Welcome to our monthly edition of “What’s hot in employee background screening news”. If you want to become smarter about background screening, you’ve come to the right place. Here are some of the interesting items that caught our attention last month.

Match.com, eHarmony, Other Dating Sites To Screen For Sex Offenders

It’s been almost two years since women’s safety advocates began pushing online dating sites to begin screening their customers against available info for registered sex offenders. Yesterday, the operators of a handful of the most popular dating sites signed an agreement to do their best with the information they have access to.

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Social Media Background Checks - Risky Business

Companies are using social media as part of their recruiting, candidate selection process, and everyday business operations. With more than 88 billion Google searches conducted monthly, chances are that your HR team, recruiters, or managers are searching the interwebs as part of the candidate sourcing and vetting process. You or members of your team search Twitter, build lists, make friends, and fill positions.

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What Employers Are Thinking When They Look At Your Facebook Page

Like it or not, Facebook and other sites like it are becoming the digital proxies for our real world selves. Our profiles on Facebook, Pinterest, Google+, Twitter, et. al. reflect our likes, dislikes, personalities, and best photo angles, and are likely more useful to employers in seeing what we might be like to work with than a short interview. If you don’t want employers (and love interests) to come snooping on your page to get a sense of who you are, set your privacy settings high; limit your content to “friends only.”

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How to Build a Safer, More Dependable Workforce Using Background Checks [Infographic]

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What Are Your Chances of Becoming a Crime Statistic?

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Employee Theft: What Are People Stealing on the Job?

Workplace theft – from stealing merchandise to customer lists to money from the corporate safe – is serious business, exacting significant costs on companies, fellow employees and customers alike.

So what are employees stealing on the job?

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When it Comes to Employment Screenings, Nobody Wants to Get it Wrong

Retailers have the legal requirement and moral responsibility to protect their consumers. End of story. But revised guidelines being contemplated by the U.S. Equal Employment Opportunity Commission could suggest that pre-employment background screenings be severely restricted or not even part of the application process.

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What Employers Need to Know About Conducting Criminal Background Checks in Massachusetts

Effective May 4, 2012, the Massachusetts Criminal Offender Record Information (CORI) Reform Act (the Act), which was enacted in August 2010 with the controversial “ban the box” legislation, will significantly change the way employers access, use, and maintain information obtained through the Commonwealth’s CORI system. The Act will allow all employers access to a new online records system, but also imposes obligations on employers that acquire criminal history information from private sources, such as consumer reporting agencies (background report vendors such as FYI Screening). Employers should review their hiring and background check policies now to determine whether any updates are necessary.

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How To Detect a Lie [video]

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Littler Mendelson, the nation’s largest employment and labor law firm, has an important update for Massachusetts employers conducting background checks:

Massachusetts Employers Face New Obligations When Conducting Background Checks Involving Criminal History Records

Effective May 4, 2012, the Massachusetts Criminal Offender Record Information (CORI) Reform Act (the Act), which was enacted in August 2010 with the controversial “ban the box” legislation, will significantly change the way employers access, use, and maintain information obtained through the Commonwealth’s CORI system. The Act will allow all employers access to a new online records system, but also imposes obligations on employers that acquire criminal history information from private sources, such as consumer reporting agencies (background report vendors such as FYI Screening). Employers should review their hiring and background check policies now to determine whether any updates are necessary.

Related article:

2010 CORI Reform Explained: How the law is changing, and when. (pdf)

Photo credit: Zoom Zoom

Welcome to our monthly edition of “What’s hot in employee background screening news”. If you want to become smarter about background screening, you’ve come to the right place. Here are some of the news items that caught our attention last month.

FTC Warns Marketers That Mobile Apps May Violate FCRA

The Federal Trade Commission warned marketers of six mobile applications that provide background screening apps that they may be violating the Fair Credit Reporting Act. The FTC warned the apps marketers that, if they have reason to believe the background reports they provide are being used for employment screening, housing, credit, or other similar purposes, they must comply with the Act.

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The Domino’s Effect: How Following the Letter of the FCRA Could Save your Business from a Litigation Chain Reaction

The recent decision of Singleton v. Domino’s Pizza highlights the danger for employers of not complying with the letter of the FCRA. Several delivery drivers filed a putative class action against Domino’s in federal court in Maryland. The case presented a number of issues, including whether Domino’s disclosure form complied with the FCRA despite also including a liability release.

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Pepsi and Criminal Background Checks: Beyond the Buzz

Some of you may have heard in the news that Pepsi Beverages recently agreed to pay $3.1 million to settle a racial discrimination case brought by the Equal Employment Opportunity Commission (EEOC) involving criminal background checks. It seems Pepsi used criminal background checks to screen out not only job applicants with criminal convictions, but also those arrested for or convicted of minor offenses. What does this case mean for employers? Do you conduct criminal background checks on your job applicants? Judging from the buzz in the media, the subject of criminal background checks for job applicants is a real hot button! Employers who do not screen candidates are vulnerable to negligent hiring suits if the employee either steals from the company or commits some other type of crime— especially if pre-employment screening could have prevented the situation.

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Ohio Tries to Ease Job Hunts of Ex-Cons

Gov. John Kasich’s administration is working with private organizations to help knock down barriers created for past offenders by 800 sanctions attached to scores of laws. The state still will conduct criminal-background checks on job applicants, but only after initial screening based on qualifications.

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Behind the Mask: How to Effectively Evaluate a Candidate Before Interviewing

Have you ever been surprised to find out that you were completely wrong about someone you thought you knew? This can happen in the workplace too, but with bigger consequences. Sometimes a great new hire doesn’t turn out to be the shining star they appeared to be during the interview process. There are some important factors to consider when making major hiring decisions that can help you avoid hiring a wolf in sheep’s clothing.

The bottom line of the information you’re about to read is this: Get to know your hires as well as possible before you make them an offer and definitely before they show up to work and begin to display their true colors!

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Colorado Trying to Limit Use of Credit Checks in Employment

Colorado Senators gave initial approval to a measure restricting employers from using consumer credit information against job applicants unless the job they’re applying for is in the financial or security sectors.

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Illinois Online Dating Crackdown: Criminal Background Checks Could Be Coming To State Sites

Anyone who has ever joined an online dating site can probably speak about the risks: the creepy messages, bad dates and failed relationships. But Illinois lawmakers believe there is more than just emotional danger lurking online, and could muscle dating sites into requiring criminal background checks.

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Sign up below and learn how to:

* Improve your employee background screening program

* Create a safe work environment for your employees and customers

* Stay on top of legal compliance issues

Welcome to our monthly edition of “What’s hot in employee background screening news”. If you want to become smarter about background screening, you’ve come to the right place. Here are some of the news items that caught our attention last month.

Pre-Employment Criminal Background Checks: Learning from Pepsi’s $3.13 Million Mistake

Pepsi has agreed to pay $3.13 million and provide job offers and training to resolve a charge of race discrimination filed by the U.S. Equal Employment Opportunity Commission (EEOC).  Based on the investigation, the EEOC found reasonable cause to believe that the criminal background check policy formerly used by Pepsi discriminated against African Americans in violation of Title VII of the Civil Rights Act of 1964.

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Screening Your Background Screener

The employee screening environment is rapidly evolving, making it hard for businesses to keep up. That’s just one reason why businesses are either outsourcing background checks to a partner or are not conducting screenings at all.

For those not conducting pre-employment screening, the case for reconsidering is air tight. If you’re working with an expert partner, it’s important to stay on top of the changing nature of background checks to be sure you’re working with the best partner for your business.

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5 Reasons Why Criminal Background Checks Are a Perfect Storm for a Lawsuit

Criminal background checks of job applicants seems to have reached a tipping point as a topic in employment-law circles. So, what are the key components leading to this perfect storm of EEO laws and how can an employer avoid the perfect storm?

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Former Domino’s Pizza Employees Allowed to Proceed with Class Action Against Company for Background Check Violations

On January 25, 2012, United States District Court Judge Deborah K. Chasanow denied Defendant Domino’s Pizza’s Motion to Dismiss in Singleton, et al., v. Domino’s Pizza, LLC, 8:11-cv-01823-DKC (D. Md.).

In a lengthy opinion, the Court ruled that the plaintiffs properly alleged that Domino’s violated the Fair Credit Reporting Act by (1) running background checks on employees without proper authorization; and (2) “systematically” failing to provide employees with copies of their background checks prior to taking adverse employment action against them.

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Following Deadly Stabbing, Restaurant Could Face Penalty For Hiring A Felon

The killing of a south Charlotte store manager – allegedly by a felon hired to work there – highlights the risks companies take when they hire an employee with a criminal record, or don’t do a full background check on applicants.

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No Background Check Done: Bookkeeper Accused of Stealing $1 Million From Archdiocese

When a church worker was hired by the archdiocese in June 2003, it did not perform criminal background checks on prospective employees, as it does now. Church officials were unaware until recently that the bookkeeper had been previously convicted of grand larceny in one case and had pleaded guilty to a misdemeanor in another.

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Social Media Background Checks : Off-duty Conduct Laws :: Oil : Water

One report suggests that as many as 91% of employers use social networking sites to screen potential employees, with as many as 69% of employers rejecting a candidate because of information discovered on a social site.

Jon Hyman, from Ohio Employer’s Law Blog, has written about some of the risks employers face when conducting background checks on employees via Facebook or other social media sites.

He gives us one more risk to consider: off-duty conduct laws.

29 states have laws that prohibit employers from taking an adverse action against an employee based on their lawful off-duty activities.

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Photo credit: JelleS

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The use of credit and criminal history records in employment screening were the most widely-read posts from our blog in 2011. Stay tuned and we’ll keep you informed of the latest trends, best practices and legal compliance issues for employee background screening in 2012.

Our most widely-read posts of the year:

1. Lying On Your Resume Is Not Good For Your Career
2. How To Use Credit Reports For Employment Background Checks
3. Is It Legal For An Employer To Charge A Potential Employee For A Background Check?
4. Six Myths About Using Credit Reports For Employment Screening
5. 3 Myths About Employing People With Criminal Histories
6. People With Criminal Records “Need Not Apply”
7. EEOC Examines Arrest and Conviction Records as a Hiring Barrier
8. Do You Do Social Media Background Checks?
9. How To Check Your Own Employment Eligibility In The United States
10. The Importance of Quality Background Checks - What’s Hot in Background Screening News

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Welcome to our monthly edition of what’s hot in employee background screening news. If you want to become smarter about background screening, you’ve come to the right place. Here are some of the news items that caught our attention last month.

Unauthorized employee recommendations, references on social media may put employers at risk

Employers are beginning to realize that their employees are sending or receiving recommendations on social media sites, such as LinkedIn, about co-workers’, vendors’, and customers’ work performance or services that are inconsistent with the employer’s policies.  Worse yet, they may even be providing false or fraudulent information.  Employers need to take a hard look at their employees’ recommendations on social media.

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Woman on a crusade for change after her sister was murdered by an air duct cleaner in Florida

When you have work done at your home, do you know who’s coming to your door?

Two local women thought they were safe calling Sears to have their air ducts cleaned.But it turned into a nightmare after a convicted felon with a history of harassing women showed up to do the work.

This could happen to you too, even if the company you hire does background checks.

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Background check law could get some Pennsylvania teachers fired

A new Pennsylvania law requiring all school workers to disclose their criminal history could see some employees who have been convicted of various crimes lose their jobs.

The law, signed by Governor Tom Corbett in June, went into effect in September and mandates background checks for all employees of public, private and vocational schools. Administrators must notify employees of the law and have them return a form reporting any criminal history by December 27.

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Employer held responsible for negligent hiring: Kansas City-area lawyers win $7M verdict over truck crash

A group of Kansas City-area lawyers won a $7 million verdict Thursday for the family of an Arkansas truck driver killed in a 2008 accident.

The truck driver who caused the accident — a driver whose license had been twice revoked — was hired negligently, said lead attorney Kent Emison.

In a statement, Emison said the company could have learned of Quisenberry’s driving history in 15 minutes through a simple background search. He said the verdict is part of a growing trend of employers being held responsible for negligent hiring.

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How effective are background checks in protecting children from abusers?

Experts point a various problems that make it difficult to truly protect children.

Many molesters fly under the radar and don’t have contact with law enforcement for years. Many organizations only do a criminal background check when someone is employed and don’t re-check periodically. Offenders at times plead to lesser charges that might not raise flags. And even Megan’s Law, designed to create as sex-offender registry, has loopholes.

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Cracks in background check system give drug abusers, mentally ill access to guns

Gaps in the Federal Background Check system may be putting guns in the hands of killers, according to a new report by Mayors Against Illegal Guns.

The report finds two huge gaps in the National Instant Criminal Check System (NICS). The biggest one, and hardest to fix, boils down to a communication problem. Many states and state agencies do not cooperate with the system. The blame doesn’t fall on solely on state agencies, federal agencies don’t comply with the background check system either.

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Texas state criminal database is flawed

According to a recent report by the Texas State Auditor’s Office, nearly one out of every four criminal records is incomplete, while some are completely missing for the state’s database.

Thousands of Texas businesses, day cares, schools use the state’s database for criminal background checks.

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Photo credit: Johan AP

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