Discrimination in Employee Screening?
Would you be shocked to learn discrimination is sometimes allowed in employee screening? Anyone who regularly hires others would be familiar with Title VII or the Civil Rights Act of 1964 which has led to the statement on many applications that “prohibits discrimination based on race, color, religion, sex, or national origin.”
Similarly, the Age Discrimination in Employment Act of 1967 also forbids age discrimination of those 40 and older.
Additionally, the EEOC renders there should be no discrimination based on gender identity or sexual orientation.
So, how can discrimination be permitted with employee screening?
It’s all about Job Classification
Differences in employee screening processes can be based on job classifications. That is, as long as a company treats all individuals within the same job classification equally, the law permits said employer to vary screening procedures by job classification.
What is a job classification?
A job classification may be defined as hourly, exempt or non-exempt. For example, an employer may choose to perform a more in-depth screening on exempt employees, such as vetting information on education and criminal backgrounds.
Another example would be the addition of a motor vehicle report to the screening for those positions requiring driving a company-owned motor vehicle.
Perhaps rather than discrimination, we should term the procedure as differentiation. Employers still must comply with the federal, state and local laws.
A firm such as Data Screening.com can provide accurate and current information on any applicant’s employability.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the ASA(American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners). How may we help you today?
Could Changes to Credit Reporting Boost Your Credit Scores?
Beginning in July 2017, millions of Americans could see an increase in their credit scores as the TransUnion, Experian, and Equifax, the three major credit agencies, drop tax liens and civil judgments from their reports.
FICO says about 12 million of the 200 million credit consumers will see an increase of about 20 points. This is good news for consumers because credit scores are used almost ubiquitously by everyone to indicate credit worthiness.
Why are the companies no longer including this information?
These changes are occurring as a result of a settlement with lawmakers in more than 30 states. The officials found the alleged liens and civil judgments were frequently attached to the wrong people, thus hurting their credit access for a home or car. Since liens and judgments represented major derogatory events, the fall off of this category could make a huge difference for some.
So, as of this month, if the lien or judgment fails to match three out of four criteria, it will no longer appear on the credit report.
As a result of these changes, look for new oversight of credit reporting agencies by the Consumer Financial Protection Bureau as the new rules are enforced. Possible, too, credit lenders may become more stringent in their practices since they will now have less assurance that consumers can pay back the borrowed monies.
An agency such as Data Screening.com can provide accurate credit reporting. A professional agency bases its reputation on the accuracy of reporting structures according to federal and state mandates.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the ASA(American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners). How may we help you today?
Hiring for the Gig Economy? Best to Screen Carefully
Hiring temporary contract workers is on the rise, and more small and midsize businesses are heading this direction. This gig trend will likely continue until at least the end of the decade. Isn’t that good news for staffing firms, whose utilization grew an average of 10 percent over the past year?
While hiring great temporary or gig workers is crucial for your clients, it also means staffing firms must tweak their processes to bring in the right talent. Being proactive both with digital contact and vetting approach becomes essential.
Alter interview questions to determine the candidate’s ambitions for specific opportunities, like the examples below:
- Why are you interested in this temporary opportunity?
- Do you hope to transition to full-time employment?
- What are your goals regarding this specific position and why?
- What characteristics are most important to you in any job?
- Describe your preferred work environment
Ask questions that reveal the candidate’s work style and personality, such as:
- Tell me about a time you went above and beyond the scope of your job.
- What do you value most in a company?
- Do you prefer working solo or with a team?
- Describe a time you had a conflict with a coworker and how you solved it.
- What skills do you have that would add value to this job?
- What would be your ideal job?
Remember to run a background screening on each candidate, too. Without an accurate screening by a professional firm, such as Data Screening.com, you may not get all the facts. There’s little worse than presenting a candidate who may have posted false claims on an application.
As a staffing firm, certainly you want to present your best-vetted talent to your client to fill any potential openings, and a proper data screening will check for fraud, any history of criminal activity and many other critical issues. Plus, all screening must be completed within the framework of federal and state employment laws, and a professional screening firm will operate with the knowledge of those boundaries.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
3 Trends in Data Screening
Any employer expects employment laws and practices to change over time. It’s just part of doing business to keep up with the trends.
The Society for Human Resource Management keeps an eye on current topics, issues, and trends in the HR industry, including conducting pre-employment background checks. According to the SHRM, it is important to note some recent changes.
Ban the Box
These laws, which pertain to checking a candidate’s background for a criminal history, are becoming the norm. A firm must delay asking about potential criminal background until either an interview has taken place or a provisional job offer has been made. To date, nearly half of the states in the USA have enacted such laws.
Ban the box was proposed to prevent a potential employer from automatically rejecting an ex-offender based on the bias of that status rather than what the employee may contribute. The point is to help reintegrate people with a criminal history back into the fabric of society, providing a means to support themselves. It does not mean a background screening for criminal activity can never be done.
The difficulty with the laws are their various nuances of letters, language, and wait times.
The gig economy and screening
Employers must discern how to adapt to the growing on-demand workforce. It is expected to become a matter of course to screen temporary employees.
Continuous screening
While most companies screen at the pre-employment stage; more firms are opting for re-screenings or continuous screenings to maintaining a safe and fully-vetted workforce. According to SHRM, post-hire screenings are expected to “reduce the prevalence of insider threats occurring throughout an employee’s tenure. Highly regulated industries and the government may adopt periodic or continuous screenings.
Hiring the right background screening company like Data Screening.com is critical. Make sure the one you hire knows the laws and regulations and operates with professional standards of accuracy in a timely manner.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
9 Tips to Reduce Liability in Hiring
An investment in knowledge pays the best interest. ~ Benjamin Franklin
Logic dictates that the more you know, the better your prospects are at growing a successful business. So why take chances when it comes to hiring? A negligent hiring lawsuit can result in astronomical costs. Even if a poor hiring choice does not result in a lawsuit, the bad publicity that can ensue could cause serious losses.
Employers should obtain a thorough understanding of a potential employee’s history and information, especially if that individual will have access to proprietary systems, personnel databases, or financial records.
According to the Society of Human Resource Management, more than 53 percent of all job applications contain false information. Doesn’t it make sense then to conduct a thorough investigation before hiring? In fact, some companies conduct periodic investigations of employees to screen individuals who they think may have committed crimes.
Criminal background checks can reveal whether an individual has a record of violent crime or theft. Background checks can also expose falsehoods on the job applications or in education. It will raise red flags to be questioned and resolved regarding minimizing the risk of hiring.
While it is important to prescreen candidates, it is equally important to adhere to the Fair Credit Reporting Act (FCRA). This law ensures an applicant must provide permission for a background check to be conducted and the subsequent right to dispute any adverse information on the report.
5 tips to reduce your organization’s hiring risk.
- Use an experienced, vetted agency such as Data Screening to conduct background checks and perform necessary due diligence.
- Establish criteria to evaluate the pre-employment information.
- Develop internal policies and mandates to promote a secure and safe work environment.
- Follow all laws and regulations including the FCRA and all release forms.
- Eliminate subjective decisions and ensure periodic screenings as deemed providential.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
What Is Negligent Hiring?
When a company brings a new staff member on board, that employee becomes an “agent” of the firm. However, should that new worker subsequently cause harm to a co-worker, client, or third party, the employer may be liable for a claim of negligent hiring.
Negligent hiring says the employer should have performed more due diligence when screening that worker before hiring. If properly done, the due diligence may have revealed that the worker just brought on board should, instead, have been disqualified from consideration.
It is valuable to note that companies can be caught in a difficult position.
While organizations wish to use background checks and criminal checks as part of their due diligence processes, there are two issues that can arise during the screening process.
First, screenings are not foolproof. Occasionally, some mistakes in databases are made, and lawsuits prevail on the web describing some of these cases. One particular case occurred a decade ago when a school bus driver was drinking and driving while on the job. He crashed the bus which led to the loss of lives.
Second, while companies do not wish to hire dishonest or dangerous people, they also must be careful in their due diligence screenings not to discriminate, as racial minorities have disproportionate conviction rates. Complying with the EEOC is also required.
Though no one can prevent an unhappy litigant from filing a lawsuit, every organization can record its efforts of how the due diligence process occurred. Screening policies should be in place that provides a thorough investigation into the details pertinent to employment. Those policies prove best when reviewed by a legal professional, or when a firm such as Data Screening is used.
Data Screening can provide due diligence screenings via a variety of criteria. Their services cover legal aspects as well as customized information to preclude negligent hiring claims.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
What Do New Marijuana Legalization Laws Mean to Employers?
Ongoing decriminalize of marijuana has posed challenges for employers. The 2016 election saw voters approve new marijuana laws in seven states and now, there are 28 states, plus the District of Columbia, in which the substance is legal.
Marijuana is still a Schedule I substance under the federal Controlled Substance Act. This federal law maintains the possession, manufacture, distribution and sale of the substance is criminal. The conflict between the federal and state laws (for those which have legalized the drug) is what creates confusion.
Employers strive to maintain a productive and safe workplace while protecting the rights of their employees. Consequently, as marijuana is legalized and its use grows, so do the number of employees who test positive for the substance in drug screenings.
What is an employer to do?
Companies have had to update their employee requirements to align with changes in their state’s legislation. For example, if a company has eliminated mandatory drug screenings, does it still have the right to issue a test for a single individual based on reasonable suspicions? If so, the employer must adhere to a strict guideline of what constitutes such behavior.
Generally, three factors are considered regarding employee drug testing laws: who can be tested under what circumstances; how would the testing be conducted; and, what were the procedures to be observed by the testing entity.
In some states, such as Colorado, the law allows employers a Zero Tolerance Policy. However, the history of legislation (i.e., ADA in 1990 and Compassionate Use Act of 1996) protects some individuals against criminal charges. So, how does an employer navigate the confusion? Is the employer covered under the Drug-Free Workplace Act?)
If so certified under “The Act,” employers need to develop and publish a written policy for all employees to comply with as a condition of employment. Further, it would be advisable for the employer to initiate awareness programs to educate employees about drug abuse and to offer drug counseling and rehabilitation programs. Also, require that all employees notify their employer within five days of any conviction for a drug offense in the workplace, and, last, continue to make a good faith effort to maintain a drug-free workplace.
Are you an employer who needs assistance regarding testing for drugs in your state or industry? Data Screening can provide due diligence screenings via a variety of criteria. Their services cover legal aspects as well as customized information regarding drug testing and marijuana decriminalization.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
Watch Out for Holiday Scams: More than Excitement Is In the Air
While you are enjoying your decorating and cookie-making, keep an eye and ear out for those humbug holiday scammers. They are rife this time of year with all kinds of ingenious schemes and hacking plans to catch you off guard and “relieve” you of your cheer.
Fraud is an ever-growing force among consumers. Perpetrators have a singular way of “knowing” what to say, saying it fast and friendly and tricking you unaware. From fake charities to “phishing” for details, be mindful of a potential free-for-all.
3 ways you could be attacked
One of the cleverest hacks has to do with “updating” a troubled computer system. A caller from an obscure location claims to represent a major company which you have heard of or recently used. The caller, armed with partial personal information, who says he or she has recognized you are having trouble with some computer operations, promises to fix it like new. Once he gets your login and password, he can do all manner of “work,” and you will be none the wiser.
A second scam pertains to your credit card’s magnetic strip, which is easier to hack than the chip and pin readers now replacing the swipe system. Since Target’s massive data breach last December in which over 100 million had their card info and data stolen, the new system is a welcome deterrent.
What remains the most successful scam? Email phishing is still tops, especially fraudulent ones from shipping companies. These schemes try to get your passwords as most people will use the same one for several if not all accounts. If these phishers get the right one, they could be in your finances before you can say “pumpkin pie.”
3 ways to thwart an attack
Regarding a computer update scheme, get the individual’s real name, direct phone number, company name and supervisor’s name. Then offer to call him back at a more convenient time. This gives you time to verify whether he is who he says.
For credit cards, be sure to follow the prompts for the chip and pin reader. Keep receipts and review your account online daily to make sure all charges are accurate. Question any you don’t understand.
For emails, look at the email address first. If it is not the right domain name, chances are it is not legitimate.
During this holiday time, Data Screening wants to make sure you enjoy your shopping as well as your celebrations. These warnings might help you bypass some of the schemes and frustrate the fraudulent.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
How Long Does It Take for Results of a Background Check?
Data checks are a matter of routine today in the pre-employment process. The growth of technology and the post-9/11 concerns about security have converged to make background checks a commonplace. For a company in the hiring process, a sense of expediency can often be a requirement once a candidate is selected for consideration.
Typically, a company spends a considerable amount of time and money to bring onboard a new employee and the candidate’s background check is but one strategic measure used to eliminate the risk of a wrong decision as well as reveal conflicts or concerns about the potential hire. Therefore, making the background check process accurate and fast is important even though a variety of factors are examined.
Once a pre-employment candidate has authorized permission for a background check (as required by law), the turnaround time varies. It depends on the type of search conducted, as well as the company which provides it. For example, a courthouse record or motor vehicle record check can take minimal time while a trace on a social security number, a criminal record check, drug and health screening and other records may take longer.
The time can range from three days to 30 days. The biggest time-delay is incorrectly filled forms.
In addition to the applicant’s age factor (the younger, the less history to review), legal compliance to your state laws plays a role.
If you want to receive the most accurate information expediently, it pays to build an on-going B2B relationship with one agency, such as Data Screening, for your investigations. Just as with other business relationships, familiarity with expectations and preferences help assure quality, attention, and efficiency.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
Employers Don’t Want to Hire Trouble
“I am convinced that nothing we do is more important than hiring and developing people. At the end of the day, you bet on people, not on strategies.” – Lawrence Bossidy, GE
Use one-day background check services that rely on databases alone, and you are asking for disappointment and, likely, trouble. Suffice to say the adage, “you get what you pay for,” is a truism here. Do you honestly want to put your business in the hands of someone who might not be who he or she claims?
There are valid reasons companies use third party agencies to screen candidates.
A complete background check does much more than verify employment history. Once the agency starts digging, they can look at nearly everything but the candidate’s kitchen sink.
An appropriate background check can find criminal records, sex offenses, judgments and bankruptcies, liens, tax records, driving record, education and income history. While credit reports may not be as popular a request as in the past, some employers follow the federal guidelines due to a compelling reason.
Some jobs also require you to provide a set of fingerprints, particularly if the job is in law enforcement or government security. In fact, agencies may also verify the candidate does not appear on any terrorist watch lists.
So, forego merely using social media scanning and database-only information and choose a search that will provide everything you need. Use an agency like Data Screening and get a complete, accurate and legal picture of who you wish to hire.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?