Ban the Box and Criminal Record Laws
Employers and HR Managers are on constant alert for changes to state and federal background check regulations to prevent discrimination in hiring practices and screening laws. This includes the evolving Ban the Box laws.
The phrase “Ban the Box” was coined by groups in a civil rights campaign on behalf of ex-offenders who frequently were unable to secure or were limited in the jobs for which they could apply or be hired.
The underlying concept was if an ex-offender could not find a job, a higher percentage of those people would tend toward recidivism. So, instituting more advantageous hiring policies would benefit society by fewer ex-offenders backsliding.
Advocates of the program agree to its necessity because of stricter laws governing drug crimes—which may have been the result of a wrong decision in an applicant’s youth.
Those who disagree argue it exposes their businesses and employees to higher risk and potential crime. Some propose it could also expose employers to more lawsuits from unsuccessful candidates. However, those who wished to quiet the campaign may have inadvertently enforced the Streisand Effect on it.
Either pro or con, there is an official guidance offered by the EEOC. The guidance provides details (in Section III, A.) regarding contextual framework for use of criminal record-screening.
Criminal Record
As with the Ban the Box trend, employers are expected to consider an applicant’s qualifications before learning about their criminal history. To date, more than 150 cities and counties and 30 states have adopted the fair chance practice.
States, too, have included their interpretations to the ban the box and criminal record checks, such as how long after the criminal history the employee is applying, and how grave was the offense. These amendments help the employer to assess individuals concerning the duties inherent to the job.
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).
Is a Former Employer’s Bad Reference Harmful?
Company XYZ wanted to hire Joe Blank. He seemed the perfect candidate to fill the job after a lengthy and exhaustive search. Is there such a thing as a too ideal candidate?
Even his credentials seemed a masterful fit to the position’s requirements. If Joe was so perfect, then why did he have two bad references?
One negative reference would have been conceivable to overlook. But two?
The firm decided to dig deeper to find out why and asked the staffing agency that had found Joe to look further into his background. Was it possible that two of Joe’s former bosses had real issues with Joe’s performance? Were they crazy or was it sour grapes?
Here are three points to consider about references:
- The Rant. When a former manager begins with negative comments and continues on a rant, it may be time to disregard the conversation. After all, the agency had spoken with Joe but didn’t know anything about the person providing the reference except that Joe had given the agency the name. And, yes, it is possible that two bosses had given bad references. People do tend to report negative qualities rather than positive ones.
- The Truth. When Joe had applied for the position, he had been candid that he left his former positions with some conflicts. He admitted that he had ethical issues with some of the tasks his former managers had asked him to do.
- The Excuse. The person providing the reference appeared double-minded. “What would you like to hear? Joe did his job okay, but I just didn’t like him. So, I wish you better luck.” Then before the agency representative hung up, she heard Joe’s former manager say under his breath, “Joe doesn’t know what he’s worth. If I give him a bad rap, he can’t leave.”
The point of any reference is to confirm what the interview has revealed. While it can push a decision forward, it also can feel like such a shot in the dark that it’s best to disregard what is said and rely more on the background screening.
In Joe’s case, the third reference gave glowing remarks and answered the representative’s questions in detail which persuaded her that Joe was worth receiving the job offer.
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).
Answers to Three Important Questions about Background Checks
What can a firm expect when outsourcing candidate background checks? The following Q&A may help you decide what is right for your business.
Q.I have a small business and must carefully watch my bottom line. Why would I hire an agency rather than just use information at hand, like searching the Internet and Social Media, or speaking with references supplied by the candidate?
A. Internet and Social Media findings are just a place to start. Because it is difficult to know from what source the information originates, neither will provide the most complete picture of the candidate. Too, it is always best to hire a reputable screening agency, so you comply with federal and state ethical and legal standards.
Speaking to a candidate’s references can be an excellent way to confirm what the candidate expressed in an interview. The reference received, however, may be incomplete for several reasons. A former boss may not give a complete or honest answer about the candidate. You do not know the person providing the reference, and, the person may not have known the candidate. (Some candidates are clever and give their friend’s information knowing s/he will pose as a former boss.)
Also, the previous boss may have moved on. Or the reference will only verify the person’s employment start and end date and their salary.
Q. Why do I need to perform a background check?
A. In keeping with federal, state and local statutes, a thorough background check includes verification of past employment and can include a credit history and criminal history. These aspects help as a means of judging a candidate’s past, character and fitness as well as determining the potential risks for safety and security. For instance, an employer can tell if the candidate lied about being terminated from a past position, or avoided mentioning being charged with a DUI. Remember, as a business; you are also responsible to ensure the safety of all your employees.
Q. What else does an employment background check do?
A. It flags discrepancies in the information the candidate provided. It verifies education and certifications. It reduces risk and liability by fulfilling due diligence. It highlights a criminal or drug history. These factors give a more complete picture of the candidate.
It might sound cliché, but paying for a reputable professional agency, such as Data Screening.com, to provide the information you need on your prospective candidates gives you peace of mind about hiring. Since many businesses tend to be overwhelmed with responsibilities, laying to rest the worry about applicants seems a good ROI.
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).
The Story of the Gift that Wasn’t
Who of us has not seen or heard the ads for Publisher’s Clearing House (PCH)? Where the firm’s “prize patrol” appears at the front door with balloons, champagne and an oversized check for thousands of dollars?
Haven’t you wondered why (if you have entered this contest multiple times over the years) you have never won anything—even a free magazine subscription? Beware, while PCH has to follow the appropriate legal requirements, those who “pretend” to be PCH – or any other company, couldn’t care less about legalities.
So, beware of unusual calls, especially during the holiday season.
Here’s what happened to us.
Out of the blue, we got a call from a “law firm” said to reside in New York City who represented PCH. Since we had casually entered the PCH drawing, we decided to accept the call and continue the conversation.
The caller’s commentary could be believable; so, we stayed on the line with him. He said we had won the second prize of $200,000 in the PCH giveaway, and it was his job to disburse the winnings.
He verified our address and said a cashier’s check would arrive by a specified carrier at a specific agreed upon time the next day. We just needed to be present to sign the check. He also promised no one else would arrive at our door as that only happened for the grand prize.
We still listened, but we also began to check on the name of the firm to verify the call.
Next, the representative told us the amount of the award would be about half once taxes were paid. (Well, of course, the IRS would have to get a share.)
The gentleman told us that his firm was also tasked to save us taxes and by their calculations, the savings were over $56,000. He informed us of the exact dollar amount we were supposed to receive.
Then he passed us to his supervisor to complete the transaction.
Now we were more skeptical but remained on the phone. The supervisor again verified what the previous representative had told us.
While we continued listening, we looked up the name of the firm online and found nothing. Neither did we locate the area code for New York. The number seemed to come from another state altogether.
Suddenly, the call dropped. We never heard from the caller again, and no one showed at our door at the “appointed time.”
‘Tis the Season
While the call we received did not come during the height of the Holiday Season, there are still many scam callers who use this time to play on unsuspecting individuals. In fact, like those “legal representatives” who called us, scammers are so skilled that they sound convincing.
The moral here is clear. Pay attention to – even search for – red flags.
- No matter how enticing the conversation, make sure to vet everyone, before committing to anything.
- Never share your bank, credit card, or payment information with them unless they can prove legitimacy.
- If you do receive a false call, follow the steps in this video presented by the Federal Trade Commission.
- Above all, keep your awareness high especially during the Holiday Season.
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).
What Can Giving Gifts to Clients Do for Your Business?
Without clients, your business would not exist. Showing your appreciation especially during the season of gift-giving is more than just participating in a ritual. It is leverage for your business.
- Offering a gift shows your service providers you are thankful for the services they performed for you and your business during the year.
- It keeps you top of mind (though this should not be the purpose for sending a gift).
- More subtly, it shows you are invested in their success, and you were grateful for the opportunity to move them toward that end.
- It gives you a reason to connect. Any conversation may elicit more ways in which you can serve them.
8 Tips to choose the right gifts:
- Set a spending limit
- It’s okay to be personal but not intimate
- It’s best to offer shareable gifts
- Keep in mind the company culture and diversity
- Be mindful of beliefs and faiths
- Consider posting information with food items (such as gluten, nut-free, dairy-free, etc.)
- If the number of employees is small, consider a gift card that can be used anywhere
- Always include a personally written thank-you for your business card with each gift.
Before you do anything, verify a company’s policy on gift-giving. Most military, government or unionized organizations may frown up the practice. In any instance, you want to show goodwill and not make anyone uncomfortable.
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).
Ways to Show Gratitude to Colleagues and Clients
Thanksgiving, with its cravings for turkey and a table full of family and friends, has quickly passed and our thoughts turn from thankfulness to what we want for Christmas – wait . . . thankfulness is a year-long essential. That’s the Data Screening challenge – to make expressing your gratitude to colleagues and clients a lifestyle, rather than a season.
The book, The 5 Languages of Appreciation in the Workplace, by Dr. Gary Chapman and Dr. Paul White, tells us that nearly 90 percent of employees leave their firm due to the lack of feeling trusted and valued. Additionally, human resource professionals realize those who work in customer service and hear the most complaints just quietly exit from their jobs.
Chapman’s and White’s book covers five languages (categories) with detailed examples of how supervisors/managers and business owners can express gratitude to their workforce and clients: words of affirmation, quality time, acts of service, tangible gifts and appropriate human physical touch.
The book also explains how the languages rank differently with different individuals. In other words, it tells why some categories work better than others, and why it is important to “read” the person’s preference.
Overall, it is safe to say that everyone places an essential importance on being heard. It is why actively and attentively listening to the person who is speaking is the key to moving ahead in a positive way.
It’s true we all make assumptions about those we work with, know and serve, but this time of year, take a few extra moments to listen and “speak” to your employees and clients in their language of appreciation.
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).
4 Ways Your Candidate Could Fail a Background Check
In today’s gig economy, finding a qualified applicant is challenging. Let’s say after months of searching and expending generous overhead; you’ve discovered just the right specialist for the position.
All the interviews and skills assessments are completed, and the offer has been extended, pending an acceptable background check. You have submitted the information to a reputable, professional screening agency such as Data Screening. You know they follow standards you impose as well as all legalities of Federal and State mandates.
But uh oh, there’s a problem with the candidate’s background check. How do you handle the discrepancies?
- If there are inconsistencies between their resume and the background check, talk to the candidate. Can the errors be reconciled? Be aware if there are significant discrepancies, it may signal future problems.
- If there are issues such as judgments, liens, delinquencies or bankruptcies with the candidate’s credit score and financial records, ask the candidate to explain. Look for poor financial patterns over time. Everyone has a difficult time now and again. Perhaps the person has suffered a divorce, or a family member has had a catastrophic illness.
- If there is a criminal history, it is essential to know the circumstances and how much time has elapsed since the conduct in question. Note that an arrest and conviction are different. Arrest records are not proof of criminal behavior.
- If there are errors – yes, they do happen. Verify the information is correct. You don’t want to lose a good candidate because of a misunderstanding.
Using a reputable professional will put you in the best position to make sure you are hiring the right person.
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).
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?
A Clean Slate in 2017
You have made the decision this is the year to change your life, to wipe the slate clean. But can you?
Your history has been anything but stellar. A string of bad relationships has cost your heart and your finances. A bevy of poor decisions has cost your credit and credibility. How do you eliminate the bad and build the good?
And if you can manage to put a new face on your data screening, how long will it take?
The answer is . . . It depends. But the sooner you begin, the better.
Here are steps you can take to get the process moving (and continuing) forward.
Make sure to get copies of the records pulled against you. If you cannot obtain those, then get copies of your records and FICO score directly from the credit bureaus Transunion, Equifax, and Experian. You can request one copy for free annually from these agencies, and you should scour it carefully to understand where to start making changes.
There are various services and strategies for addressing changes in your credit profile, and only you can determine what works best for your situation; however, study resources carefully, as some are more helpful than others. Credit repair agencies can operate differently than debt consolidation agencies. You may find it helpful to seek counsel from someone wiser whom you trust as to the best way to proceed.
If you have been involved in a criminal complaint, gather records from your local courthouse.
Once you have these records, you can check for any misinformation or errors. You may need to write letters and provide proof of payments to settle any disputes. You can also call collection agencies and discuss terms with them.
This information introduces how to begin improving your profile. Truthfully, it may take a year or three until you have purged the lackluster data. Moreover, while a clean slate might be the ultimate goal, don’t neglect each step along the way. Sometimes our mistakes are opportunities in disguise to teach us life lessons. Chances are, you’ll connect with someone with whom you can share your experience.
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?
Choosing Your Tenants Wisely
Have you ever had to deflect complaints about tenants? Have you ever had to evict a tenant for nonpayment, or worse, had a tenant skip out on you?
While it is true that there are no guarantees in how people might behave, nor how they might maintain solvent financial status, choosing whom to rent is an important decision. Filling a vacancy should, like any sound business decision, require more information than a surface meeting with the potential tenant.
Once you have the tenant’s permission and s/he has filled out an application, use an agency like Data Screening to receive accurate information and scoring on which to base your rental decision. Whether you are a landlord, property manager or real estate professional, you can receive various screening information about tenant applicants, including:
Tenant background checks with the current and previous landlords. This criterion reveals tenants who pay rent on time, as well as high-risk tenants who don’t. Validate these factors before further consideration.
Applicant credit checks reveal credit scores and bankruptcies, collections, and judgments, which help identify the applicant’s risk for paying late. They may also indicate whether a cosigner might be required.
Criminal searches show if an applicant has a criminal record. This information can prevent a perception of discrimination and minimize rental income loss.
Eviction searches show evidence of tenant evictions as well as reports of income loss.
Screening and background checks provide useful information to aid decision making and ensure your return on investment. Using a professional screening agency like Data Screening will produce fast, accurate information that meets legalities and confirms you can make a wise decision.
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?