Holes found in background checks
Newsday, Inc.
October 21, 2004, 8:20 PM EDT
By Karen Kreifeld, Staff Writer
Just how do you know that delivery person knocking at your door isn't a criminal?
The arrest earlier this month of a FreshDirect deliveryman, an ex-con who allegedly made obscene calls to female customers, has raised serious questions about possible gaping holes in commercial background checks.
In FreshDirect's case, the company hired ChoicePoint, a major background check company, to vet its employees for possible criminal histories.
Despite the check, FreshDirect did not know Erik Reynolds, 33, of the Bronx was an ex-con with at least two felony convictions and a half-dozen misdemeanors until his arrest this month.
FreshDirect has since fired Reynolds -- and ChoicePoint, saying ChoicePoint did not provide a "very satisfactory" reason for why it did not flag Reynolds for them.
Chuck Jones, a spokesman for ChoicePoint, said his company provides customers with several levels of screening options, some simple and some complex.
For FreshDirect, ChoicePoint performed what the company calls a National Criminal File search, which searches records in all 50 states. But the breadth and depth of records varies by state. In New York, all this search included was online prison release records from the New York Department of Correctional Services and ChoicePoint proprietary records.
This is among several reasons someone's criminal history could go undetected. For starters, the Corrections Department search would reveal only crimes for which a criminal served state prison time. It would not record crimes for which someone would serve time on Rikers Island, a city correctional facility, for instance.
(A check of the Web site for Guy Velella, who pleaded guilty to one felony count of bribery last spring, for instance, and served time in Rikers Island brings up no matches.)
Second, it would not reveal misdemeanors at all.
A check of the Corrections Web site by Newsday turned up only one of Reynolds' crimes: his 1993 felony conviction for attempted burglary.
Why didn't ChoicePoint report that to FreshDirect?
Jones said that under New York law, no consumer reporting agency can report records of convictions, release or parole, more than seven years old.
What about the misdemeanors? Reynolds had six of those in the city from 1990 through 1997.
He also has another felony conviction from 1991 from Orange County for attempted criminal possession of stolen property, for which he received 11 months.
To find those crimes, FreshDirect would have had to request a more in-depth search that included files in the state Office of Court Administration.
In short, such background checks leave much to be desired. In fact, just as they can provide "clean" records for those with long rap sheets, sloppy work can also tag innocent people as felons.
Ironically, in 2000, ChoicePoint acquired Database Technologies of Boca Raton, Fla., the company notorious for wrongly including possibly innocent people on a convicted felon list for the Florida Division of Elections, using flawed data to erroneously remove thousands of people - many of them black - from the voting rolls.
FreshDirect's Boris said that his company, luckily, has not suffered from Reynolds' frightening encounters with FreshDirect customers.
Boris also said the Long Island City-based firm, which delivers groceries in three boroughs, is hiring a new firm to conduct background checks. All 270 delivery people for the company will undergo a secondary background check, he said.
"Thankfully it has not had an impact on sales," he said. "It's an isolated incident ... and we have had one of our best weeks ever."
Sunday, October 31, 2004
Holes found in background checks
Newsday, Inc.
October 21, 2004, 8:20 PM EDT
By Karen Kreifeld, Staff Writer
Just how do you know that delivery person knocking at your door isn't a criminal?
The arrest earlier this month of a FreshDirect deliveryman, an ex-con who allegedly made obscene calls to female customers, has raised serious questions about possible gaping holes in commercial background checks.
In FreshDirect's case, the company hired ChoicePoint, a major background check company, to vet its employees for possible criminal histories.
Despite the check, FreshDirect did not know Erik Reynolds, 33, of the Bronx was an ex-con with at least two felony convictions and a half-dozen misdemeanors until his arrest this month.
FreshDirect has since fired Reynolds -- and ChoicePoint, saying ChoicePoint did not provide a "very satisfactory" reason for why it did not flag Reynolds for them.
Chuck Jones, a spokesman for ChoicePoint, said his company provides customers with several levels of screening options, some simple and some complex.
For FreshDirect, ChoicePoint performed what the company calls a National Criminal File search, which searches records in all 50 states. But the breadth and depth of records varies by state. In New York, all this search included was online prison release records from the New York Department of Correctional Services and ChoicePoint proprietary records.
This is among several reasons someone's criminal history could go undetected. For starters, the Corrections Department search would reveal only crimes for which a criminal served state prison time. It would not record crimes for which someone would serve time on Rikers Island, a city correctional facility, for instance.
(A check of the Web site for Guy Velella, who pleaded guilty to one felony count of bribery last spring, for instance, and served time in Rikers Island brings up no matches.)
Second, it would not reveal misdemeanors at all.
A check of the Corrections Web site by Newsday turned up only one of Reynolds' crimes: his 1993 felony conviction for attempted burglary.
Why didn't ChoicePoint report that to FreshDirect?
Jones said that under New York law, no consumer reporting agency can report records of convictions, release or parole, more than seven years old.
What about the misdemeanors? Reynolds had six of those in the city from 1990 through 1997.
He also has another felony conviction from 1991 from Orange County for attempted criminal possession of stolen property, for which he received 11 months.
To find those crimes, FreshDirect would have had to request a more in-depth search that included files in the state Office of Court Administration.
In short, such background checks leave much to be desired. In fact, just as they can provide "clean" records for those with long rap sheets, sloppy work can also tag innocent people as felons.
Ironically, in 2000, ChoicePoint acquired Database Technologies of Boca Raton, Fla., the company notorious for wrongly including possibly innocent people on a convicted felon list for the Florida Division of Elections, using flawed data to erroneously remove thousands of people - many of them black - from the voting rolls.
FreshDirect's Boris said that his company, luckily, has not suffered from Reynolds' frightening encounters with FreshDirect customers.
Boris also said the Long Island City-based firm, which delivers groceries in three boroughs, is hiring a new firm to conduct background checks. All 270 delivery people for the company will undergo a secondary background check, he said.
"Thankfully it has not had an impact on sales," he said. "It's an isolated incident ... and we have had one of our best weeks ever."
Newsday, Inc.
October 21, 2004, 8:20 PM EDT
By Karen Kreifeld, Staff Writer
Just how do you know that delivery person knocking at your door isn't a criminal?
The arrest earlier this month of a FreshDirect deliveryman, an ex-con who allegedly made obscene calls to female customers, has raised serious questions about possible gaping holes in commercial background checks.
In FreshDirect's case, the company hired ChoicePoint, a major background check company, to vet its employees for possible criminal histories.
Despite the check, FreshDirect did not know Erik Reynolds, 33, of the Bronx was an ex-con with at least two felony convictions and a half-dozen misdemeanors until his arrest this month.
FreshDirect has since fired Reynolds -- and ChoicePoint, saying ChoicePoint did not provide a "very satisfactory" reason for why it did not flag Reynolds for them.
Chuck Jones, a spokesman for ChoicePoint, said his company provides customers with several levels of screening options, some simple and some complex.
For FreshDirect, ChoicePoint performed what the company calls a National Criminal File search, which searches records in all 50 states. But the breadth and depth of records varies by state. In New York, all this search included was online prison release records from the New York Department of Correctional Services and ChoicePoint proprietary records.
This is among several reasons someone's criminal history could go undetected. For starters, the Corrections Department search would reveal only crimes for which a criminal served state prison time. It would not record crimes for which someone would serve time on Rikers Island, a city correctional facility, for instance.
(A check of the Web site for Guy Velella, who pleaded guilty to one felony count of bribery last spring, for instance, and served time in Rikers Island brings up no matches.)
Second, it would not reveal misdemeanors at all.
A check of the Corrections Web site by Newsday turned up only one of Reynolds' crimes: his 1993 felony conviction for attempted burglary.
Why didn't ChoicePoint report that to FreshDirect?
Jones said that under New York law, no consumer reporting agency can report records of convictions, release or parole, more than seven years old.
What about the misdemeanors? Reynolds had six of those in the city from 1990 through 1997.
He also has another felony conviction from 1991 from Orange County for attempted criminal possession of stolen property, for which he received 11 months.
To find those crimes, FreshDirect would have had to request a more in-depth search that included files in the state Office of Court Administration.
In short, such background checks leave much to be desired. In fact, just as they can provide "clean" records for those with long rap sheets, sloppy work can also tag innocent people as felons.
Ironically, in 2000, ChoicePoint acquired Database Technologies of Boca Raton, Fla., the company notorious for wrongly including possibly innocent people on a convicted felon list for the Florida Division of Elections, using flawed data to erroneously remove thousands of people - many of them black - from the voting rolls.
FreshDirect's Boris said that his company, luckily, has not suffered from Reynolds' frightening encounters with FreshDirect customers.
Boris also said the Long Island City-based firm, which delivers groceries in three boroughs, is hiring a new firm to conduct background checks. All 270 delivery people for the company will undergo a secondary background check, he said.
"Thankfully it has not had an impact on sales," he said. "It's an isolated incident ... and we have had one of our best weeks ever."
Thursday, September 02, 2004
NAS Recruitment Communications, Hannibal Inc. and InfoLink Screening Services Partner to Provide HR Communications and Web-Based Recruiting with Integrated Background Screening™
Three highly respected names in Human Resources have joined forces to provide companies with a revolutionary blend of services that make the hiring process more efficient and effective.
LOS ANGELES, CA. – September 1, 2004 – The partnership announced today joins three companies: NAS Recruitment Communications, a recognized leader in the specialized field of human resource communications, Hannibal, Inc., a software development firm specializing in recruiting automation solutions, and InfoLink Screening Services, Inc., a nationwide leader in employment background screening, drug testing and physical exam services.
The three companies’ services, each of which may be utilized separately, are now available through NAS’s new web-based recruiting tool called "Max". Max makes it easier for HR departments to source, match, screen and hire quality employees. One of the primary benefits of Max is the ease with which recruitment ads can be placed and tracked.
"Companies of every size can count on Max for the simplest and most efficient recruiting assistance in the industry," stated Don Sabatino, Vice President of NAS Recruitment Communications. "Max is not a typical applicant tracking system (ATS). Unlike the traditional ATS approach, which can take months to fully set-up and integrate, Max will be up and running in a matter of days."
Max installs easily, is updated automatically and provides a full range of sourcing, screening, and organizational functions that are ideally suited to the needs of today’s modern Human Resources executives. Max is also available in a tiered format to fit the exact requirements and budgetary commitments of every HR department. Key components include the following:
· An innovative interface for selecting and posting recruitment ads to print publications, job boards, career sites and internal referral sites
· A customized library of job descriptions
· Powerful filtering and ranking technology
· Resume pool management, candidate tracking and reporting
· Seamless Integration with InfoLink Screening Services for background checks
A strategic partner in the release of Max is InfoLink Screening Services, a leading provider of background screening, drug testing and physical exams of job applicants and employees. InfoLink has a strong reputation for providing exceptional service and fast turnaround of information, as well as ensuring its clients screening practices are legally compliant.
“InfoLink’s Integrated Background Screening™ and easy-to-use web-based solution enable Max users to eliminate duplicate data entry and data entry errors, increase efficiency, and reduce cost and time-to-hire,” stated Barry Nadell, President and Co-Founder of InfoLink Screening Services. “Our combined strengths give HR departments total control in recruiting and background screening their job applicants.”
NAS Recruitment Communications
NAS Recruitment Communications is recognized as a leader in the specialized field of human resource solutions. As part of the McCann Worldgroup, we offer a network with global, national and local-market expertise. HR departments are able to benefit from our proprietary Demand Chain, a process map that creates the foundation and traction to lead superbly talented people to our Employer of Choice clients. For more information, please contact Greg Rousseau or Renee Fossler at NAS Los Angeles at (818) 906-3313 or visit www.nasrecruitment.com.
Hannibal, Inc.
Pioneering numerous advancements in electronic recruiting, Hannibal, Inc. emerged as an industry leader by developing HR technology that provides valuable, cost effective and efficient services at the touch of a button. Hannibal’s continued goal is the development of products that anyone can use, regardless of computer literacy level, Internet skills or knowledge of recruiting laws and practices. For more information, please email info@hannibalinc.com or visit http://www.hannibalinc.com/.
InfoLink Screening Services, Inc.
InfoLink Screening Services is a leading provider of employment background checks, drug testing and physical exams. Thousands of companies nationwide, from small businesses to Fortune 500’s, rely on InfoLink's exceptional service, fast turnaround, legal compliance and accurate reports. InfoLink's easy-to-use web-based solution enables easy order entry, status tracking, hit notification and secure archiving. Its drug screening and physical exam programs include a nationwide network of thousands of collection sites and clinics, secure online reporting and consolidated billing. InfoLink’s comprehensive employee screening services and seamless integration with Human Resource software increase efficiency and enable businesses to Hire with Confidence™. For more information, please call (800) 990-HIRE (4473) or visit http://www.infolinkscreening.com.
Three highly respected names in Human Resources have joined forces to provide companies with a revolutionary blend of services that make the hiring process more efficient and effective.
LOS ANGELES, CA. – September 1, 2004 – The partnership announced today joins three companies: NAS Recruitment Communications, a recognized leader in the specialized field of human resource communications, Hannibal, Inc., a software development firm specializing in recruiting automation solutions, and InfoLink Screening Services, Inc., a nationwide leader in employment background screening, drug testing and physical exam services.
The three companies’ services, each of which may be utilized separately, are now available through NAS’s new web-based recruiting tool called "Max". Max makes it easier for HR departments to source, match, screen and hire quality employees. One of the primary benefits of Max is the ease with which recruitment ads can be placed and tracked.
"Companies of every size can count on Max for the simplest and most efficient recruiting assistance in the industry," stated Don Sabatino, Vice President of NAS Recruitment Communications. "Max is not a typical applicant tracking system (ATS). Unlike the traditional ATS approach, which can take months to fully set-up and integrate, Max will be up and running in a matter of days."
Max installs easily, is updated automatically and provides a full range of sourcing, screening, and organizational functions that are ideally suited to the needs of today’s modern Human Resources executives. Max is also available in a tiered format to fit the exact requirements and budgetary commitments of every HR department. Key components include the following:
· An innovative interface for selecting and posting recruitment ads to print publications, job boards, career sites and internal referral sites
· A customized library of job descriptions
· Powerful filtering and ranking technology
· Resume pool management, candidate tracking and reporting
· Seamless Integration with InfoLink Screening Services for background checks
A strategic partner in the release of Max is InfoLink Screening Services, a leading provider of background screening, drug testing and physical exams of job applicants and employees. InfoLink has a strong reputation for providing exceptional service and fast turnaround of information, as well as ensuring its clients screening practices are legally compliant.
“InfoLink’s Integrated Background Screening™ and easy-to-use web-based solution enable Max users to eliminate duplicate data entry and data entry errors, increase efficiency, and reduce cost and time-to-hire,” stated Barry Nadell, President and Co-Founder of InfoLink Screening Services. “Our combined strengths give HR departments total control in recruiting and background screening their job applicants.”
NAS Recruitment Communications
NAS Recruitment Communications is recognized as a leader in the specialized field of human resource solutions. As part of the McCann Worldgroup, we offer a network with global, national and local-market expertise. HR departments are able to benefit from our proprietary Demand Chain, a process map that creates the foundation and traction to lead superbly talented people to our Employer of Choice clients. For more information, please contact Greg Rousseau or Renee Fossler at NAS Los Angeles at (818) 906-3313 or visit www.nasrecruitment.com.
Hannibal, Inc.
Pioneering numerous advancements in electronic recruiting, Hannibal, Inc. emerged as an industry leader by developing HR technology that provides valuable, cost effective and efficient services at the touch of a button. Hannibal’s continued goal is the development of products that anyone can use, regardless of computer literacy level, Internet skills or knowledge of recruiting laws and practices. For more information, please email info@hannibalinc.com or visit http://www.hannibalinc.com/.
InfoLink Screening Services, Inc.
InfoLink Screening Services is a leading provider of employment background checks, drug testing and physical exams. Thousands of companies nationwide, from small businesses to Fortune 500’s, rely on InfoLink's exceptional service, fast turnaround, legal compliance and accurate reports. InfoLink's easy-to-use web-based solution enables easy order entry, status tracking, hit notification and secure archiving. Its drug screening and physical exam programs include a nationwide network of thousands of collection sites and clinics, secure online reporting and consolidated billing. InfoLink’s comprehensive employee screening services and seamless integration with Human Resource software increase efficiency and enable businesses to Hire with Confidence™. For more information, please call (800) 990-HIRE (4473) or visit http://www.infolinkscreening.com.
Wednesday, August 18, 2004
ZERORISK HR, Inc., Announces Partnership with InfoLink Screening Services
Dallas, August 5, 2004 — ZERORISK HR, Inc., the Dallas-based behavioral testing and interviewing solutions provider, has announced a partnership with InfoLink Screening Services, Inc., a leading provider of background screening services, to provide background checking and drug screening services as part of ZERORISK HR’s core product, ZERORISK Hiring System®.
ZERORISK HR’s ZERORISK Hiring System is a Web-based behavioral assessment and interviewing program designed to measure a candidate’s emotional intelligence competencies. The hiring system provides a customized and legally reviewed behavioral interview guide to assist in making better and faster hiring decisions. The hiring system has already garnered much praise from client companies that range from the Fortune 500 to small enterprises covering a wide array of industries and has been proven to increase retention in client companies by as much as 67 percent.
InfoLink provides comprehensive and legally compliant employment background checks, legal compliance expertise, and industry-leading turnaround time using the latest online technology. Its clients use InfoLink’s secure, Web-based service to request searches, track work in progress, and securely retrieve and archive background screening, drug testing, and physical exam reports. Its cost-effective screening services help companies reduce workplace violence, employee theft, substance abuse, and negligent hiring liability.
“ZERORISK HR is continuously forging relationships with companies that add value to our customer base,” said Mike Poskey, vice president of ZERORISK HR. “Our goal is to provide total solutions, be it through our core products or the value-added services provided through our affiliate partners.
“By partnering with InfoLink Screening we are better able to provide a total hiring solution to our ZERORISK Hiring System clients,” Poskey said. “With this relationship, our clients now have access to industry-leading background checking services and are better equipped to make a more informed hiring decision.”
About ZERORISK HR
Formed to provide proven strategies for hiring, retention, workforce development, and workforce risk management, Dallas-based ZERORISK HR, Inc. (http://www.zeroriskhr.com/), is the exclusive provider of the ZERORISK Hiring System. The company is a subsidiary of International Risk Management Institute, a leader in the risk management and insurance sector for over 25 years. With more than 250 clients, including Texas Health Resources, BearingPoint Consulting, Cap Gemini Ernst & Young, Amazon.com, and Group 1 Automotive, ZERORISK HR is focused on partnering with its customers to cost-effectively automate and enhance the recruiting and staffing process.
About InfoLink Screening Services
InfoLink Screening Services (http://www.infolinkscreening.com/ ) is a leading provider of employment background checks, drug testing, and physical exams. Thousands of companies nationwide, from small businesses to those on the Fortune 500 list, rely on InfoLink’s exceptional service, fast turnaround, legal compliance, and accurate reports. InfoLink’s easy-to-use Web-based solution enables easy order entry, status tracking, immediate hit notification, and secure archiving. InfoLink’s drug screening and physical exam programs offer simple online reporting, a single consolidated invoice, and a network of over 8,000 collection sites and clinics. InfoLink’s comprehensive employee screening solutions and seamless integration with HR applications increase efficiency and enable businesses to Hire With Confidence™.
Dallas, August 5, 2004 — ZERORISK HR, Inc., the Dallas-based behavioral testing and interviewing solutions provider, has announced a partnership with InfoLink Screening Services, Inc., a leading provider of background screening services, to provide background checking and drug screening services as part of ZERORISK HR’s core product, ZERORISK Hiring System®.
ZERORISK HR’s ZERORISK Hiring System is a Web-based behavioral assessment and interviewing program designed to measure a candidate’s emotional intelligence competencies. The hiring system provides a customized and legally reviewed behavioral interview guide to assist in making better and faster hiring decisions. The hiring system has already garnered much praise from client companies that range from the Fortune 500 to small enterprises covering a wide array of industries and has been proven to increase retention in client companies by as much as 67 percent.
InfoLink provides comprehensive and legally compliant employment background checks, legal compliance expertise, and industry-leading turnaround time using the latest online technology. Its clients use InfoLink’s secure, Web-based service to request searches, track work in progress, and securely retrieve and archive background screening, drug testing, and physical exam reports. Its cost-effective screening services help companies reduce workplace violence, employee theft, substance abuse, and negligent hiring liability.
“ZERORISK HR is continuously forging relationships with companies that add value to our customer base,” said Mike Poskey, vice president of ZERORISK HR. “Our goal is to provide total solutions, be it through our core products or the value-added services provided through our affiliate partners.
“By partnering with InfoLink Screening we are better able to provide a total hiring solution to our ZERORISK Hiring System clients,” Poskey said. “With this relationship, our clients now have access to industry-leading background checking services and are better equipped to make a more informed hiring decision.”
About ZERORISK HR
Formed to provide proven strategies for hiring, retention, workforce development, and workforce risk management, Dallas-based ZERORISK HR, Inc. (http://www.zeroriskhr.com/), is the exclusive provider of the ZERORISK Hiring System. The company is a subsidiary of International Risk Management Institute, a leader in the risk management and insurance sector for over 25 years. With more than 250 clients, including Texas Health Resources, BearingPoint Consulting, Cap Gemini Ernst & Young, Amazon.com, and Group 1 Automotive, ZERORISK HR is focused on partnering with its customers to cost-effectively automate and enhance the recruiting and staffing process.
About InfoLink Screening Services
InfoLink Screening Services (http://www.infolinkscreening.com/ ) is a leading provider of employment background checks, drug testing, and physical exams. Thousands of companies nationwide, from small businesses to those on the Fortune 500 list, rely on InfoLink’s exceptional service, fast turnaround, legal compliance, and accurate reports. InfoLink’s easy-to-use Web-based solution enables easy order entry, status tracking, immediate hit notification, and secure archiving. InfoLink’s drug screening and physical exam programs offer simple online reporting, a single consolidated invoice, and a network of over 8,000 collection sites and clinics. InfoLink’s comprehensive employee screening solutions and seamless integration with HR applications increase efficiency and enable businesses to Hire With Confidence™.
Thursday, August 12, 2004
Wal-Mart to scrutinize job applicants
No. 1 retailer to announces tighter screening after workers named in sex assault case.
Read article.
BAD CHECKS
CSO - Framingham,MA,United States
More organizations are investigating criminal histories and other public records to make hiring and firing decisions. It's up to CSOs to make sure this powerful but flawed weapon doesn't backfire
Read article.
CHARLES Schwab Fined for Lax Employee Screening
The New York Stock Exchange fined the San Francisco-based firm $250,000 for failing to comply with several regulations governing the hiring of employees with criminal convictions.
Read article.
Background checks rile professors
Much of the furor is fueled by the discovery last summer that college professor Paul Krueger spent four years teaching at Penn State University before the school learned that he had murdered three fishermen 40 years earlier.
Read article.
Camp counselors may face scrutiny
Some Maine officials say the state should re-examine its regulations governing summer camps following the arrest of a counselor who police say had child pornography on his home computer in Massachusetts.
Read article.
No. 1 retailer to announces tighter screening after workers named in sex assault case.
Read article.
BAD CHECKS
CSO - Framingham,MA,United States
More organizations are investigating criminal histories and other public records to make hiring and firing decisions. It's up to CSOs to make sure this powerful but flawed weapon doesn't backfire
Read article.
CHARLES Schwab Fined for Lax Employee Screening
The New York Stock Exchange fined the San Francisco-based firm $250,000 for failing to comply with several regulations governing the hiring of employees with criminal convictions.
Read article.
Background checks rile professors
Much of the furor is fueled by the discovery last summer that college professor Paul Krueger spent four years teaching at Penn State University before the school learned that he had murdered three fishermen 40 years earlier.
Read article.
Camp counselors may face scrutiny
Some Maine officials say the state should re-examine its regulations governing summer camps following the arrest of a counselor who police say had child pornography on his home computer in Massachusetts.
Read article.
Friday, July 16, 2004
Managers not prepared for workplace violence
Companies sometimes hire workers who have been violent before and fail to react when they threaten violence again. At least half of the offenders in cases analyzed by USA TODAY had previous convictions for criminal behavior or had previously acted violently. Read more...
Inside the minds of workplace killers
USA TODAY's analysis found that the most common motivator behind a workplace killing is a firing, which preceded about 60 of the 224 fatal attacks. The second most likely trigger is an on-the-job argument, a fight or disagreement. Read more...
Companies sometimes hire workers who have been violent before and fail to react when they threaten violence again. At least half of the offenders in cases analyzed by USA TODAY had previous convictions for criminal behavior or had previously acted violently. Read more...
Inside the minds of workplace killers
USA TODAY's analysis found that the most common motivator behind a workplace killing is a firing, which preceded about 60 of the 224 fatal attacks. The second most likely trigger is an on-the-job argument, a fight or disagreement. Read more...
Thursday, June 17, 2004
Changes expected for spa workers
The Illinois Legislature is pushing forward new regulations that would require background checks and fingerprinting of massage therapists as the state looks to clamp down on prostitution rings using massage therapy as a front. Read article
Couple sues Special Olympics over their child's rape
A couple sued the Special Olympics on Thursday, claiming it should have conducted a more thorough background check on a volunteer who raped their disabled son. Read article
Carsonville honors volunteers who get background check
Field- trip chaperones, foster grandparents, room moms and basketball coaches are about to become card-carrying, certified school volunteers. Carsonville Elementary School is starting a program to thank volunteers who go through a criminal background check. Read article
The Illinois Legislature is pushing forward new regulations that would require background checks and fingerprinting of massage therapists as the state looks to clamp down on prostitution rings using massage therapy as a front. Read article
Couple sues Special Olympics over their child's rape
A couple sued the Special Olympics on Thursday, claiming it should have conducted a more thorough background check on a volunteer who raped their disabled son. Read article
Carsonville honors volunteers who get background check
Field- trip chaperones, foster grandparents, room moms and basketball coaches are about to become card-carrying, certified school volunteers. Carsonville Elementary School is starting a program to thank volunteers who go through a criminal background check. Read article
Thursday, May 13, 2004
City Orders Background Checks, Reform
The City of Des Plaines has begun implementing reforms in the way it hires employees, and launched criminal background checks on all department heads following recent revelations that many top managers never had to undergo such scrutiny. Read more...
U.P. hiring efforts criticized
At least two Union Pacific Railroad job applicants have been released because they failed to report misdemeanors in their past, and a union official is criticizing the company's hiring efforts. Read more...
Assault suspect had a record
City officials knew of Regginold Samuels' cocaine-possession conviction, for which adjudication was withheld, but decided to offer him a second chance. Read more...
Firm's use of credit checks grows - Job screenings tighten amid post-9/11 fears
Individuals lucky enough to be asked back for a final job interview often are asked to do one more thing: sign a form authorizing a company or organization to look into their credit histories. Read more...
Background check system lacks updates
The child-molesting case against James Altes was one of the most highly publicized in Indianapolis in recent years. Accused of molesting four girls over a four-year period, Altes was convicted in January on five molestation charges. He's serving a 72-year sentence at Wabash Valley Correctional Facility. But nearly three months after his conviction, a background check on Altes through an Indiana State Police Limited Criminal History search comes back clean -- as if he were never arrested. Read more...
Read No Record Found for more information.
The City of Des Plaines has begun implementing reforms in the way it hires employees, and launched criminal background checks on all department heads following recent revelations that many top managers never had to undergo such scrutiny. Read more...
U.P. hiring efforts criticized
At least two Union Pacific Railroad job applicants have been released because they failed to report misdemeanors in their past, and a union official is criticizing the company's hiring efforts. Read more...
Assault suspect had a record
City officials knew of Regginold Samuels' cocaine-possession conviction, for which adjudication was withheld, but decided to offer him a second chance. Read more...
Firm's use of credit checks grows - Job screenings tighten amid post-9/11 fears
Individuals lucky enough to be asked back for a final job interview often are asked to do one more thing: sign a form authorizing a company or organization to look into their credit histories. Read more...
Background check system lacks updates
The child-molesting case against James Altes was one of the most highly publicized in Indianapolis in recent years. Accused of molesting four girls over a four-year period, Altes was convicted in January on five molestation charges. He's serving a 72-year sentence at Wabash Valley Correctional Facility. But nearly three months after his conviction, a background check on Altes through an Indiana State Police Limited Criminal History search comes back clean -- as if he were never arrested. Read more...
Read No Record Found for more information.
Thursday, April 15, 2004
Rape Charge Prompts Schools To Do Background Checks
Choir Director Accused Of Raping Student. School officials did not order a background check on a choir choreographer who was charged with raping a student because he was hired by a parents group. Click to read article
Cheap Background Checks often Miss Offenders
Employers worried about crime, terrorism and liability are embracing a new breed of online services for screening job candidates, but these low-budget background checks don't always check out. The cheapest ones routinely fail to identify criminals, performing such superficial reviews that serious offenders can get perfectly clean reports, critics say. Click to read article
Choir Director Accused Of Raping Student. School officials did not order a background check on a choir choreographer who was charged with raping a student because he was hired by a parents group. Click to read article
Cheap Background Checks often Miss Offenders
Employers worried about crime, terrorism and liability are embracing a new breed of online services for screening job candidates, but these low-budget background checks don't always check out. The cheapest ones routinely fail to identify criminals, performing such superficial reviews that serious offenders can get perfectly clean reports, critics say. Click to read article
Friday, April 02, 2004
Friday, March 05, 2004
Employee Files-Digging Deeper
How far should you go with background screening?
By Barry J. Nadell, President of InfoLink Screening Services Inc.
Article originally appeared in the Security Products
While it's self-evident that a company should want to avoid hiring disruptive or dangerous employees, headlines continually provide examples of companies that have failed to address this point effectively in their hiring processes. Background screening -- professional or in-house -- is the accepted, cost-effective means of identifying such individuals. However, denying questionable applicants employment without incurring significant legal liabilities has become much more complicated.
Legal complexity has crept into the hiring process in ways that appear contradictory. On one hand, there is the legal doctrine of negligent hiring by which companies can be held accountable and penalized for poor hiring or retention decisions. A case in point is Ward v. Trusted Health, No. 94-4297 (Suffolk Superior Court). Trusted Health Resources Inc. hired Jesse L. Rogers in 1991 as an aide in a home health care program run by the Visiting Nurses Association of Boston. Trusted Health Resources never requested a criminal background on Rogers, but such a check would have revealed six larceny-related convictions in Massachusetts. Likewise, his bogus claims to have worked at a state agency and attended nursing classes at Northeastern University would have been uncovered.
Rogers was later convicted of stabbing to death John Ward, a quadriplegic under his care, and Ward's grandmother. The murders apparently were committed to cover up thefts from the household. Ward's parents brought suit against Trusted Health and VNA, winning compensatory and punitive damages of $26.5 million, sending Trusted Health into bankruptcy.
On the other hand are the Equal Employment Opportunities Commission (EEOC) guidelines against disparate treatment. Disparate treatment (or impact) is defined as different treatment of individuals based on color, religion, sex, age or any of the discrimination terms covered under Title VII. Simply put, businesses are expected to perform due diligence before hiring employees, but their decisions for rejecting applicants must not be discriminatory.
While these legal factors merit thoughtful consideration, they do not change an employer's underlying purposes to learn all appropriate information about an applicant, to verify the information provided or obtained and to act on that information to the good of the organization.
Obtaining Information
The first line of defense for eliminating undesirable employees is the job application. Since the application form should ask as many relevant questions as possible, a one-page application would be a fairly obvious example of an incomplete form. Crucial to the effectiveness of the application (and subsequent interviews) are the questions that may or may not be asked. In some cases, questions may be asked, but any negative information obtained is not, in itself, grounds to deny employment.
Can an employer ask about arrests and then deny employment in learning of an arrest?
In industries such as aviation or law enforcement, employers are prohibited from hiring where there has been an arrest. A similar prohibition exists for health care providers when the arrest is for drug or sex crimes. However, in most industries, an employer is prohibited from seeking from any source whatsoever a record of arrest that did not lead to conviction. Because of disparate impact, denial of a job due to arrest may only cause an employer to be in court more often than necessary.
Until the last few years, many employment attorneys were quick to take the easy way out of convictions and recommend asking, "Have you ever been convicted of a felony?" Today, however, due to variations in treating crimes from state to state, more employment attorneys are realizing that simply asking for felonies does not provide adequate information. For instance, a crime such as battery is a felony in several states, but only a misdemeanor in many others. Further, district attorneys often allow arrests for felonies to be plea-bargained down to misdemeanors due to overcrowding of court dockets.
Due to these factors, the recommended conviction question would be, "Have you ever been convicted of a felony or a misdemeanor?" or, simply, "Have you ever been convicted of a crime?" In either case the qualifier, "A conviction will not be an absolute bar to employment," is required by the EEOC.
A related question, "Have you ever participated in a pre-trial or a post trial diversion program?" is a question an employer may not ask due to the Americans with Disabilities Act. An employer may ask, "Are you currently out on bail on your own recognizance, pending trial?" However, court rulings have made it clear that the employer may not deny employment due to a positive answer. A common practice is to postpone the hiring decision until the case is resolved. If there is no conviction, the position remains open and the applicant is the most qualified, then the employer should hire. However, as might be expected, postponement normally results in the applicant seeking employment elsewhere. The same course of action holds true if the subject has an outstanding warrant.
The EEOC's issued statements indicate that, if asked properly, an employer may inquire about driving under the influence convictions (DUIs). The proper phrasing is, "Have you ever been convicted of a DUI?" A negative response on an application that is later discovered to be false by a background-screening agency establishes that falsification as grounds not to hire. Clearly, it is easier to deny employment for falsification of an application than for any other reason. Therefore, employers today must ask all possible legal questions on the employment application form and then perform a background check to confirm the truthfulness of the applicant's responses.
Verifying Information
Once a prospective employee's application has been obtained and thoroughly completed, the data provided must be verified, or data not provided must sometimes be uncovered. Many employers do not recognize that background checks fall under the Fair Credit Reporting Act. Actually, credit is only about 20 percent of the act's provisions. As indicated below, any type of investigative report into a consumer's background is governed by the FCRA.
"The terms consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for ... employment purposes ... "--Fair Credit Reporting Act
Employment is specifically recognized by the Act as a permissible purpose for conducting what is commonly called a background check.
In verifying background information, an employer may learn about negative information, such as a crime, that may not be construed as a job-related offense and for which employment cannot be denied. In other words, the EEOC holds that an individual convicted of a crime is not automatically ineligible for employment. Denial of employment must be job-related.
Many job applicants conveniently forget to divulge information specifically requested on an application. Such material omissions are, by themselves, grounds for denial of a position. Time and again, questions about an applicant's criminal past are checked no and a background check reveals the truth, providing a means to legally deny employment.
Acting on Verified Information
How does an employer use the information found in a background screen? The EEOC not only dictates that every decision be weighed against the overall analysis of a candidate, but that a conviction for a crime should be analyzed based upon the nature and gravity of the offense, the time lapsed since the offense occurred and the job applied for. A minor instance of vandalism that occurred as part of a high school prank 20 years before might have little significance for a sales candidate with a good selling record. However, any driving offence might have relevance for someone working at an auto dealership.
Can an employer deny employment due to a conviction? The key question is whether the conviction is job related. Whether the conviction was for a felony or for a misdemeanor is not an issue. Clearly, when hiring someone who can affect the company financially, such as an accountant, a manager or someone directly handling cash or credit cards, an embezzlement conviction can be considered job related. Battery, which is most often a misdemeanor, can be construed as job related, as it is a form of violence.
What about convictions for failure to appear, petty theft or DUI? An employer must analyze whether they have a sound business reason for denying employment in these and other gray area circumstances. Although criminal convictions must clearly relate to job responsibilities, employer awareness of legal liabilities for negligent hiring or negligent retention should send any applicant with a recent history of violent crime out the door.
Many employers consider good character a key ingredient in a job candidate. If good character is important within a company's philosophy, then a case could be made to deny employment based on crimes that indicate an abnormality or defect in the person's character.
The denial of employment for a DUI conviction, specifically, always seems to be a gray area. How many times did one drive drunk to get convicted? How many convictions does it take to deny someone a job based on character? If the applicant answered the DUI question no and the background check shows them to have lied, then the issue of character goes not to the DUI, but to the falsification of the employment application.
Conclusion
Today, employers are concerned about workplace violence, theft and falsified applications. Therefore, the only method of preventive hiring is to ask all appropriate criminal background questions and then verify those answers for authenticity through a complete background screen. In most cases, prospective employees with shady histories will fail to provide the requested information and can be dismissed for dishonesty on the application.
For those who are honest about their transgressions, employers can make an appropriate business decision. Does the negative information obtained indicate a sound business reason or unacceptable character for the position in question? If something goes wrong after hire, are you putting yourself, fellow employees and the public at risk? If so, then the best decision for the security and peace of mind of all concerned is a denial of employment.
Barry J. Nadell is president and a co-founder of InfoLink Screening Services Inc., Chatsworth, Calif., a nationwide provider of background screening and drug testing programs.
How far should you go with background screening?
By Barry J. Nadell, President of InfoLink Screening Services Inc.
Article originally appeared in the Security Products
While it's self-evident that a company should want to avoid hiring disruptive or dangerous employees, headlines continually provide examples of companies that have failed to address this point effectively in their hiring processes. Background screening -- professional or in-house -- is the accepted, cost-effective means of identifying such individuals. However, denying questionable applicants employment without incurring significant legal liabilities has become much more complicated.
Legal complexity has crept into the hiring process in ways that appear contradictory. On one hand, there is the legal doctrine of negligent hiring by which companies can be held accountable and penalized for poor hiring or retention decisions. A case in point is Ward v. Trusted Health, No. 94-4297 (Suffolk Superior Court). Trusted Health Resources Inc. hired Jesse L. Rogers in 1991 as an aide in a home health care program run by the Visiting Nurses Association of Boston. Trusted Health Resources never requested a criminal background on Rogers, but such a check would have revealed six larceny-related convictions in Massachusetts. Likewise, his bogus claims to have worked at a state agency and attended nursing classes at Northeastern University would have been uncovered.
Rogers was later convicted of stabbing to death John Ward, a quadriplegic under his care, and Ward's grandmother. The murders apparently were committed to cover up thefts from the household. Ward's parents brought suit against Trusted Health and VNA, winning compensatory and punitive damages of $26.5 million, sending Trusted Health into bankruptcy.
On the other hand are the Equal Employment Opportunities Commission (EEOC) guidelines against disparate treatment. Disparate treatment (or impact) is defined as different treatment of individuals based on color, religion, sex, age or any of the discrimination terms covered under Title VII. Simply put, businesses are expected to perform due diligence before hiring employees, but their decisions for rejecting applicants must not be discriminatory.
While these legal factors merit thoughtful consideration, they do not change an employer's underlying purposes to learn all appropriate information about an applicant, to verify the information provided or obtained and to act on that information to the good of the organization.
Obtaining Information
The first line of defense for eliminating undesirable employees is the job application. Since the application form should ask as many relevant questions as possible, a one-page application would be a fairly obvious example of an incomplete form. Crucial to the effectiveness of the application (and subsequent interviews) are the questions that may or may not be asked. In some cases, questions may be asked, but any negative information obtained is not, in itself, grounds to deny employment.
Can an employer ask about arrests and then deny employment in learning of an arrest?
In industries such as aviation or law enforcement, employers are prohibited from hiring where there has been an arrest. A similar prohibition exists for health care providers when the arrest is for drug or sex crimes. However, in most industries, an employer is prohibited from seeking from any source whatsoever a record of arrest that did not lead to conviction. Because of disparate impact, denial of a job due to arrest may only cause an employer to be in court more often than necessary.
Until the last few years, many employment attorneys were quick to take the easy way out of convictions and recommend asking, "Have you ever been convicted of a felony?" Today, however, due to variations in treating crimes from state to state, more employment attorneys are realizing that simply asking for felonies does not provide adequate information. For instance, a crime such as battery is a felony in several states, but only a misdemeanor in many others. Further, district attorneys often allow arrests for felonies to be plea-bargained down to misdemeanors due to overcrowding of court dockets.
Due to these factors, the recommended conviction question would be, "Have you ever been convicted of a felony or a misdemeanor?" or, simply, "Have you ever been convicted of a crime?" In either case the qualifier, "A conviction will not be an absolute bar to employment," is required by the EEOC.
A related question, "Have you ever participated in a pre-trial or a post trial diversion program?" is a question an employer may not ask due to the Americans with Disabilities Act. An employer may ask, "Are you currently out on bail on your own recognizance, pending trial?" However, court rulings have made it clear that the employer may not deny employment due to a positive answer. A common practice is to postpone the hiring decision until the case is resolved. If there is no conviction, the position remains open and the applicant is the most qualified, then the employer should hire. However, as might be expected, postponement normally results in the applicant seeking employment elsewhere. The same course of action holds true if the subject has an outstanding warrant.
The EEOC's issued statements indicate that, if asked properly, an employer may inquire about driving under the influence convictions (DUIs). The proper phrasing is, "Have you ever been convicted of a DUI?" A negative response on an application that is later discovered to be false by a background-screening agency establishes that falsification as grounds not to hire. Clearly, it is easier to deny employment for falsification of an application than for any other reason. Therefore, employers today must ask all possible legal questions on the employment application form and then perform a background check to confirm the truthfulness of the applicant's responses.
Verifying Information
Once a prospective employee's application has been obtained and thoroughly completed, the data provided must be verified, or data not provided must sometimes be uncovered. Many employers do not recognize that background checks fall under the Fair Credit Reporting Act. Actually, credit is only about 20 percent of the act's provisions. As indicated below, any type of investigative report into a consumer's background is governed by the FCRA.
"The terms consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for ... employment purposes ... "--Fair Credit Reporting Act
Employment is specifically recognized by the Act as a permissible purpose for conducting what is commonly called a background check.
In verifying background information, an employer may learn about negative information, such as a crime, that may not be construed as a job-related offense and for which employment cannot be denied. In other words, the EEOC holds that an individual convicted of a crime is not automatically ineligible for employment. Denial of employment must be job-related.
Many job applicants conveniently forget to divulge information specifically requested on an application. Such material omissions are, by themselves, grounds for denial of a position. Time and again, questions about an applicant's criminal past are checked no and a background check reveals the truth, providing a means to legally deny employment.
Acting on Verified Information
How does an employer use the information found in a background screen? The EEOC not only dictates that every decision be weighed against the overall analysis of a candidate, but that a conviction for a crime should be analyzed based upon the nature and gravity of the offense, the time lapsed since the offense occurred and the job applied for. A minor instance of vandalism that occurred as part of a high school prank 20 years before might have little significance for a sales candidate with a good selling record. However, any driving offence might have relevance for someone working at an auto dealership.
Can an employer deny employment due to a conviction? The key question is whether the conviction is job related. Whether the conviction was for a felony or for a misdemeanor is not an issue. Clearly, when hiring someone who can affect the company financially, such as an accountant, a manager or someone directly handling cash or credit cards, an embezzlement conviction can be considered job related. Battery, which is most often a misdemeanor, can be construed as job related, as it is a form of violence.
What about convictions for failure to appear, petty theft or DUI? An employer must analyze whether they have a sound business reason for denying employment in these and other gray area circumstances. Although criminal convictions must clearly relate to job responsibilities, employer awareness of legal liabilities for negligent hiring or negligent retention should send any applicant with a recent history of violent crime out the door.
Many employers consider good character a key ingredient in a job candidate. If good character is important within a company's philosophy, then a case could be made to deny employment based on crimes that indicate an abnormality or defect in the person's character.
The denial of employment for a DUI conviction, specifically, always seems to be a gray area. How many times did one drive drunk to get convicted? How many convictions does it take to deny someone a job based on character? If the applicant answered the DUI question no and the background check shows them to have lied, then the issue of character goes not to the DUI, but to the falsification of the employment application.
Conclusion
Today, employers are concerned about workplace violence, theft and falsified applications. Therefore, the only method of preventive hiring is to ask all appropriate criminal background questions and then verify those answers for authenticity through a complete background screen. In most cases, prospective employees with shady histories will fail to provide the requested information and can be dismissed for dishonesty on the application.
For those who are honest about their transgressions, employers can make an appropriate business decision. Does the negative information obtained indicate a sound business reason or unacceptable character for the position in question? If something goes wrong after hire, are you putting yourself, fellow employees and the public at risk? If so, then the best decision for the security and peace of mind of all concerned is a denial of employment.
Barry J. Nadell is president and a co-founder of InfoLink Screening Services Inc., Chatsworth, Calif., a nationwide provider of background screening and drug testing programs.
Monday, February 23, 2004
InfoLink’s easy-to-use, web-based service enables HR professionals to conveniently request background checks, view work in progress, and securely retrieve and archive reports. InfoLink’s superior service, fast turnaround time, accuracy and legal compliance expertise enable companies to Hire with Confidence™.
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