September
12
2011
In an effort to make communications with APSCREEN easier, we have expanded into other social media platforms. We setup a company page for APSCREEN on Facebook and our very own Founder and CEO Tom Lawson is now tweeting on Twitter. If you are currently on either Facebook or Twitter we encourage you to reach out to us and “like” or “follow” us. Check out the links below to the websites.
May
16
2012
As a result of the U.S. economic downturn and housing bubble burst, an increasing number of people are choosing to rent, rather than own. In fact, according to the Census Bureau, home ownership has fallen to 65.4 percent, as compared to the peak of 69 percent home ownership in 2006. This equates to about three million more households renting today than six years ago.
This shift toward renting is due to a wide variety of factors, including higher lending standards, a lack of down payment funds and the fact that it has become cheaper to rent than to own a home.
With an influx of renters, there are also a much larger number of landlords, many of which do not have the resources or the know-how to protect themselves against unruly tenants.
Fortunately, a newly redesigned tenant screening platform available from the Rental Protection Agency helps landlords run accurate reports and background checks on potential tenants. The new system from RPA provides landlords with an increased level of functionality, including easier tracking, more detailed data and a more user-friendly interface, and allows them to perform a 3-in-1 background check.
The 3-in-1 background check includes a 50-state criminal check, an identity trace and a stolen identity search, and a global, FBI and Homeland Security check.
And unlike other, more basic, screening systems available on the market, the RPA’s new address history feature allows landlords and property managers to view detailed data on their tenants’ previous addresses.
May
15
2012
A woman who was sexually assaulted by a co-worker on the job is suing her employer, saying it failed to check the criminal background of her assailant.
Had that check been done, the woman claims, it would have revealed that her attacker was a convicted sex offender.
In a lawsuit filed in U.S. District Court in Roanoke, the woman is seeking $6.3 million from Cosmetic Essence Inc., which operates a manufacturing facility on Plantation Road.
Also named as defendants in the lawsuit are Retailers and Manufacturing Distribution Marking Service, a New Jersey company that provided labor at the plant, and Sunstates Security, which employed security guards there.
The woman, who is not being named because she was the victim of a sex crime, says in the lawsuit that she was hired by Cosmetic Essence in February 2010, the same week that Nathaniel Seymore Martin was hired.
At the time, Martin was listed on the state sex offender registry as having been convicted of aggravated sexual battery.
Failing to check Martin’s background put the woman and all female employees at risk, the woman claims in her lawsuit.
May
14
2012
A Harris County mother is suing over claims a Katy man, working as a bouncer at a bar in Houston, caused the death of her son.
Thelma Wheelis, on behalf of the deceased Jason Wayne Jefferson, filed a lawsuit on Wednesday, May 2 in the Harris County District Court against Club Richs, Katy resident Cody Malloy, and 2401 San Jacinto Holdings, citing negligent hiring of employees, negligence and gross negligence.
Wheelis says on Feb. 27, Jefferson died at the hospital after a bouncer at Club Richs, located at 2401 San Jacinto, struck him in the head with a chain.
May
10
2012
The Equal Employment Opportunity Commission (EEOC), th agency that enforces federal anti-discrimination laws, shook up employers and the employment defense bar when it issued new “guidelines” on employers’ use of arrests and convictions in making hiring decisions.
In short the EEOC decided: “An employer’s neutral policy (e.g., excluding applicants from employment based on certain criminal conduct) may disproportionately impact some individuals protected under Title VII, and may violate the law if not job related and consistent with business necessity (disparate impact liability).” In other words, because African Americans are disproportionately represented among the population of convicts, if an employer decides, for nonracial reasons, he doesn’t want to risk hiring someone with a conviction on his record he can look forward to being sued.
May
3
2012
LinkedIn has some great groups that cover the employment screening industry. Some of our favorites are below, be sure to check them out.
Background Screening and Due Diligence Professionals
Background Screening News and Legislative Updates
Better Background Screening
Compliant Background Screening Partners
Due Diligence and Screening Services
Employment Background Check
Employment Screening Best Practices
International Background Screening Forum
April
26
2012
National Association of Professional Background Screeners Responds to EEOC’s Guidance on the Use of Criminal Background Checks for Employment Screening Purposes
Schaumburg, Illinois (April 26, 2012) – The National Association of Professional Background Screeners (NAPBS®) – The Voice of Screening Professionals – issued this statement on guidance released by the Equal Employment Opportunity Commission (EEOC or Commission):
NAPBS supports and promotes criminal background checks as an appropriate and necessary tool to help employers make informed hiring decisions and ensure the safety and well-being of their staff and customers.
Employers use background checks to protect their business interests, ensure the reliability of their workforce and to protect current employees, customers, members of the public, brand name and trade secret information; criminal history checks are a part of the overall screening of a potential employee.
While we continue to believe the process would have benefited from greater transparency, such as through the public notice and comment process, we recognize and appreciate the bipartisan manner in which the guidance was developed. We look forward to continuing to work with the Commission on this issue and as we more carefully review the guidance issued there may be additional concerns to consider, such as the treatment of state and local prohibitions or restrictions. We stand committed to educating our members and end-user community on the revised guidance.
About NAPBS®
Founded in 2003 as a non-profit trade association, the National Association of Professional Background Screeners (NAPBS) represents the interests of more than 700 member companies around the world that offer tenant, employment and background screening. NAPBS provides relevant programs and training aimed at empowering members to better serve clients and maintain standards of excellence in the background screening industry, and presents a unified voice in the development of international, national, state and local regulations. For more information, visit www.NAPBS.com and click the “About” tab.
# # #
Media Contact:
Mark Monaco
mmonaco@association-resources.com
888.686.2727
April
26
2012
The EEOC has updated their idea of “Employer Best Practices” as outlined below:
VIII. Employer Best Practices
The following are examples of best practices for employers who are considering criminal record information when making employment decisions.
General
• Eliminate policies or practices that exclude people from employment based on “any” criminal record.
• Train managers, hiring officials, and decision makers about Title VII and its prohibition on employment discrimination.
Developing a Policy
• Develop a narrowly tailored written policy and procedure for screening applicants and employees for criminal conduct.
. Identify essential job requirements and the actual circumstances under which the jobs are performed.
. Determine the specific offenses that may demonstrate unfitness for performing such jobs.
. Identify the criminal offenses based on all available evidence.
. Determine the duration of exclusions for criminal conduct based on all available evidence.
. Include an individualized assessment.
. Record the justification for the policy and procedures.
. Note and keep a record of consultations and research considered in crafting the policy and procedures.
• Train managers, hiring officials, and decision makers on how to implement the policy and procedures consistent with Title VII.
Questions about Criminal Records
• When asking questions about criminal records, limit inquiries to records for which exclusion would be job related for the position in question and consistent with business necessity.
If you would like further information on what the EEOC has finally determined are guidelines based on EXACTLY what we at APSCREEN (Since 1980 ) have been saying, consistently, in writing, and through scores of published works since inception (upon which many, if not most of the published writings since the industry “started” in the mid-1990’s have been based on), please don’t hesitate to call.
APSCREEN, still the oldest, still the best and now, with 32 years of our “best practices” canonized and approved by the EEOC. Want Proof? We’ll provide it upon request.
Here is the entire Report:
http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm
April
19
2012
How do you verify if an online or offline degree comes from an accredited school?
First check with recognized authorities like the Council for Higher Education (CHEA). The U.S. Department of Education maintains a database
of schools that have been accredited that is located here: http://www.ope.ed.gov/accreditation/
Schools often outsource this service to third-party vendors such as The National Student Loan Clearinghouse (NSLC) and www.degreechk.com.
Of course you can also check directly with the school’s admissions office. Accredited schools have proof of their accreditation in their
admissions or main office. Schools may be accredited by one or more institution or organization. That often depends on whether they are
online or have numerous campuses. Most schools will verify without cost to the requestor, but not so for transcript copies.
Closed schools within a state are registered through an education-related state agency. Private institutions such as military or seminary schools
are often transferred to another scool, so you can call or search online at
http://wdcrobcolp01.ed.gov/CFAPPS/FSA/closedschool/searchpage.cfm
Employers want to know if the degree their applicant claims to have is real and that it is from a recognized school.This can be done by phone,
email and/ro fax with most institutions with schools requiring a signed release from the applicant.
April
16
2012
PHILADELPHIA, PA, April 15, 2012 — In the article Criminals in Nursing Homes, it was stated that federal data had found up to 90 percent of all nursing homes employ people who have been convicted of at least one crime. The article quoted the findings of this federal investigation to state that “no federal law or regulation specifically required nursing homes to check federal or state criminal history records for prospective employees. Ten states require a check of F.B.I. and state records…while 33 require a check of state records, and the remainder do not have explicit requirements.”
April
12
2012
On March 23, 2012 Erin Egan, Facebook’s Chief Privacy Officer, commented about password requests:
“If you are a Facebook user, you should never have to share your password, let anyone access your account, or do anything that might jeopardize the security of your account or violate the privacy of your friends.”
In case you haven’t seen the Wired article, here is the link:
(http://www.wired.com/wiredenterprise/2012/03/facebook-password-employers/)
