances of recidivism and may assist in protecting this at-risk segment of the US population.

To read more about this subject read recent press release found here: Volunteers Should Always Pass a Vigorous Background Check; Opines CriminalBackgroundRecords.com

Stay Current with Ban-the-Box Laws

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When it comes to laws affecting employment screening in the USA there is none more prevalent than Ban-the-Box laws.  Ban-the-Box laws were designed and implemented to assist the class of citizens in this country with a previous criminal record to get a better chance of being hired.  By eliminating the question of “criminal history” from the job application form it is felt ex-offenders with criminal records will get a better chance at gainful employment.

It is very important that employers across the country pay attention to these ban-the-box laws that have been previously enacted and any new ones coming into law now and in the near future.  If an employer is in a jurisdiction, city, county or State with such laws in place then they have to obey them which means they will most likely have to update their employment screening policies and procedures.  It is not just about removing the question of criminal history on the job application, it is also about when and why employers can legally perform criminal background checks on their applicants.

The ban-the-box movement is still very alive and active in the USA.  It is now incumbent on employers in this country to not only pay attention to these laws but to also make the necessary changes to their pre-employment background screening processes in order for their hiring practices to remain or become legally compliant.  It has become clear all across the country and through such laws that the act of discrimination in the hiring process and discrimination in the housing industry will no longer be tolerated.

From the National Law Review’s webpage (Jun 08, 18)

“Ban the Box” laws prohibit or limit an employer’s ability to ask a job applicant about his or her criminal record. States, counties and cities have enacted this legislation to help applicants with criminal records combat additional barriers to securing employment.  natlawreview.com/article/ban-box-updates-massachusetts

As of this publication date all across the country a large number of states and cities have already enacted some manner of ban-the-box legislation.

With this kind of constant change in law it is very wise and a best practice for employers all across the country to partner with a professional employment background screening company to help them remain compliant in all aspects of the hiring process.

To read more about this subject read the recent press release: Stay Current with Ban-the-Box Laws

Caregiver Abuse Still in the News

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Current headlines highlight the continuation of caregiver abuse in the USA.  Children and the elderly are considered at-risk populations that need to be protected and under the care of good people not malfeasant individuals.

From daycare facilities to at home care the opportunity for abuse remains.  This is why all caregivers prior to given unsupervised access to children and the elderly must pass a thorough background screening that includes a criminal background check, sex offender registry search and verifications as well as proper reference checks.

Managing risk is the central precept of background screening.  The ability to mitigate risk through careful and lawful use of public records such as criminal background records as well as thorough verification of references is of critical importance to those utilizing background checks for caregivers.

In Indiana horrific details emerged as a daycare facility allegedly allowed a 1-year-old child to be beaten and severely injured.  During the course of an investigation several significant violations were discovered.

From MSNnewsnow.com (May 04, 18):

Violations included: no drug screen completed for caregiver, no consent form submitted for caregiver, no fingerprinting for national background check. Violations also included: unqualified caregiver present, two lack of supervision violations and child abuse not immediately reported by caregiver. As a result, the location was shut down.  msnewsnow.com/story/38112300/daycare-shuts-down-after-1-year-old-beaten

A professional pre-employment background check, one with a complete drug screen, background checks, verifications, reference checks and a compliant consent documentation, may help deter malfeasant individuals from gaining access to at-risk individuals like the children and elderly.

In the USA today it still remains a best practice to fully vet all caregivers, family or professional using a well-qualified third-party background screening agency, one that remains fully compliant with law and has the capability to draw information from public records and can complete thorough reference verifications and aid in confirming the accuracy of caregiver job applications.

To read more about this subject read recent press release: Caregiver Abuse Remains in the Headlines

Time to Consider Volunteer Background Checks

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The summer time is approaching and for many families that means time for summer camps.  During the summer break children across the country will participate in a wide variety of activities in away-from-home destinations.  Some camps are day time only while others include sleep overs.  Such camps and programs can be great experiences for kids and a time to learn more about themselves and how to get along with others.  However, whenever there is an occasion where adults spend unsupervised private time with children the threat of abuse exists.

It is difficult enough for a parent to let go of their child for any extended stay away from the family.  But the concern of an adult abusing their child is even greater.  This is why parents should demand that the organization or camp that they will be entrusting their child too has gone through a thorough and reliable background check.  This should also include all volunteers as well.  Volunteer background checks are just as important as performing background checks on full time staff and employees.

In Massachusetts local government is facing pressure to expand background screening for volunteers and has developed plans to implement expansion.

From the Eagle Tribune (Apr. 12, 18):

Workers at summer camps, preschools and day care centers that get federal grants may soon need to be fingerprinted and subjected to national criminal background checks.

A plan filed by Gov. Charlie Baker expands background check procedures for the Department of Early Education and Care to comply with new federal rules, which require a check on the National Sex Offender Registry.  eagletribune.com/news/state-under-pressure-to-expand-background-checks/article_83c3c960-0c9b-56ae-8a63-047e27ce4124.html

Background screening is an invaluable tool to assist Camp Program managers in protecting children from potential predators.

Often a well-defined and well-publicized pre-volunteer or employment background check can prove a first line of defense against predators.

Organizations that take the extra step with a thorough volunteer background check are providing that line in the sand against potential malfeasance.  Often understanding that a camp performs background checks on its volunteers is enough of a deterrent to give a predator pause before pursuing a volunteer role.

It is essential that parents ask the summer camp or organization they are leaving their children with about the background screening program in place and demand thorough criminal background checks and other essential background checks on not just full time staff and employees but volunteers as well.  Children are considered an at-risk population and making sure due diligence is performed helps protect the youth from malfeasant individuals.

To read more about this subject read the recent press release found here: Avoid Summertime Blues and Conduct Volunteer Background Checks

EEOC and FCRA Lawsuits can be Expensive – Using a Background Screening Company can Help

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The use of public records such as criminal background records in the hiring process or rental process are regulated by certain entities and specific rules apply to when and how they can be used.  Additionally, employment screening utilizing employment background checks like criminal background checks are not just regulated by a number of agencies including the Equal Employment Opportunity Commission (EEOC) and Fair Credit Reporting Act (FCRA) but are also enforced meaning these agencies can sue companies that violate applicable law.

These kinds of lawsuits can be very expensive for any company and may be avoidable by partnering with a professional well-qualified background screening agency, one that understands that the actual screening process can be very complicated and requires a number of steps that are regulated by law.  Having a legally compliant hiring process can help thwart lawsuits and protect a company from financial risk.

Every year in the USA lawsuits involving action by the EEOC and based upon the FCRA come to trial.  Regardless of the result of a court trial, litigation is a costly expenditure for a company.  This cost could be even greater if the company loses the lawsuit.

The cost of litigation is expensive and, in some cases, may be avoidable.  It still remains a best practice for employers to work with a well-qualified third-party background screening agency to remain fully compliant with existing laws governing employment screening and the overall hiring process.  Decisions related to hiring, promoting or reassigning should be backed by compliant employment background checks that abide by current laws including, Federal, State and Local laws as well as remaining compliant with regulations enforced by the EEOC and FCRA.

To read more about this subject read recent press release found here: EEOC and FCRA Lawsuits Can Be Costly & Might Be Avoidable

Criminal History Reports Still a Big Topic

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In the USA today there are still new cities or States considering or enacting new laws governing the use of criminal background records in employment screening or tenant screening.  The Equal Employment Opportunity Commission otherwise known as the EEOC released guidelines in 2012 on the lawful use of criminal background reports in the employment screening process.  Additionally the so called “ban-the-box” laws have been adopted all over the country making employers remove the box on their job application form that asks the applicant if they have a criminal record.

However, the actions of the EEOC and changes in legislation regarding the ban-the-box movement have created considerable confusion with many employers over the actual fair, legal, and lawful use of criminal history reports in the employment screening process.  Also the legalization of marijuana in some States further complicates the hiring process in many areas of the USA.

Whenever a city or state passes any form of legislation governing background screening employers should take immediate notice and review and possibly change any existing employment screening practices.  The actions of the EEOC and the enforcement of ban-the-box policy could be detrimental to an employer should they fall out of compliance.   It is in these instances when partnering with a third party background screening agency becomes a wise decision for any employer in the country.

Just a short time ago in Washington and Idaho legislators have either enacted new laws or are attempting to engage new laws governing the use of criminal history reports

In the state of Washington the question of Criminal History has been put to a vote and the state House of Representatives passed a measure restricting the use of the criminal history question.

From The Chronicle; www.chronline.com (Jan. 08, 18):

A bill prohibiting the criminal history question on job applications passed the Washington state House of Representatives with a 52-46 vote.

HB 1298 was passed with votes along party lines on Feb. 7 with Republicans largely against it.  chronline.com/business/proposed-bill-would-prohibit-criminal-history-question-on-job-applications/article_2ed0c4f8-103a-11e8-bb25-b37d22305500.html

Removing the question of criminal history is designed to improve the chances of employment within various protected classes.  Studies suggest that to alleviate the challenges of recidivism gainful employment is an obvious and important step.

In the state of Idaho the question of criminal history has also come up and some legislators are looking to take action.

From www.idahostatesmen.com (Feb 12, 18):

About 95 percent of people in prison will re-enter society at some point.

“These people who have or will enter their communities need gainful employment to build stability and to find success after incarceration,” Sen. Cherie Buckner-Webb, D-Boise, told the Legislature’s Senate Judiciary and Rules Committee on Monday.

For most ex-offenders, the first step to rebuilding their lives is getting a job, which means filling out employment applications.  idahostatesman.com/news/politics-government/state-politics/article199752454.html

For many helping ex-cons reentering free society get a decent job is believed to be a better course of action for the country and would have the benefits of helping overall economic growth and stability while aiding in the prevention of recidivism.  The other argument is the employer’s side which many of whom believe hiring previous criminal offenders could potentially create risks to their current employees and even the company itself.  At this point more studies need to be made to determine if efforts like ban-the-box really do help those with a criminal past achieve gainful employment, and if those with a criminal past would relapse when they have a full time job.

To read more about this subject read recent press release found here: Criminal History Reports in the News

New 2018 Laws Should Prompt Review of Employment Screening Policies

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Laws governing the use of public records such as criminal background records continue to be enacted across the country.  Starting January 1st 2018 the new California Fair Chance Act goes into effect which will ban employers in the state from asking job applicants about their criminal history before making a conditional offer of employment or inquiring about a job applicant’s salary history.

Of the recent changes to law in California the elimination of the question regarding criminal history from the application as well as inquiry about salary history are significant.  These two changes alone should alert hiring managers and HR departments to review all existing pre-employment background screening policies in order to ensure compliance with all existing and upcoming law.  This should cause employers in other States to also review their employment screening policies and procedures to get a jump on almost inevitable changes to employment screening laws in their respective jurisdictions.

The California Fair Chance Act is a significant change from previous ban-the-box laws.

From the San Francisco Chronicle (Dec. 27, 18):

Experts say the most significant new law is AB2008, the California Fair Chance Act. It prohibits public- and private-sector employers with five or more employees from seeking information about a prospective worker’s criminal history in job applications or interviews or running a criminal background check until a “conditional offer of employment” has been made. The goal is to reduce recidivism by preventing employers from rejecting ex-offenders out of hand.

The act goes further than California’s existing “ban-the-box” law, which prevents employers from asking applicants about arrest records that did not result in a conviction, juvenile offenses, expunged convictions and non-felony marijuana-possession convictions more than 2 years old. The existing law also prohibits state and local government agencies (but not companies or federal agencies) from asking applicants about criminal convictions until the agency determined that the applicant meets minimum employment qualifications. sfchronicle.com/business/networth/article/New-state-workplace-laws-will-help-ex-cons-12458131.php

California being the most populous State in the Union brings even greater significance to these recent changes in law surrounding the employment arena and makes an enormous difference to how employers are allowed to go about the hiring process.  Being a progressive State, California is seeking to reduce recidivism by giving past criminal offenders a fair chance at gaining employment hoping that by being employed will lessen the possibility of past offenders from committing another crime.  Also by not allowing employers to ask job applicants for their previous salaries or wages on the application form should result in an increased opportunity for new employees to get a higher income offer than if they told the employer what they had made in the past.

To read more about this subject read recent press release found here: New Laws in 2018 Remind Business to Review Pre-Employment Background Screening Policies

Caregivers Critical to Daily Life

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With an aging populous caregivers become critical to daily life in the USA.  This at-risk group is often under the care of in-home caregivers or staff at an assisted living home or nursing home.  Due to the vulnerability of the elderly it is imperative that caregivers given access to them go through a vigorous background screening process before being allowed unsupervised time with them.  This includes a professional criminal background check, reference check, SSN Trace, license verification and in-person interview.

Understanding the details of an individual’s past provides insight into their potential future.  A background check is designed to mitigate risk.  Most companies perform an employment background check on potential hires that make it past the application phase of the hiring process.  However, some States and Jurisdictions in the USA have laws in place that prohibit asking the job applicant whether or not they have a criminal record on the application form.  In these instances an employer can only perform a background check after an initial offer of employment is made.

The issue with hiring caregivers is that in many circumstances it is the family that hires the caregiver for an elderly person in the family.  Due to a lack of knowledge regarding how to hire someone the family may forgo the background check process entirely and hire someone that may have a criminal past and/or may pose a risk to their loved one.  That is why even if the family hires the caregiver they should still use a third party background screening company to help them properly vet the caregiver before giving them access to the home and to the vulnerable.

To read more about this subject read recent press release found here: Caregiver Background Checks

Arizona Enacts Ban-the-Box Law

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Arizona Governor Doug Ducey just recently signed an executive order banning the question asking about criminal history records from state employment applications.  Arizona has now joined many other States and Jurisdictions banning the question on job applications that asks whether or not the applicant has a criminal record.  The national movement has effected hiring processes and most especially the pre-employment background screening process.  In the case of Arizona the new law delay’s questions related to an employment applicant’s criminal record until after the initial stages of interviewing.  Other States and municipalities ban-the-box laws forbid the employer from performing criminal background checks on the job applicant until a conditional offer of employment is made; this also includes not inquiring about criminal history as well until after the conditional offer is made.

The new Arizona ban-the-box law only applies to state employment applications however state laws tend to trickle into the private sector meaning that businesses in Arizona should take preemptive steps in updating their employment background screening programs to reflect State law.  Now is the time to review any existing pre-employment background screening policies to ensure full compliance with existing law and potential changes in law.  Every time a state or municipality enacts ban-the-box legislation it is a clear signal to all business to make sure they are compliant with laws governing the use of public records in employment screening, especially the use of criminal background records.

From Lexology.com (Nov. 07, 17):

On November 6, Arizona governor Doug Ducey signed an executive order making Arizona the most recent state to adopt a “ban the box” law. The state joins Pima County and Tucson – Arizona localities that have already joined the “ban the box” movement.

Under the new policy, state agencies will delay questions related to an employment applicant’s criminal record until after the initial stages of interviewing (i.e., until an applicant has submitted an application and received an initial interview).  lexology.com/library/detail.aspx?g=e47d3ced-bb50-4bfb-aa34-2882d5242805

As the number of States and Municipalities adding ban-the-box legislation increases the likely hood that this will effect pre-employment screening laws of businesses nationwide is extremely high.  Criminal record inquires get moved from being a part of the application process to a question asked post-offer and one that has to be very specific to the position in question.

The ban-the-box movement is designed to help formerly incarcerated individuals in the USA gain a more equal footing during the job application process.  The theory is based on the fact that many employers were immediately discarding job applications from applicants that checked off that they had a criminal history.  Now without that question being asked on the initial application the thought is that ex-offenders would be given a better opportunity at gainful employment thus leveling the playing field.

With the question of criminal background history delayed the job application process should in theory become more equal for individuals with a criminal past.

It is extremely important that businesses and organizations in light of the new Arizona law review and update their hiring procedures and policies.  Additionally the best practice for creating or updating existing employment screening policies and procedures is to work with a professional USA based background screening agency to ensure compliance with all current laws and potential laws.

To read more about this subject read recent press release found at: http://www.criminalbackgroundrecords.com/news/2017-11-22-Ban-the-Box-Activity-Highlights-Immediate-Call%20to-Action-for-Hiring-Managers.html

California Pursues Ban-The-Box Legislation

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California is putting a bill forth that will make it unlawful for an employer with five or more employees to inquire about or even consider an applicant’s criminal conviction history until a conditional offer is made.  The bill is called California’s Fair Employment and Housing Act or FEHA.  They now join numerous other States that are considering such an Act as well as those that have already passed Ban-the-Box legislation.  If the California bill is passed it will require employers that have over 5 employees to follow the new rules.  This means changing their pre-employment screening policies and procedures as to not discriminate at the beginning of the job application process as to whether or not an applicant has a criminal background record.  Only after a conditional offer is made would the employer be able to run a criminal background check on the prospective employee.
The effects of the new California ban-the-box legislation could be far-reaching.

From National Law Review website (Sep. 25, 17):

The bill would make it unlawful under California’s Fair Employment and Housing Act (“FEHA”) for an employer with five or more employees to inquire about or consider an applicant’s conviction history until the applicant has received a conditional offer of employment. Under the bill, an employer would be prohibited from:

  •  Including on any employment application a question that sought disclosure of an applicant’s conviction history;
  •  Inquiring into or considering the conviction history of the applicant, until after the employer has made a conditional offer of employment; and
  •  Considering, distributing, or disseminating information relating to arrests that do not result in a conviction, diversion programs, or convictions that have been sealed, dismissed, expunged, or statutorily eradicated pursuant to law.  natlawreview.com/article/california-joining-ban-box-bandwagon

With every change in law HR departments and hiring managers should be reviewing pre-employment background screening policies and procedures.  The changes to California law, the most populous state in the country, could have overreaching consequences into other states.  Staying ahead of changes in law is what third-party background screening companies do and it is incumbent on HR Departments to also stay ahead of change.

Laws governing the use of public records, specifically criminal history records, as shown by the activity in the legislative branch in California demonstrates that change is inevitable and that means hiring procedures will need to change.  It can be overwhelming to keep up with such changes and that is why it is always a best practice for employers to work with a professional third-party employment screening company.

To read more about this subject read recent press release found here.