The QuickChecker

Social Background Checks

tjuarez — Thu, 04 Aug 2011 14:00:00 PDT

Social networks are public spaces, yet many people feel they are among friends. We’ve all seen those in our social circles’ indiscretions – photos of wild parties, drug use, alcohol consumption – these are not in fact, private, but very public and accessible.

Employers have begun engaging in more than just the cursory criminal background check. They now delve into the applicant’s online history, and not just a Google search.

Companies are emerging to run social background checks, and they investigate all traces of the prospect’s online life – Facebook, Twitter, comments on blogs of all sizes, Yahoo user groups, e-commerce sites, Craigslist and photo and video sharing sites like YouTube and Flickr.

These searches can reveal the best and worst about potential employees. A search on an accomplished professional would reveal their extensive professional network, their personal blog, etc.

However, more and more employers want to see those youthful indiscretions. Only about 5-10% of social network checks are flagged as adverse, most of those tending to be young, white-collar employees.

They are flagged for information discovered such as racially insensitive remarks, sexually explicit material, flagrant display of weaponry or other illegal activity.

These companies protect employers from lawsuits by not providing the information directly to them but reporting the type of offense. The applicant’s rights are not abused – the employer does not know the person’s religion, race or marital status for example.

Form I-9 Compliance – Photocopying Identification Cards

tjuarez — Wed, 03 Aug 2011 10:02:00 PDT

USICS specifically gives employers the right to copy the identity documents presented by employees and keep them filed with the I-9. The social security card, photo ID cards, passports and green cards or any other document the employee uses to establish their right to work in the United States.

Employers may not designate the type of identification the employee presents but may copy those they do.

Applicants cannot be asked to provide identifying documents to establish their work authorization.

If you copy an employee’s identification documents, copy all employees’ documents. Your company may face discrimination claims if you don’t treat each employee with the same process.

ICE Revamps IMAGE Program to Encourage Participation

tjuarez — Tue, 02 Aug 2011 08:21:00 PDT

IMAGE (ICE Mutual Agreement between Government and Employers) is an Immigration and Customs Enforcement (ICE) program that partners with employers to improve compliance with U.S. immigration laws. The IMAGE group within ICE has the responsibility to grow the employer membership in IMAGE.

In the past, requirements for participation were a burden to employers and so employers simply weren’t interested. Those employers “encouraged” to join as a direct result of an ICE enforcement audit of Form I-9s were among the few participants.

The requirements to become an IMAGE member have been softened. ICE is headed a new direction – toning down the number of workplace raids that seek out illegal workers instead, utilizing outreach programs that train and educate employers on Form I-9 compliance.

IMAGE will be hosting free forms around the county this summer and fall. Employers interested in learning more about being an IMAGE member should attend one of these free forums. Employers will receive an in-depth look at how to identify fraudulent documents.

IMAGE Forum Schedule:

July 26 – Seattle
August 11 – Dallas
August 23 – Atlanta
September 1 – Denver
September 8 – Phoenix
September 20 – New York City
September 29 – San Diego

The IMAGE website

Employers wishing to participate as an IMAGE member must agree to:

Complete the IMAGE application
Enroll in E-Verify within 60 days
Establish a written hiring and employment verification policy (including an internal, annual Form I-9 audit)
Submit to a Form I-9 inspection
Review and sign the IMAGE partnership agreement with ICE

Enrollment brings certification for employers – a distinction DHS believes will become an industry standard. IMAGE Certified employers, however, are not offered safe harbor for participating in the program. IMAGE certification does not eliminate fines and punishment or prosecution for employing unauthorized workers. However, ICE is limiting fines as a result of an IMAGE participant’s Form I-9 inspection to the lowest applicable rate. IMAGE is designed to be an outreach program that trains and educations, not to get employers turned in during the inspection.

Employers should consider participation in IMAGE as part of any comprehensive corporate compliance program.

Illinois Sex Offenders to be Stripped of Medical Licenses

tjuarez — Mon, 01 Aug 2011 09:58:00 PDT

Under a new sweeping Illinois law: doctors, nurses and other healthcare professionals will be permanently stripped of their medical licenses.

Signed into law last Thursday by Illinois governor, Pat Quinn, the law is unclear as to whether past convictions will play a role in stripping the license or whether it only applies to those convicted after the law takes effect.

The measure is supported after a Chicago Tribune investigation discovered:

At least 16 registered sex offenders with physician or chiropractic licenses over the last 15 years.

A physician convicted of sexual abuse of a patient

Physicians who have battered patients

In each of these cases, no adverse action was taken against any offending physician. They were not disciplined and very little oversight was provided.

The law will take effect in 30 days and will affect all types of health care professionals: dentists, nurses and podiatrists.

Those with felony convictions, misdemeanor battery convictions and sex crimes of any kind will be prohibited from practicing.

Prosecutors will be responsible to notify regulators when a healthcare professional is charged with such a crime. The person will then only be able to treat patients in the presence of another healthcare worker and patients are to receive written notification that the person is innocent until proven guilty.

Rise in Prescription Drug Abuse

tjuarez — Fri, 29 Jul 2011 08:54:00 PDT

When a business tested their employees during a random drug test in West Virginia, 17% of those employees failed their drug test.

Across the nation, drug test positive rates are rising, due in large part to the increasing abuse of prescription drugs. A study by the National Institutes of Heath blames 33 percent of opiate rehab admissions were to blame on prescription medication.

“It’s a very serious problem,” said Sany Dingus, operator of Drug Testing Centers of America. “At one time the only companies who were doing drug testing were those that were mandated by the Department of Transportation. Now, we’re getting requests from restaurants, convenience stores, school systems, municipalities, retail….

“There’s a misconception about drug abuse. It’s not just blue-collar workers. We have professionals who are functioning addicts. The only difference is they can afford better drugs.”

I don’t know what the solution is, but to protect their assets, businesses need to do drug testing,” she added. “The only way they can deter it is by putting a program in place.”

National Retail Federation Asks EEOC Not to Bar Criminal Background Checks

tjuarez — Thu, 28 Jul 2011 08:46:00 PDT

The National Retail Federal (NRF) urged the Equal Employment Opportunity Commission (EEOC) to reject a proposal that could bar employers from running criminal background checks on job applicants or existing workers.

“We are companies and trade associates representing businesses that have a critical need to protect the safety of people and property in workplaces across the United States,” NRF and a dozen other groups said in a letter to the commission. “One of the most important ways to create safe working environments is for employers, principals and volunteer organizations to be able to conduct criminal background checks of employees, independent contractors and volunteers.

“We understand the frustration some have in finding employment, especially in a time of national economic stress, and we also appreciate the strong desire to reintegrate former prisoners into American society,” the letter said. “However, attempts to ease unemployment frustration or reentry desires should not come at the expense of keeping people and businesses safe from physical or financial harm.”

The EEOC held a scheduled hearing July 26 on “Arrest and Conviction Records as a Barrier to Employment.”

The letter noted that many states hold employers liable for negligent hiring and negligent retention of employees who harm other workers while on the job. Such laws make many employers believe criminal background checks are necessary to avoid being held liable for the actions of employees with criminal histories.

As the world’s largest retail trade association and the voice of retail worldwide, NRF’s global membership includes retailers of all sizes, formats and channels of distribution as well as chain restaurants and industry partners from the United States and more than 45 countries abroad.

Credit Reports – How & Why Employers Use Them

tjuarez — Wed, 27 Jul 2011 08:28:00 PDT

What red flags do employers look for in credit reports?

- In positions that handle money, credit checks reveal patterns of money handling and whether or not a person is responsible with money. Patterns of late payments, large debts, or other financial difficulties can become problematic for employers

- Credit reports reveal decision-making skills, both good and bad

- Credit reports give an employer a good view of your sense of personal responsibility

- Some employers will not hire prospects with large debts for fear that they will be tempted to embezzle from the company

Employers must utilize credit reports according to the Fair Credit Reporting Act (FCRA) that requires written consent to access the credit report.

Employers cannot use bankruptcy to make an employment decisions.

Employer must notify, in writing, that they used credit information against you when making a hiring decision.

Marijuana Still Classified by DEA as a Dangerous Drug

tjuarez — Mon, 25 Jul 2011 08:09:00 PDT

The Drug Enforcement Administration (DEA) recently stated, that medical marijuana, “has no accepted medical use, and should continue to be classified as a Schedule I drug.”

Schedule I drugs include marijuana, ecstasy, LSD and heroin. Schedule I drugs “are considered to have a high tendency for abuse and have no medical use.”

The last decade in the United has seen medical marijuana support rising and those supporters have approached the DEA to “reclassify the drug in light of research about its effectiveness in treating certain diseases such as multiple sclerosis and glaucoma.”

This decision allows proponents of medical marijuana to appeal to the federal courts.

DEA Administrator Michele M. Leonhart writes, “At this time, the known risks of marijuana use have not been shown to be outweighed by specific benefits in well-controlled clinical trials that scientifically evaluate safety and efficacy.”

Medical marijuana “stores” or dispensaries and licensed growers may be immune to prosecution by the states who have legalized marijuana for medical use, however, they are not immune from prosecution of federal drug and money-laundering laws.

Medical marijuana is legal in 16 states and the District of Columbia.

The Obama administration has come down hard on marijuana as well.

On Monday, the White House issued the National Drug Strategy for 2011, reporting marijuana use at the highest levels in eights years. The report indicated that marijuana was addictive and unsafe.

Ethan Nadelmann, executive director of the Drug Policy Alliance argues for rethinking the approach to drugs, “Unfortunately what the Obama administration seems to be doing is trying to scare precisely those state and local authorities who want to design sensible regulations to make sure all of this is properly under control. You know a lot of this, I think, is about the Justice Departments sort of firing a shot against the bow, and saying don’t go too far.”

Deputy Attorney General Jim Cole and US prosecutors won’t be giving growers and dispensaries a break. Cole wrote that several states considered legislation to “authorize multiple large scale, privately-operated industrial marijuana cultivation centers…Those who engage in transactions involving the proceeds of such activity may also be in violation of federal money laundering statutes and other federal financial laws.”

IMPORTANT: EEOC Meeting Scheduled on the Use of Criminal Records

tjuarez — Fri, 22 Jul 2011 10:35:00 PDT

The EEOC meeting on the use of criminal records in employment screening has been officially set.

DATE & TIME:

Tuesday, July 26, 2011, 9:30am EST

LOCATION

Commission Meeting Room on the First Floor of the EEOC Office Building

131 “M” Street, NE

Washington, D.C. 20507

OPEN SESSION

Announcement of Notation Votes
Arrest and Conviction Records as a Barrier to Employment

We have been expecting this hearing and believe it is vitally important for the membership to engage as we are concerned that this meeting could be a critical set in the Commission’s adoption of policies that could significantly impact how employers use criminal background checks for employment purposes. NAPBS and Liberty Screening Services believes it is important that we join together with other businesses and organization to share with the EEOC both how background checks enable employers to make more informed hiring decisions and the need for any forthcoming EEOC action not to hamper employers’ ability to conduct background checks to protect persons and property in the workplace.

NAPBS is preparing comments to be submitted to the EEOC on the relevance of benefits of access to criminal history records by employers. The July 26^th meeting/hearing will be a full Commission meeting, meaning all five Commissioners and EEOC’s General Counsels will attend. This includes Chairwoman Jacqueline Berrien, Commissioner Chai Feldblum, Commissioner Stuart Ishimaru, Commissioner Vicky Lipnic and Commissioner Constance Barker. A formal agenda has not yet been released but it is expected there will be multiple panels including academics, lawyers, victim’s groups (i.e., those who have been denied employment due to their criminal history), government officials, litigants from the El v. Septa case and others.

Given the importance of this meeting to our industry and your company’s values, as the role of the use of criminal records in employment screening will be the focus, Liberty Screening Services encourages you to add this date to your calendar and make plans to attend the hearing on July 26. The meeting will be open to the public and it will not be webcast or televised, although a transcript will be available after the meeting.

San Francisco Considers Protecting Job Seekers with Criminal History

tjuarez — Thu, 21 Jul 2011 11:36:00 PDT

The city of San Francisco is considering legislation to limit the user of criminal records for employment purposes. The San Francisco Human Rights Commission cannot enact ordinances but makes recommendations to the Board of Supervisors for review.

The Equal Employment Opportunity Commission (EEOC) has guidelines on how employers may use criminal information. Employers must be able to show they considered these three factors:

The nature and gravity of the offense
The time passed since the conviction
The nature of the job

The use of criminal history is debated hotly, primarily because of the moral difficulty of using such information. Employers wish to do their best to protect their employees and their business from outside violence and theft, however, once a person has paid their debts to society, people feel their history should not follow them.

Liberty will be following developments in San Francisco.