APSCREEN

EEOC’s Update of the Use Of Criminal Records

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

How to Verify if a School is Accredited

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.

Negligent Hiring by Nursing Homes

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.”

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Facebook Condemns Companies that Require User Passwords

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/)

FTC Releases Report on Protecting Consumer Privacy Recommending that Data Brokers be Regulated

The Federal Trade Commision Release a report that recommends businesses adopt best practices to protect consumer privacy. The report also suggests that Congressconsider enacting data broker legislation.

The FTC is calling on data brokers to be more transparent in their operations, as well as to disclose how they collect and use consumer data.

The FTC is also supporting legislation that provides sconsumers access to information about them held by data brokers.

Read the report here.

Recruiters Advice Regarding Social Media Checks

Recruiters want to know the best advice for their clients who are choosing to use social media for the purpose of employment screening.

The use of social media resources can arguably be the basis of a negligent hiring claim. Employers are up against multiple pitfalls including privacy, discrimination and accuracy issues.

So what is the best advice for employers wanting to use Social Media for screening their new hires?

1. Every employer should have a social media policy for current employees and new hires.

2. HR managers must be keenly aware that just because certain information is online does not mean it is risk free or even true. The lack of verifiability of this information is the riskiest part of using it to screen employees.

3. HR managers should use a national sex offender registry search as a “due diligence” tool and search for things such as inappropriate sexual behavior that would cause concern for hiring positions around children, field personnel, etc.

4. Some of the possible landmines to be aware of are (double edged sword!):

-Allegation of Title Vii discrimination claims regarding race, color, sex etc. if the candidate does not get the job.

-Failing to use social media websites – companies can potentially be sued for not exercising due diligence if dangerous information could have easily been obtained about the candidate.

-Be aware of online identity theft that could cause false information to appear about someone.

-Reasonable expectation of privacy is a subject still being sorted out by the courts, so an area to be cautious of.

-If you are using a third-party provider for your background checks, the same FCRA compliance laws apply to the use of social media searches. In fact, it very difficult for these firms to prove anything so it might be better not used for this purpose.

-Potential FCRA claim for inaccurate information.

SLO court closes public computer

San Luis Obispo Superior Court officials have shut down a public computer station that contained case data, citing privacy concerns, because certain information in the court’s outdated system was exposed to background checking contractors, among others.

The recent closure of the public computer, containing court case records, has led to criticism that certain information that can be made public now is less accessible.

The court removed the terminal March 19. It had allowed searches of data such as criminal and traffic records.

Those seeking information about cases now must request information at the court’s service windows at 1050 Monterey St., and there are limits on how many names at a time can be researched.

Court Executive Officer Susan Matherly said the database was set up initially to be shared by court staff and law enforcement agencies, and previous administrators allowed the information to be made public.

Legally protected data stored in the DOS-based system includes details on a person’s age, gender and ethnicity — as well as identities of crime victims.

Citing the California Rules of Court, Matherly pointed to concerns with the database and how case information was used by those seeking to sell it.

“If a case that has been dismissed by the court against someone, for example, is used against them when they’re applying for a job, what kind of justice is that?” Matherly said. “One of the problems I have is that we just don’t know where this information is going and how it’s being used.”

Read more here

Facebook Condemns Practice Of Employers Demanding Employee Passwords

In response to the controversy surrounding the practice of employers requesting Facebook log-in information from both current and prospective employees, the social network has made itself perfectly clear: Facebook will protect your privacy — even if it means going to court.

In a March 23 note on the social network’s Facebook and Privacy page, Chief Privacy Officer for Policy Erin Egan addressed the issue directly, explaining that the practice “undermines the privacy expectations and the security of both the user and the user’s friends. It also potentially exposes the employer who seeks this access to unanticipated legal liability.”

The “legal liability” of which Egan speaks could arise from claims of discrimination against an employer who may have seen that a prospective employee is part of a specific “protected group (e.g. over a certain age, etc.)” and consequently does not hire them, or if an employer is exposed to certain information (e.g. suggesting that a crime has been committed) and is unaware of how to proceed.

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