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Using Background Checks at Staffing Companies

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Background Checks for Staffing Companies

Finding the right people to work within a business is one of the most important elements of success. From filling an IT department with skilled systems administrators or experienced support staff to temporary knowledge workers and beyond, the importance of choosing the right people is hard to understate. Hiring is a process that almost never ends, too. Even when a company has all the workers they need, there is always a hunger for more talent, opportunities to expand, and insights for making improvements. Fresh perspectives bring those benefits to the table. So how do background checks for staffing come into the picture?

Choosing the best people to work for a business is vital, but hiring is also time-consuming and often expensive. The average new hire can cost businesses thousands of dollars in time and labor. Especially when a company needs to quickly fill gaps in their workforce, the traditional process can be too slow. Posting job listings, interviewing candidates, and making offers might take too much time to enable a business to adequately meet its labor demands. Enter staffing companies.

Temporary workers form a vital part of the labor force, especially in businesses that must staff large offices with skilled individuals. As people try to consider how small businesses can win "The Great Resignation," temporary workers have played an important role in filling in the gaps. However, even less skilled positions, including jobs focused on manual labor can rely on staffing and temp agencies to pad out the workforce with enough people to get the job done. 

In some cases, companies work directly with staffing agencies to partially replace their hiring process. These "temp-to-hire" positions often last for a set period of time, after which a business can choose to make a job offer that would make the temporary position permanent. The versatility and flexibility of such a process is easy to imagine. However, there are two major elements neither side of this arrangement can afford to ignore: safety and trustworthiness.

Some businesses, especially in regulated industries, will insist on applying their own background check policies in place of or in addition to what a staffing agency does. However, most companies using temp agencies expect their partners to supply quality candidates upfront. That demands a process within the staffing industry for background check usage on a consistent and reliable basis. What do businesses providing workers for other companies need to consider about this process? From the fundamental reasons for using background checks to the details of what vetting should cover, we'll cover it all.

Why Do Staffing Agencies Need to Do Background Checks?

A reduced time to hire and an increased ability to respond to changing demand with agility are two of the biggest reasons any business turns to a third-party agency for help. For many companies, navigating staffing challenges during a pandemic yielded important lessons, including the value of looking to outside providers for help. Knowing that such agencies may feel pressure to serve as many candidates as possible to as many partner businesses as possible—potentially skipping background checks in the process to appear even faster than the competition. Ultimately, that's not the best business plan. Why?

First and foremost, your business partners will expect that any individual you send to work for them has undergone some kind of vetting. Temporary workers are a well-established part of the workforce, and outside agencies have supplied businesses of all shapes and sizes with employees for decades. As such, there are common expectations across industries for how companies select and suggest workers for open roles that a business must fill. Those hiring temporary workers may even clearly define their expectations, including what they might consider disqualifying.

Second, your reputation as a reliable provider of quality staff is on the line. If an individual you connect with a position goes on to commit wrongdoing on the job, some of the blame may reflect back on you. For example, consider someone hired in to a position in a company's accounting department who then goes to embezzle funds from their employer. If that individual harbored serious debts before they were hired or had a past conviction for fraud, such an oversight could damage your brand and its capacity for bringing in business in the future.

Third, you may have a legal obligation to conduct background checks on certain types of workers and for particular roles. For example, some states regulate temporary workers in spaces such as healthcare or childcare and require background checks as part of the hiring process. A staffing agency is no different than any other business; even though you redirect people to work for other companies, the law still views your firm as an employer itself. As such, you must obey the relevant rules and regulations that require or regulate employee vetting.

Overall, staffing and temp agencies must incorporate background checks into their procedures as a core quality control and reliability element. Your reputation as a reliable supplier of qualified workers in any sector depends on the experiences your clients have. When a business knows they can turn to you for a quality supply of well-vetted employees, establishing repeat business and improving your reputation is within easier reach. Let's examine the benefits of implementing a well-considered screening policy in more depth.

The Core Benefits Staffing Agencies Unlock With Background Checks

A background check can be one of the most valuable tools for a staffing agency. Even in-depth reports covering a wide range of sources can be highly affordable today, especially in package deals designed to make it simpler to screen large numbers of individuals on a frequent basis. While we've considered how most business partners expect this process to take place on your end, it's also worth thinking about how your agency improves its results and the quality of its hires by using in-depth vetting.

In a way, doing your due diligence on individuals seeking work through temp agencies is the business's core function. Instead of thinking of a staffing agency as primarily a stopgap solution that provides anyone willing and able to work, consider it a tool for placing the right individuals in the best roles for their skills. From that perspective, vetting candidates for your business partners is about more than protecting the public or other workers: it's about verifying suitability and matching people to positions. Here's how an in-depth evaluation contributes to positioning your agency as a responsible partner.

Acquire Important and Accurate Information for Better Hiring

Who are you really hiring? What do you really know about that person you're passing on to another company for work? Vetting a candidate is about much more than assessing their criminal background. Verifying someone's references, checking into their credentials, and other tasks all contribute to letting you better understand the individuals with whom you'll share job openings from your clients. 

Not everyone is the best fit for every company or every role. That's true regarding skills and experience, but it's also applicable to whether someone will fit in with any given company's culture. Vetting as part of the interview and consideration process in staffing agencies lets you develop a more detailed conception of your available temp workers. Eventually, that translates into better outcomes for your clients, too. 

Uncover and Evaluate the Impact of Criminal Records

Criminal record checks are what everyone thinks about when they hear about background checks, and for good reason—it is the primary reason any business uses them. While someone's past is not necessarily a predictor of their future behavior, employers should have a clear-eyed view of their applicants. For example, some companies may have misgivings about hiring someone with a very recent history of violent felonies. 

Using criminal history checks lets you fully evaluate candidates according to the standards expected by your clients.

Be aware that as a staffing agency, you must still adhere to the state and federal regulations that govern how employers use background checks. For example, this includes the requirement to include a standalone disclosure that applicants must undergo a background check. You'll also need the applicant's signed consent per the Fair Credit Reporting Act. Always review local regulations to determine whether you must meet other requirements under "ban the box" laws.

Avoid the Risks of Negligent Hiring and Protect Your Partner Businesses

Let's consider the example of an applicant with a recent history of violent crime again. What happens if you send that individual to one of your partner companies, and that employee commits an act of violence against a coworker or a customer? While establishing negligence in hiring is a complex legal test, no business wants to face a potential lawsuit because they employed someone who caused harm to others.

Avoiding negligent hiring does not mean restricting opportunities for the formerly incarcerated but taking a more in-depth view of an applicant's overall suitability. In some cases, discussing this information with applicants can provide additional context that simplifies a final employment decision. For example, extensive evidence of rehabilitative efforts can be a mitigating factor. Employers must think carefully about their employees' potential to cause harm while also maintaining fairness. Obtaining and evaluating background checks demonstrates a proactive effort to maintain safety.

Fulfill Your Contract Obligations and Build Trust

Some businesses build long-term relationships with staffing agencies due to a frequent need to add capacity to meet project deadlines or meet increased demand during seasonal rush periods. As a part of these agreements, a contract may be signed between your agency and the other party that lays out many of the important details of the work you will do. This agreement might include the requirement that you will conduct thorough background checks on all individuals you send over as temps.

Even if vetting is not a contractual obligation you must fulfill, consider that investing in providing safe, qualified, and well-checked individuals can foster trust between your agency and its partners. When you consistently supply high-value individuals who are a good fit and who do not pose undue risks, you improve your reputation as a quality resource—and that kind of information travels by word of mouth in the business world, too.

Foster Better Relationships With Your Clients and Workers

Once you establish yourself as a trustworthy resource for expanding a company's staff on short notice, you can strengthen the relationships you have with clients. Some businesses prefer to only hire temps through agencies, using their internal hiring processes for full-time positions and other important roles. However, as the working relationship grows older and stronger between you and your partners, you can open up the temp-to-hire pipeline and expand the opportunities you have to generate revenue.

It's a win-win for both sides. Your partners gain even greater access to your ability to locate safe and suitable candidates quickly while you improve your bottom line and expand opportunities for employment to more of those in your community. For all these reasons, a well-planned background check policy powered by modern solutions is a must-have today.

What Kinds of Background Checks Should Staffing Companies Do?

How can an employment agency create a process that covers all the important information and does the best possible job at creating confidence in the quality of your candidates? Since your partners expect you to provide trustworthy candidates to fill their positions, a more thorough check is usually preferable. Some elements of the process should be the same for every candidate; consistency helps avoid any appearance of discrimination or special favor. Some job roles may require additional forms of background checks that other roles don't.

Consider the eight elements that can make up a successful background check policy.

Alias and Name Searches

Many types of people seek employment through temp agencies and staffing companies. Some do so as a matter of convenience, while others may do so because of fewer options available to them. In some cases, you may encounter individuals who try to hide from a checkered past by using a different name than their legal name. In other instances, someone may have committed crimes under an alias.

Tools such as the US AliasSEARCH provide a rapid way for staffing agencies to verify individuals' identity and uncover any aliases associated with someone's Social Security number. This add-on service is an excellent way to add another layer of protection to your process. Knowing your applicants is the first big step towards building up a pool of temps you can draw upon to serve your clients. An alias search ensures you don't leave potentially critical information undiscovered. 

Criminal Record Screening

The heart and soul of the pre-employment vetting process, criminal record checks are your best defense against future claims of negligent hiring. You must use these products in accordance with the law and you must avoid making them tools of potential discrimination. From an instant look at records from states and counties nationwide to searching local courts for recent records, there are many places where an individual's criminal records may reside if any exist. 

Because there is no centralized national repository of all criminal records, reporting agencies such as ours compile, maintain, and keep a database of these records updated. This effort ensures agencies can reduce delays in providing offers to candidates by quickly obtaining in-depth reports for their review.

The benefits of a far-reaching background check are even greater for staffing agencies operating in metropolitan regions. Metro areas can cover huge amounts of space and often contain many workers who frequently move between different cities and counties for employment. They may leave records behind in these counties before settling elsewhere. Building a process that gives you access to all the relevant records, no matter where they are, demands a partner that can offer the insight you need. Take care as you consider what level of criminal record vetting you need to deploy.

Pre-Employment Drug Screening

Some agencies choose to include drug testing as part of their hiring process rather than shifting that burden to the company that chooses to hire temps. It is always a good idea to ensure that you're suggesting responsible individuals work in other locations. Pre-employment drug tests can still reveal troubling information such as methamphetamine or opioid abuse. However, the environment surrounding drug tests has undergone rapid changes in the last five years, and those changes demand new considerations.

In "Marijuana and Background Checks: Does Weed Matter Anymore?" we took an in-depth look at how changing social attitudes and shifting legality have made certain elements of the pre-employment drug test more challenging. While every business must make decisions for themselves about how to handle positive cannabis tests in this new environment, staffing agencies should keep the policies of their partners in mind when developing such policies. Most employers today still prefer to foster a drug-free workplace but always discuss with other businesses and consider any local laws governing tests.

Preventing Sexual Misconduct in the Workplace

Preventing misconduct, harassment, and assaults in the workplace have always been important, but there is more focus on such efforts now in the era of #MeToo. Background checks often automatically include checking your state's sex offender registry for any matches connected to job candidates fielded by your agency. A broader check that includes multiple states may also be smart if the individual's background check contains evidence of prior sex crimes that may have carried a requirement to register. 

Not every offender registers as they should, especially when they move from one place to another. For temp agencies, it is critical to thoroughly screen candidates for any evidence of past wrongdoing that could jeopardize the safety of others in the workplace.

Verifications

Verification checks are among the most important steps a temp agency can take. How can you be certain that an individual's qualifications are legitimate? Looking into this information with help from a consumer reporting agency can streamline the process of verifying what someone tells you in an application or an interview. The most common verifications include:

  • Educational credentials

  • Prior employment, including time worked, positions held, and duties

  • Personal/professional reference checks

  • Professional license and certification verification

When someone represents their abilities to you as including particular skills, or when they speak of accomplishments at prior jobs, it's a good idea to make sure they're telling the truth. There is no shortage of stories in the news about workers who lied on their resumes, got a job, and then caused problems or even harm because of their lack of experience. Do the legwork your partners expect and pass along only candidates whose experience and trustworthiness you can verify.

Credit Reports

Should your agency use credit reports as part of the hiring process? It typically is not a normal part of selecting workers, especially temps. However, as we mentioned earlier, there are some professional job roles where individuals may have extensive access to a company's financials and even bank accounts. In these rarer cases—and when reviewing such reports are permissible under the law—pulling someone's credit report may have value. Note you may have to provide separate disclosures and consent agreements to applicants under the FCRA.

For the average employee headed to a business to fill an empty desk, credit reports don't yield information that is highly relevant to hiring.

Driving Records

Most temp agencies don't supply individuals for the sole purpose of driving vehicles for a company, but there may be occasions when that is true. In other scenarios, the duties of the job may involve regularly operating a company vehicle. When this is the case, your agency must order and carefully review a motor vehicle report that describes the individual's driving history. The Department of Transportation strictly regulates individuals driving for commercial purposes, and your agency will not be exempt from meeting these requirements. 

Discuss with your partners whether employees will drive on company time before including MVRs in your screening service. There is no reason to review an individual's driving history as part of hiring for a temp position if they will spend all their time behind a desk rather than behind the wheel.

Ongoing Monitoring

Screening at temp agencies shouldn't end once you make an initial determination of suitability. There are two reasons to invest in ongoing monitoring tools that periodically re-screen individuals to uncover evidence of new potential wrongdoing. First, workers may stay in the temp pool for weeks or even months before placement. By the time you extend an offer to one such individual, their background information could be out of date. Ongoing monitoring ensures you can maintain a stable of workers that meet your expectations and those of your clients.

The second reason to deploy ongoing monitoring is to strengthen your relationship with business partners. A proactive effort to send only the safest and most qualified workers to join other teams showcases your commitment to quality. Over the long term, that kind of reputation can pay dividends when you're branching out to support other companies.

Background Screening FAQs

Read on for answers to many of the most frequently asked questions about vetting employees with help from background screening companies.


Staffing companies look at many of the same elements that regular employers consider during the hiring process. This process usually includes a criminal background check, a sex offender registry check, and processes to verify information provided on the application or resume. This effort aims to identify suitable candidates that agencies can safely offer to businesses that need additional staff on a short-term or short-notice basis. Our resources for staffing agencies contain an in-depth look at these processes to support standing-up vetting solutions that enhance confidence in every hire.


Turnaround time for employment screening depends on the level of detail you request and the types of additional verifications you need. A basic criminal background check using the US OneSEARCH can return results instantly for most of the United States, but some states impose additional restrictions that can add one to three business days to the process. Verification checks can take additional time based on the detail an agency requires or the number of organizations we must contact. In extreme cases, such as those requiring referencing an international criminal system, screening may take several weeks. Most commonly, though, you can make background checks for staffing swift and streamlined.

Additional Resources


States are Requiring Background Checks for Locksmiths

Throughout the US, several states are now requiring locksmiths to not only be licensed, but to undergo state regulated background checks. Even when states don’t have requirements for locksmiths, some cities, like New York, NY, has made their own regulations on locksmiths. Currently there are eleven states that have some type of regulation for locksmiths. Many wonder why locksmiths are being regulated as they are but these professionals have skills that enable them to open locks that most people would have no idea how to manipulate. This gives them an open door for crimes such as theft and robbery.

Nationally, locksmiths that are members of the professional organization, Associated Locksmiths of America, are required to undergo background checks as well, but every locksmith is certainly not a member of this organization. The organization prides itself on high ethics and asks that their members do not use their skills in a way that would compromise public safety.

For companies who wish to background check their locksmiths, hiring a third party company like backgroundchecks.com can make the process easier. This company has several products, like their US OneSEARCH which will search criminal records from all over the US, including terrorism lists. This product allows organizations to quickly search across the nation for criminal records, which lowers the odds of hiring somebody with a criminal past.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

For more information about our authors, click here.

Source: http://www.washingtonpost.com/local/is-it-really-safe-that-dc-has-so-many-locksmiths/2012/03/12/gIQAWlLK8R_story.html

Sex Offenders Have an Open Door in Florida Thanks to Weak Law

James Roy Melton Jr. is a convicted child sex offender in the state of Florida. Even after his conviction, however, he had been able to secure work as a camp counselor and sadly, it is unknown exactly how many children may have been abused by him. The summer of 1997 was the summer that Melton Jr. was able to work at the summer camp and the laws have still not been changed.

The state of Florida does have laws in place to protect children from sex offenders, but in one of the most obvious places, summer camp, laws don’t provide or mandate any type of reporting or enforcement. Though it has been almost 15 years since Melton Jr. worked at the camp and he has been in prison ever since, Florida residents are puzzled as to why nothing has been done to change these laws. When earlier reports surfaced in 2010 lawmakers like Senate President Mike Haridopolos; Stuart Rep. William Snyder, chairman of the House Judiciary Committee; and Sen. Ronda Storms, head of the Senate’s Children and Families Committee all promised swift change, but didn’t follow through in 2011

As it stands, Florida summer camps are effectively unregulated in regards to licensing and screening of employees and volunteers. In fact, the state has no idea how many camps there are in Florida nor do they have any information on the people who run them. Once James Roy Melton is released he could set up a camp without any license, invite children in and who knows what may happen. It is thought that Melton Jr. abused at least 12 children when he was at the camp in 1997, but even now, since nothing is regulated when it comes to camp, it is unknown if there were just 12 or possibly more.

There are only six states in the nation who do not regulate camps and Florida is by far the largest of them. It is known and on record that lawmakers have been made aware of this situation since at least the mid 1980s. The legislature could decide to authorize third party screening companies like backgroundchecks.com to carry out and certify checks. This company has dedicated programs allowing sponsoring organizations to set screening standards and compel employees and volunteers in participating organizations to go through basic or advanced background checks, which nearly always includes a product like the US Offender OneSEARCH which instantly checks sex offender registries throughout the US.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

 

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Source: http://www.wptv.com/dpp/news/weak-laws-pave-way-for-child-sexual-abuse

Massachusetts School District Performing “Flash” Background Checks on Visitors

In an effort to protect students, the Medford, MA school district has launched a new background check system in their schools. All visitors of any of the Medford schools will need to show ID at the school office. At that point, the office will run an instant background check on the person which will show any criminal history. The person’s name will also be run though the state sex offender database.

If a person who is at the office has a suspicious record, administrators are immediately notified and the person is asked to leave school property. Though the system was $10,000, something that many schools may not be able to afford, Medford schools feel as if it was a good investment. In addition to keeping their visitors on track when it comes to these instant background checks, all staff and volunteers are put through a more extensive background check like those you may find at third party companies.

One of these third party companies, backgroundchecks.com, offers several products that can offer such instant checks to help keep their schools safe. One of the instant products is called US Offender OneSEARCH.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

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Source: http://www.wickedlocal.com/medway/news/x1170540400/New-security-system-is-Gate-for-Medway-schools#axzz1nrqAGHBf

Oregon Makes Background Checks Easier for Service and Education Volunteers

In the state of Oregon, new legislation has been passed that will make background checks for education and service volunteers easier. The new bill will also make it mandatory for some people who work for the state government to go through background checks who were never required to get background checks before. These new requirements are important as they will make it harder for criminals to get access to important state information as well as access to children and the elderly.

Per the new regulations, any employee who currently works or volunteers in service or education in the state will be required to go through a background check. Prior to the passing of this legislation, the system was extremely confusing as there were several tiers and requirements depending on the position. Some examples of those who will now be required to get background checks are custodians, home care employees, and volunteers at schools. The new background check requirements will streamline the way hiring and processing employees are done.

Now that the state is checking all of their service and education employees and volunteers, they are taking a great step towards making sure all state employees are covered by background checks. There are definitely certain things that the state could to do make these background checks even more effective however. Making policies to run background checks on all employees every year or every five years would be an excellent way to ensure safety in the work place. When these policies are enacted, companies and organizations will be able to ensure that the people they hire have clean backgrounds. This will also protect organizations from any liability they may face should an employee commit a crime.

When organizations and companies are looking to do a thorough and extensive background check, hiring a third party background check company like backgroundchecks.com will likely be able to make this process easy and make sure that all employees are compliant with policies. There are many products available from backgroundchecks.com including Multi-State OneSEARCH. This product is great as it allows companies and organizations to search records in up to five states. The records that are available include criminal records at the county and state level as well as a search of state sex offender registries.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

 

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Source: http://www.ktvz.com/news/30555129/detail.html

Safe Churches are a Priority for Seven-Day Adventists

The Seventh - day Adventist church is taking a step that many other corporations have done: they are putting their employees through background checks in an attempt to help keep children safe. Though the Seventh-day Adventists are technically a religious organization, they have employees just like any other corporation and they are taking on the responsibility of performing background checks on their employees in order to keep their churches safe from misconduct and abuse, something that has plagued other religious organizations in recent years.

In addition to performing background checks on employees and volunteers, the church is also using education in order to teach both children and adults what is right or wrong when it comes to conduct and interactions with each other. They want to make sure that the church is a safe place for children to be and have really made a lot of progress, more so than other churches, when it comes to making sure they are covering all the ground they can.

Some of the other things that the church is doing, short of background checks and education, is making many of their employees mandated reporters, which means they are obligated to report any misconduct or wrongdoing to the powers that be. This includes anything that can be seen as a crime against a child. The great thing about this is that it has been in place since 2003, much sooner than many corporations began doing this. Though the check on volunteers was not added until 2011, the church, overall, has been very proactive about setting up a very safe environment for children. Volunteers include those members of the church who teach religious classes to children, those who work with church youth groups and anyone involved in the youth programs of the church.

Organizations, like the Seventh-day Adventist church, who are taking the responsible route when it comes to background checks could really benefit from using a third party like backgroundchecks.com. This background check company has many products that really help organizations get a thorough view of their employees. One of these products is known as the US Offender OneSEARCH and would be very helpful to the church as it searches for matches against sex offender databases all over the country. The church has a responsibility not to allow sex offenders near children and using these products is an excellent way to go about it.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

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Source: http://news.adventist.org/en/archive/articles/2012/02/21/safe-churches-a-priority-for-adventist-risk-management

Rhode Island Background Check Law Has Passed

After a week of debate, Rhode Island lawmakers have passed a new background check law that will make it mandatory to perform a criminal background check on adult volunteers who wish to participate in youth mentoring. This law would require all applicants who want to work with children through state programs to undergo a full criminal background check.

Currently, Rhode Island requires background checks for all adults who work in schools, but mentor programs are not included in that law, though some of the mentor programs do take place in school locations. Lawmakers believe that the expansion of the previous law will help keep children safer both during the school day as well as when participating in afterschool activities.

Many companies, as well as schools, all over the country use third party background check companies like backgroundchecks.com for their background checks. This company in particular has a wide variety of products that would be great to use when checking the backgrounds of those who work with children. One of them is called US Offender OneSEARCH and it will be able to show companies if the person in question has a history of sexual crimes anywhere in the US, as well as in some US territories.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Click here to find out about our authors.

Lawsuits Filed Against Schools Due to Changes in Background Check Policy

The state of Pennsylvania have been sued by four teachers who are fighting to save their jobs after new laws have been put in place to protect children. Under a new Pennsylvania state law, all school employees, including teachers, administrators, contractors and support staff, must report certain arrests or convictions within three days. The crimes that must be reported include physical assault, sexual assault, homicides and kidnapping. In total, there are 28 crimes that must be reported to authorities.

Four separate lawsuits have been filed against the state due to this new law as the interpretation of the law seems to be causing problems.  The language of the law states that anyone who is convicted of one of these 28 crimes would be terminated from their job immediately. However, it seems to imply that this is only for future employees, not those who are already employed by Pennsylvania schools. It is important to note that those who are filing lawsuits are those who have been convicted of one of these 28 crimes and are at risk of termination due to this new law. If they lose the lawsuits, they will lose their jobs as teachers.

The teachers will be fighting that the law is unconstitutional and that the results of these background checks should not apply to current employees. They state that it violates the due-process rights of the employees and they should not have to suffer further for these crimes as they have already paid their dues to society for the crimes that they have committed. This will be a hard sell in court, however, since many schools have programs where criminal monitoring is done continuously and most companies in the US have similar policies as Pennsylvania schools have. In general, most people believe that this is the right thing to do in order to keep school children safe while in a learning environment.

When it comes to the companies who do these background checks, many of them, like backgroundchecks.com, offer some excellent products that allow companies to make sure they are hiring and retaining employees who have a clean criminal background. There are even products like Ongoing Criminal Monitoring that will be used as an add-on to their other products. When used in conjunction with their other products, criminal monitoring can be used to continuously scan a person’s name and report when new crimes appear on their records. Using these tools can help keep children safe and well while they go through their school day.

Employee applicant succesfully disputes entries on background report, but is disqualified anyway

Eric C. Johnson v. ADP Screening and Selection Services, Inc. et al., 2011 U.S. Dist. LEXIS 18361(D. Minn. Feb. 24, 2011) Facts: Plaintiff claimed that Defendant employment agency Robert Half International, Inc. (“RHI”) violated the FCRA following the running of a background check on him as a prospective employment candidate. The background report stated that Plaintiff had numerous criminal convictions in Minnesota, Texas and Virginia. RHI sent Plaintiff a letter stating that it had placed his employment application on hold as a result of the report and included a copy of it and a summary of rights under the FCRA. The notification letter further stated that Plaintiff could dispute the information, and that Plaintiff had ten business days in which to submit a revised report to RHI if the dispute resulted in a change to his background report. Plaintiff subsequently disputed the report. Plaintiff was informed that the investigation might take thirty days. Soon thereafter, and before the investigation was completed, RHI sent a letter to Plaintiff stating that he had been disqualified as an employment candidate. Defendant ADP Screening and Selection Services, Inc. (“ADP”) subsequently sent letters to Plaintiff indicating that the criminal records from Texas and Virginia would be removed from his background report. ADP also informed RHI of this investigation result. Despite this result, RHI decided not to overturn its decision to disqualify Plaintiff. Plaintiff claimed that RHI violated 15 U.S.C. § 1681b(b)(3) by disqualifying him fourteen days after it sent the required FCRA notice instead of waiting a longer period which would have been “reasonable” under the statute. Defendant RHI filed its summary judgment as to Plaintiff’s claim, claiming that the FCRA does not mandate a waiting period between the notice and subsequent adverse action. The Court agreed and granted RHI’s motion in its entirety. Pre-Adverse Action Notice Requirements.The FCRA is not an employment statute, but it imposes a duty on employers to provide prospective employees with information about their consumer reports. Thus, under 15 U.S.C. § 1681b(b)(3)(A), before a person takes an adverse employment action against a consumer based in whole or in part on a consumer report, the person intending to take such adverse action shall provide to the consumer to whom the report relates a copy of the report and a description in writing of the rights of the consumer. Adverse Action Notice Requirements. The FCRA only requires a person intending to take adverse action to provide a copy of the consumer report and FCRA rights before taking action. It does not mandate a waiting period between the notice and the adverse action. Note: the Court noted that Congress's use of the word "before" shows that there must be some time between notice and action. Adverse Action Notice Requirements. Although Plaintiff argued that the time between notice and action must be a "reasonable" amount of time, and raised the point that the FCRA gave credit reporting agencies thirty days in which to investigate disputed information, the Court found that Plaintiff’s interpretation would create an unreasonable constraint on employers. Specifically, the Court noted that if Plaintiff’s argument was to be adopted, each time an employer wanted to hire, it would be prevented from taking action if the consumer report of any applicant -- even one that it had no intention of hiring -- contained information that reduced that applicant's competitiveness. The employer would then have to place the entire process on hold and leave the position unfilled until the reporting agency had thirty days to investigate. Likewise, Defendant RHI’s interpretation rendered the term "before" meaningless, because if adopted, an employer could deliver the notice and then take adverse action within seconds.Note: The Court did not adopt either interpretation, and found that waiting 4 days (which is what took place between Plaintiff and RHI) provided Plaintiff ample opportunity to dispute the report, even under a “reasonable” standard. The Court also held that nothing in the FCRA required an employer to consider any correction that a reporting agency might make based on an investigation About Strasburger & Price Attorneys from Strasburger & Price, LLP involved in FCRA litigation have been monitoring and analyzing the legislative and caselaw developments related to this area of the law. This group of lawyers will continue to follow these developments throughout the coming months to help you understand how it impacts your business as well as to help you make the necessary decisions to succeed under this ever changing area of credit reporting and employment screening/criminal and credit background check compliance. Click here to find out about our auhors.

Some Pre-Schools are Not Performing Background Checks on Volunteers

It has just been uncovered by a local television station that some Washington state pre-schools are not performing background checks on their volunteers. Parents are, of course, outraged by this development and many are calling for action to be taken. Though there are some pre-schools that are making the responsible choice and performing background checks on everyone who is in contact with children, those who are not area only putting kids and other employees at risk.

According to news reports, the schools that have been found to be lax in their background check policies are those in the Pasco, WA area. The television station who has released this information state that their research yielded the frightening statistic that only 4 out of 7 pre-schools that were contacted actually check their volunteers against criminal databases. For the 3 that are not performing these checks, the children who attend these pre-schools could be in a lot of danger.

Those schools who are currently performing background checks on volunteers and employees like Small World Learning Centers, has a defined process that everyone must go through who will be working with children. They need to get a background check done though the Department of Early Learning then send the official information back to the Small World Learning Center where they will be working. Only then will they be able to volunteer their time.

It is important to note that only parents and guardians of other students at pre-schools are generally allowed to volunteer for things, but these people can certainly have criminal backgrounds that many people would not be comfortable letting their young children communicate with. Gateway, another pre-school in the area does not background check any of their volunteers. According to a representative of the school, volunteers are not allowed to be in the classroom without a teacher, so they do not feel the need to background check everyone. However, just because there is a policy that a volunteer cannot be in the classroom alone, doesn’t mean it won’t happen.

For those pre-schools that are not performing background checks, hiring a third party company like backgroundchecks.com would be extremely beneficial to them. There are several great products that backgroundchecks.com offers like US Offender OneSEARCH which searches all sex offender registries nationwide. With this and other products that backgroundchecks.com provides, these schools could be thoroughly checking volunteers as well as employees, which can help keep children safer.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://www.keprtv.com/news/local/No-background-checks-on-volunteers-139410258.html

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