Background Partners | Enterprise Solutions, Boutique Support. - Blog by Kayla Florence

Recent Hearing Discusses AI in Employment Decisions

Thu, 16 Mar 2023 10:17:15 -0700

There has been an increase in the use of automated systems in employment decisions such as recruitment, hiring, monitoring, and firing of employees. In a hearing called “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier” the United States Equal Employment Opportunity Commission explored the role artificial intelligence systems play in making employment decisions.

On January 31, 2023, computer scientists, legal experts, employer representatives, civil rights advocates, and industrial-organizational psychologists gathered as members of a discussion surrounding AI being a biased system that may discriminate and therefore negatively affect diversity, equity, inclusion, and accessibility initiatives.

EEOC Chair Charlotte A. Burrows vocalized, “The goals of this hearing were to both educate a broader audience about the civil rights implications of the use of these technologies and to identify the next steps that the Commission can take to prevent and eliminate unlawful bias in employers’ use of these automated technologies.”

The January hearing serves as a continuation of the EEOC’s AI and Algorithmic Fairness Initiative, an agency-wide plan seeking to guarantee software, including artificial intelligence, complies with federal civil rights laws enforced by the EEOC. Along with this, the EEOC published, “The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Asses Job Applicants and Employees” accompanied by a hearing to which almost 3,000 members of the public attended.

At the beginning of 2023, the EEOC published the “Draft Strategic Enforcement Plan (SEP) for 2023-2027 that “recognizes employers’ increasing use of automated systems, including artificial intelligence or machine learning to target job advertisements recruit applicants and make or assist in hiring decisions.” Along with this, the document highlights, “screening tools or requirements that disproportionately impact workers based on their protected status, including those facilitated by artificial intelligence or other automated systems pre-employment tests and background checks.

Background Partners provides award-winning, boutique, and knowledgeable screening services for employers nationwide through comprehensive background checks, education/employment/certificate verifications, drug testing, and occupational health screening. We educate clients on best practices to mitigate risk (LIKE ON-GOING SCREENING!), maintain proactive communication to stay "in the know", and guarantee lightning-fast turnaround so you can make well-informed decisions faster. C ontact Us to find out how we help employers confidently on-board new employees easier & faster!

Background Partners does not offer, or provide, legal advice of any kind. Any information on this website is educational information only.

Get Started Now

Have You Reviewed Your Screening Program?

Fri, 10 Mar 2023 10:54:09 -0800

Employers seeking to conduct background checks on job applicants have a legal obligation to comply with the Fair Credit Reporting Act (FCRA). This act requires that employers provide clear and conspicuous disclosures to job applicants and obtain written authorization from them before conducting a background check.

Recently, the U.S. District Court for the Northern District of California examined a case that explores the disclosures and their compliance with the FCRA. In Keefer v. Ryder Integrated Logistics, Inc., a plaintiff claimed that the defendant violated the FCRA by not having disclosures that were clear and conspicuous and in a standalone document. However, the district court rejected this claim, granting the employer’s motion for summary judgment.

The case centers around a hiring process in which the plaintiff was provided with a disclosure and authorization form for the employer to conduct a background check. The disclosure stated, “By signing below, you hereby authorize the Company to procure report(s) on your background as described above from any third party or consumer reporting agency contacted by the Company.” The plaintiff argued that the disclosure was not clear and conspicuous and was not presented in a standalone document as required by the FCRA.

The district court disagreed with the plaintiff’s arguments, finding that the disclosure satisfied the “clear and conspicuous” requirement of the FCRA. Specifically, the court determined that the use of the term “the Company” did not create excess confusion and that the disclosure was “readily noticeable” to the consumer despite the use of multiple disclosures in the same document.

The plaintiff further argued that extraneous information on the disclosure and authorization form, such as the Ryder Integrated logo and trademark, navigation buttons, and an “Application FAQs” hyperlink, violated the standalone document requirement of the FCRA. However, the district court rejected these claims and ultimately ruled in favor of the employer, finding that the disclosure complied with the FCRA.

The Keefer v. Ryder Integrated Logistics, Inc. case serves as an important reminder for employers to ensure that their background check disclosures comply with the FCRA. While the FCRA allows for some helpful information to be included in the disclosure, it’s essential to ensure that the disclosure is clear, conspicuous, and presented as a standalone document to avoid potential legal challenges.

It’s cheaper to avoid litigation than it is to win. When is the last time you reviewed your screening program?

Background Partners does not offer, or provide, legal advice of any kind. Any information on this website is educational information only.

Get Started Now

Fair Chance Hiring Best Practices

Thu, 02 Mar 2023 13:45:39 -0800

As many as one in three Americans have some level of a criminal record. Unfortunately, it has proven to be more difficult for formerly incarcerated individuals to obtain jobs than those without a record. As a result, the unemployment rate for those convicted of a crime is alarmingly high.

To combat this, the government has been proactive in passing laws that give previously incarcerated individuals a fair chance in the workforce. Fair chance hiring practices have been implemented at federal, state, and local levels. They aim to prevent an employer from considering an applicant's criminal history before hiring them.

An example of this is the adoption of Ban the Box laws, which are designed to provide fair employment opportunities to individuals with criminal histories by preventing employers from asking about an applicant's criminal record until later in the hiring process. These laws are becoming increasingly common, with over 35 states and 150 cities and counties having some form of Ban the Box legislation. If you're an employer, here are some best practices to consider when implementing Ban the Box policies:

Review your hiring practices and policies to ensure compliance with Ban the Box laws. This may include revising job applications and interview scripts to remove questions about criminal history and ensuring that criminal background checks are only conducted at the appropriate stage of the hiring process.
Train your HR staff and hiring managers on the requirements of Ban the Box laws and how to comply with them. This may include guiding how to conduct criminal background checks and how to assess the relevance of an applicant's criminal history to the position in question.
Consider implementing a "fair chance" policy that considers an applicant's criminal history only after other qualifications have been evaluated. This can help prevent biases and ensure that qualified candidates are not immediately disqualified based on their criminal record.
Provide clear and accurate information to applicants about the timing and process of criminal background checks. This can help ensure that applicants understand the context of the inquiry and can provide accurate and complete information.
Maintain appropriate confidentiality of an applicant's criminal record and use this information only to evaluate their qualifications for the position in question

By following these best practices, employers can help ensure compliance with Ban the Box laws and provide fair and equitable employment opportunities to individuals with criminal histories. It’s important to remember that Ban the Box laws are intended to promote equal opportunity, not to eliminate the use of criminal background checks altogether. By adopting responsible hiring practices, employers can create a safer and more inclusive workplace while also ensuring that they have the right personnel for the job.

Background Partners provides award-winning, boutique, and knowledgeable screening services for employers nationwide through comprehensive background checks, education/employment/certificate verifications, drug testing, and occupational health screening. We educate clients on best practices to mitigate risk (LIKE ON-GOING SCREENING!), maintain proactive communication to stay "in the know", and guarantee lightning-fast turnaround so you can make well-informed decisions faster. Contact Us to find out how we help employers confidently on-board new employees easier & faster!

Background Partners does not offer, or provide, legal advice of any kind. Any information on this website is educational information only.

Get Started Now

What You Need to Know About DOT Background Checks

Tue, 13 Dec 2022 13:10:11 -0800

The United States Department of Transportation (DOT) manages companies that employ drivers of commercial vehicles. Driver safety is of extreme importance not only for the reputations of businesses under DOT regulations but also for the safety of their employees and everyone else on the road. These companies must use a background check specific to the DOT to certify drivers in their hiring process.

What companies are required to conduct DOT background checks?

Organizations that hire drivers to handle the following types of vehicles are bound to DOT mandates:

Require a Class A, B, or C Commercial Driver’s License to operate (syn)
Used to transport hazardous materials
Weighing over 10,000 lbs.
Transporting 9 or more passengers (including the driver) for compensation
Transporting 16 or more passengers (including the driver) regardless of if it is for compensation

How is a DOT background check different from a standard one?

A background check for a DOT-regulated company has a more direct focus on the applicant’s driving record. The screening must be completed before onboarding a new driver and updated annually. Understanding the screening rules will help you hire safe drivers and avoid costly accidents and legal issues. A DOT background check requires:

FMCSA Drug and Alcohol Screen- The Clearinghouse database keeps records of commercial drivers who have failed a drug test. Before putting a new driver on the road, a query to the clearinghouse will reveal if a driver has failed a drug test.
DOT Drug Test- Thorough test with specific guidelines

Must be given prior to employment
Must screen for marijuana, cocaine, and opiates, including codeine, amphetamines, methamphetamines, and phencyclidine (PCP).
Screen for alcohol concentrations of 0.02 or higher using an NHTSA-approved method
It must be a urine test

DOT Physical- Overview of their medical history including blood pressure, hearing, vision, a urinalysis, and a check for any condition that can lead to a loss of consciousness while driving
Employment Verification- Former employees must attest to safe driving history and hand sign a form in agreeance with previous drug and alcohol test results
Driving History- Shows the past three years of license status/class, suspensions, and moving violations from each state the driver has had a license in
Road Driving Test- The new driver must pass a road test driving in the same vehicle they'll be driving in their new job

What is a driver qualification file?

The DOT requires employers of commercial vehicle drivers to maintain a driver qualification file for each employee. These files are needed to be updated annually and require drivers to report changes to their driver history or health as they occur. The driver qualification file contains:

Completed employment application
MVR showing data for the past 3 years
Certificate of driver’s road test
Annual driving record review
List of violations of motor vehicle laws
A current copy of the medical examiner’s certificate including any exemptions
Verification from the National Registry of Certified Medical Examiners certifying that the medical examiner is on the list

Background Partners provides award-winning, boutique, and knowledgeable screening services for employers nationwide through comprehensive background checks, education/employment/certificate verifications, drug testing, and occupational health screening. We educate clients on best practices to mitigate risk (LIKE ON-GOING SCREENING!), maintain proactive communication to stay "in the know", and guarantee lightning-fast turnaround so you can make well-informed decisions faster. Contact us to find out how we help employers confidently on-board new employees easier & faster!

Background Partners does not offer, or provide, legal advice of any kind. Any information on this website is educational information only.

Get Started Now

Annual Background Checks for School Staff?

Mon, 21 Nov 2022 14:11:35 -0800

Sex offender registries exist not to punish further or embarrass those convicted, but to prevent them from being involved in environments that may compromise the safety of others, like schools. An employee of Fairfax County Public Schools (FCPS) in Fairfax County, VA was able to avoid being detected as a convicted sex offender. As a result, parents are advocating for the protection of their children by suggesting annual background checks for school personnel who will be directly exposed to students.

As WJLA ABC7 News reports, a counselor at a middle school in the district was arrested by Chesterfield County Police in November 2020 for solicitation of prostitution from a minor. He continued to work at the school and was not revealed to be a convicted sex offender until he was fired in August 2022.

A parent with three children in FCPS asserts, "I was surprised this arrest took place in 2020 and it didn't show up in an annual background check. And then I found out the school doesn't conduct annual background checks on employees and counselors."

Though the employee registered as a sex offender in June, he was considered "self-employed" on the registry. 7News reports an attempt was made by the Chesterfield County Police to notify Fairfax County Public Schools of the sex offender employee by email. Records from that interaction show that the email failed to deliver.

The Fairfax County Parents Association is now pushing for a new policy that mandates any employee who has one-on-one contact with children to go through an annual background check. In response to this idea, the superintendent of the district expresses, "We are exploring a variety of options, I think, as we move forward based on this third party report, review, and recommendations in terms of how me might mitigate a situation like this coming forward in the future."

Background Partners provides award-winning, boutique, and knowledgeable screening services for employers nationwide through comprehensive background checks, education/employment/certificate verifications, drug testing, and occupational health screening. We educate clients on best practices to mitigate risk (LIKE ON-GOING SCREENING!), maintain proactive communication to stay "in the know", and guarantee lightning-fast turnaround so you can make well-informed decisions faster. Contact us to find out how we help employers confidently on-board new employees easier & faster!

Background Partners does not offer, or provide, legal advice of any kind. Any information on this website is educational information only.

Get Started Now

Online Retailer and Its Background Check Provider Facing Lawsuit

Fri, 04 Nov 2022 09:42:09 -0700

A once prospective employee of America’s most commodified e-commerce provider, Miguel Lerma, has proposed a class action lawsuit against the online retailer and its background screening provider. Lerma claims Amazon and its background screening provider infringed upon the Fair Credit Reporting Act (FCRA) and state law by using a sex offender website to perform background checks on prospective employees.

Lerma alleges a March 2022 job offer at an Amazon Fresh grocery store was rescinded after information found on the Megan’s Law website including felony sex offenses and five years in prison from 2013 was reported to the employer. According to the filed complaint, the plaintiff had cleared a background check before this one.

Megan’s Law, enacted in 1996, is a federal law that mandates public information regarding registered sex offenders in response to the murder of a young girl. Its corresponding website includes a name search and a map search where citizens can search for sex offenders “so that members of the public can better protect themselves and their families.” Though Megan’s Law supports the use of the website “to protect a person at risk”, the site is not to be used to deny jobs to applicants whose name is on the site.

Additionally, California law does not allow reporting of more than seven years old criminal records.

The lawsuit highlights Amazon’s violation of Megan’s Law and the background check provider's violation of California’s seven-year limit for criminal background checks and the FCRA by providing the retailer with illicit reports. Plaintiff seeks to be a representative of statewide classes on all three of those claims. The lawsuit seeks undetermined compensatory, statutory, and punitive damages.

Get Started Now

A Hiring Horror Story

Mon, 31 Oct 2022 11:48:52 -0700

Last Friday, during a “get to know you” coffee, a local business owner shared his Hiring Horror Story.

After countless hours recruiting, sifting through resumes, phone screening and interviewing he had his candidate. The resume sparkled with the perfect experience, and the candidate rocked each interview.

The candidate started on a Thursday and wouldn’t you know it… was screaming at him the very next Monday! Yep, she screamed at him. At work. On day three of employment.

Here are some tips in three important areas, to ensure you don’t run into the same problem:

Interviewing

Interviewing is a skill. There’s a reason the staffing industry was an estimated $461 billion dollar global industry in 2017. This doesn’t even account for the billions companies spend on in-house/corporate recruiters.

Day in and day out, recruiters hone their craft learning not only what to ask but how to ask it so a candidate will respond in a manner that provides meaningful insight… and they can still get it wrong.

Tip: Coach your hiring managers on how to interview to match for management styles, work behaviors, and team culture. If you don’t have the luxury of a supportive HR team, then learn about interview techniques, leverage HR folks in your network or even ask a professional recruiter to sit in on your top interview(s).

Reference Checks

Yes, some references inevitably are friends providing fluff but that doesn’t negate the value of checking references. Understanding the strengths, weaknesses, passions and pitfalls of your candidate, even the fact that they can only provide friends as references, is valuable insight.

You never know what you’ll get; I’ve had a candidate put a prior employer they stole from as a personal reference. They later admitted it wasn’t their brightest idea, and I learned not to hire them.

Tip: Provide context and be unique in the initial and follow up questions you ask. “We like to support everyone for success. Tell me more about their growth opportunities,” goes a lot further than the tired “What are their weaknesses?” You’ll be shocked at how much someone’s friend shares when they are “helping”.

Background Checks

According to the FBI nearly 73.5 million Americans have a criminal record. That’s nearly 30% of the adult population; 1 in 3 adults!

Understand that a criminal record does not mean someone is a bad employee. It is extremely important that we as a society work to reintegrate folks and support them in being productive members. I mention the high rate of criminal records in adults to emphasize the need to understand the risks associated with a given role and whether or not a candidate is prone to unacceptable behaviors increasing that risk.

Tip: Do a comprehensive and thorough (all court systems, past residences & alias names) background check that screens for threats related to the role and company as a whole. Individually assess each candidate against what is an acceptable level of risk for that role. It is important to note that some jurisdictions (LA, NYC, etc.) have additional assessment requirements; check with your employment attorney.

So, what about the screaming employee?
Sure, there’s no guarantee this screamer would not have slipped through had my coffee buddy followed the above steps. However the likelihood would have been dramatically reduced for a nominal cost – compared to the mental anguish, lost revenue and productivity, and time spent on this bad hire. Not to mention the stress.

Get Started Now

Financial Protection for Survivors of Human Trafficking

Thu, 27 Oct 2022 10:46:18 -0700

Human trafficking runs rampant in the United States and has severely changed the lives of innumerable victims, survivors, and families. While many are conscious of the physical, emotional, mental, and sexual abuse those who are trafficked face, financial abuse is most times disregarded, though it is a recurring tactic used by traffickers to further exploit victims.

Debt bondage takes place when people are compelled to provide labor to pay off a debt. Human traffickers execute this by engaging in harmful behaviors that greatly affect the victims’ financial statuses to the point they are unable to get a job, rent a home, or anything else to diminish their reliance on the abuser. It is suspected that traffickers exert financial abuse not only to earn money but to maintain a method of control. Dr. Marian Hatcher, cofounder of ALIVE (Alliance of Leadership & Innovation for Victims of Exploitation) stated in a testimony to the court, “In addition to exploiting their victims through commercial sex or forced labor, traffickers- particularly in the context of domestic trafficking- may also exploit their victims’ credit histories by using their social security numbers to take out loans and make large purchases, such as vehicles, intending not to pay, thereby destroying their victims’ credit histories in the process.”

In December of 2021, President Biden signed the Debt Bondage Repair Act preventing consumer reporting agencies from reporting unfavorable details from any period the survivor was being trafficked. They are required to redact adverse information to defend the victim and assist in eliminating the lasting effects. With this Act in place, victims of human trafficking have ensured the opportunity to regain control of their lives without the burden of accumulating debt.

While many use strong credit history to gauge one’s trustworthiness, self-control, and responsible decision-making, there are considerable risks connected with the use of credit reports in the hiring process:

Frequently inaccurate
Unsubstantiated indicator of job performance/trustworthiness
Creates an inequitable dilemma for unemployed job applicants, therefore hinders opportunity for economic recovery
Numerous studies have documented lower credit scores for African Americans and Latinos, hence disproportionately impacting minority applicants
Various circumstances outside of one's control can result in their negative credit histories, e.g., layoff, divorce, identity theft, or medical bills

Get Started Now

Alcohol is the Leading Substance of Abuse in the Workplace

Wed, 19 Oct 2022 11:14:27 -0700

Alcohol is the most used and abused drug in the United States of America. 1 in every 13 adults abuse alcohol or are alcoholic (National Institute on Alcohol Abuse and Alcoholism). Millions of other adults are walking a fine line by engaging in drinking patterns that can lead to problems. Though the legalization of marijuana both medicinally and recreationally has directly affected drug testing in the workplace, statistics illustrate more alcohol users than marijuana users in the United States.

Bill Current, the president and founder of Current Consulting Group reveals in an article, “Alcohol is Still the #1 Substance of Abuse in the Workplace”, that many employees with drinking problems in America find a way to consume alcohol on the clock. A survey conducted by American Addiction Center exposes that 66% of people admitted to having at least one experience using alcohol during work hours.

Studies show that the Covid-19 pandemic has heightened the issue of substance abuse in the workplace. Safety is a concern, as the likelihood of injuries increases when alcohol abuse occurs in the workplace. One year into the pandemic an annual report illustrated an alarming increase in alcohol and other substance use affecting 49% of workers in America.

Signs of alcohol abuse at work may include:

· Poor decision making

· Lack of coordination

· Sleeping on the clock

· Confrontational behavior with supervisors or coworkers

· Unintentional injuries to themselves or others

· Excessive tardiness/No-call-no-show

· Inability to complete work tasks

Because alcohol abuse in the workplace directly affects the function of a company, employers have a right and an obligation to take measures to address the issue. This may look like screening employees for alcohol following accidents and/or when there is reasonable suspicion regarding an employee being under the influence of alcohol.

Despite alcohol abuse being considered a disability by the Americans with Disabilities Act (ADA), employers in all 50 states maintain the right to forbid employees from consuming or being under the influence of alcohol at work. As mentioned in the article, there are various trusted, scientifically supported ways to test alcohol levels including Evidential Breath Testing, a testing method that is allowed by the US Department of Transportation (DOT) and required for a confirmation test and permitted by most states outside of DOT testing. Current concludes, “Alcohol screening when and how permitted is one of the most effective ways for employers to deter workers from using alcohol on the job or being at work while under its influence.”

Background Partners provides award-winning, boutique, and knowledgeable screening services for employers nationwide through comprehensive background checks, education/employment/certificate verifications, drug testing, and occupational health screening. We educate clients on best practices to mitigate risk, maintain proactive communication to stay "in the know", and guarantee lightning-fast turnaround so you can make well-informed decisions faster. Contact us to find out how we help employers confidently on-board new employees easier & faster!

Background Partners does not offer, or provide, legal advice of any kind. Any information on this website is educational information only.

Get Started Now

3 Major Risks of Hiring Without Performing a Pre-Employment Background Check

Thu, 06 Oct 2022 11:59:34 -0700

In a hiring manager’s perfect world, they would hire an ideal candidate for an open position by simply reviewing their resume, determining eligibility, and letting them know when they can start. Instead, HR professionals must consider the risks of skipping a very necessary step—performing pre-employment background checks.

Conducting background checks as a conditional part of a job offer is essential for making adequate hiring decisions and avoiding potential problems down the line. The desperate search for a job can induce deceitful tactics by prospective employees who want to make themselves look as professionally competent as possible. This may lead to the inclusion of falsified, exaggerated, or completely made-up information provided as part of the application process.

Revealing warning signs that could eventually affect trust, safety, and the carrying out of company values and goals will benefit any business and extenuate the following risks:

1. Unverified Credentials

By failing to coordinate a background check for a future employee, the company is at risk to hire unqualified people who are claiming false credentials. An employee lacking the real experience or knowledge it takes to do the job at hand could cost the company time and money by decreasing the overall team productivity. It could harm the rest of the team who may feel obligated to pick up the extra weight.

Statistics reported by CNBC indicate that 78% of candidates admitted they did or would consider misrepresenting themselves on their application. Some of the falsities may include, working at a company longer than they did, earning a degree when they were a few credits short, having mastered skills they haven’t, and saying they achieved things they didn’t. Companies can lose money from this by paying them for a job that is less than satisfactory as well as the money it took to hire, onboard, and train them. If a replacement is needed, double the money will be spent to hire the new employee.

You don’t have to wait to see if the applicant is qualified while they are on-the-clock, you can protect your business by completing education, employment, professional reference, and certification verifications, first.

2. Safety Concerns

Hiring professionals are undoubtedly looking for those who will represent the brand appropriately, be efficient workers, and treat everyone with respect, accompanied by the notion that all workers are entitled to a safe workplace. Without doing a background check, someone with a violent or otherwise harmful criminal history may be invited into the work environment.

In 2020, the National Safety Council reported violent assaults in the workplace as being the cause of 20,050 injuries and 392 deaths. Though one’s criminal history does not equate to malicious intent, nor are people incapable of reformed, changed behavior the risk in the workplace is increased under these circumstances. Prior accusations or convictions of business-harming activities including violence, fraud, hacking, theft, and cybercrimes are reasonably important to consider.

Additionally, pre-employment drug screening can decrease on-the-job injuries. As noted by the Society of Human Resource Management (SHRM), “Drug testing is effective in preventing accidents, health issues and costs, absenteeism, and litigation noting that screening can also protect employees from injury and improve productivity.”

Both the risk of workplace violence and drug-related accidents leading to injury or death can gravely affect company culture as well as the overall safety of customers, employees, and the business.

3. Being Held Accountable

Employers can be held liable for employee behavior on-the-job if they knew or should have known that the employee had the potential to pose a risk. Running a background check before an accident or other impermissible behavior is a best practice that will improve legal standing. Spectrum TV was held liable for the murder of an 83-year-old woman in Texas that was committed by one of their employees and ordered to pay $340 million dollars.

Companies can also be held accountable for the decision they make regarding background checks when it comes to the effects on the company reputation. When they are hired, employees end up becoming an integral part of the business and serve as a reflection of the company. A brand's image can be negatively affected by the onboarding of questionable people, in contrast with reputation that is held with workers who uphold the values and expectations of the company they work for.

In order to avoid these hazards mentioned above, contemplate the benefit of incorporating background screening into your hiring process as soon as today!

Background Partners provides award-winning, boutique, and knowledgeable screening services for employers nationwide through comprehensive background checks, education/employment/certificate verifications, drug testing, and occupational health screening. We educate clients on best practices to mitigate risk, maintain proactive communication to stay "in the know", and guarantee lightning-fast turnaround so you can make well-informed decisions faster. Contact us to find out how we help employers confidently on-board new employees easier & faster!

Background Partners does not offer, or provide, legal advice of any kind. Any information on this website is educational information only.

Schedule a Call!