Adverse Action: How to Take Action on Background Check Information

Background screening is designed to help employers confirm job application information is accurate, mitigate negligent hiring risk and help organizations hire the “A” players – the best people for the job!

The screening process may uncover information that creates hiring/employment challenges and puts employers in the difficult position of denying employment. It is essential that employers take the proper steps when denying employment to maintain compliance with applicable regulations. The National Association of Professional Background Screeners (NAPBS) has developed best practices to help guide employers with this process. These best practices are outlined below.

An “adverse action” is defined as denial of employment or any other decision that adversely impacts any current or prospective employee (e.g., termination, denial of promotion, failure to hire, etc.). If any adverse action will be taken based in whole or in part upon the consumer report, the employer must comply with a two-step process notifying the applicant/employee of the adverse action.

From the Blooper Book

Each month, we try to bring you the best of the best reports for your enjoyment – or in some cases, the worst of the worst.

Some job applications reveal a versatile applicant pool:

Job Title: “Janitor/Web Design Combo”

The job was rough, but it made for a great icebreaker at parties.

Job Title: “Cow Pusher”

National Survey on Drug Use and Health

Every year the Substance Abuse and Mental Health Administration (SAMHSA) conducts a National Survey on Drug Use and Health (NSDUH). The survey is the primary source of information on the use of illicit drugs, alcohol, and tobacco in the civilian, non-institutionalized population of the United States aged 12 years old or older. Approximately 67,500 persons are interviewed in NSDUH each year.

What Do You Want from Your Drug Testing Program?

There are many reasons to have an employment drug testing program. Some are mandated by the government, some are required by your customers, and some give you a benefit with your insurance company, but the underlying reason in all of the above is to keep drug abusers out of your workforce. Studies have shown more than half of workplace accidents involve drugs and/or alcohol. This does not include theft, from co-workers or employers,  which can be attributed to substance abusers. When employers look at all the reasons to drug test, it is apparent they would want to design the most effective program possible.

Substance Abuse Program Administrators Association (SAPAA) publishes a position paper on Medical Marijuana and Legalized Marijuana

Substance Abuse Program Administrators Association (SAPAA) published a position paper regarding Medical Marijuana and Legalized Marijuana-below are sections from the paper that is relevant to employer’s drug free work place and regulated programs. 

Twenty states and the District of Columbia now have medical marijuana laws that vary greatly in content and scope, thereby presenting different challenges for Human Resource Professionals and their organizations. State legislative initiatives must be monitored closely because additional states are passing laws on medical marijuana on an ongoing basis.

Social Media

Nevada joins Arkansas, Colorado, New Mexico, Oregon, Utah, Vermont and Washington, which also adopted social media privacy laws this year, and California, Illinois, Maryland, and Michigan, which did so in 2012.

Nevada has become the latest state to enact legislation restricting an employer’s access to employee and prospective employee personal social media accounts. The new law Assembly Bill No. 181 prohibits Nevada employers from conditioning employment on disclosure of an applicant’s or employee’s personal social media account information, including user names and passwords. The legislation takes effect on October 1, 2013.

BAN THE BOX-Update

Now over 50 cities and counties and several states have “ban the box” legislation either passed or on the books we caution employers to be aware of their own state/city legislation in this area.  Many of these laws effect public and state employers, however, Hawaii, Massachusetts, Minnesota, Newark Rhode Island, Philadelphia and Seattle-all have ban the box for both private and public employers.  The legislation differs by state/county and at a minimum the employer cannot inquire about individuals past criminal record until at least a conditional offer.   Often this legislation will include an individualized assessment process if criminal record information is discovered on a job candidate. 

E-Verify Experiences Serious Technical Glitch

E-Verify had experienced a serious technical glitch on October 22, 2013, and the online system used to verify workers’ identity and employment authorization erroneously gave employers Tentative Nonconfirmations for all employees who provided U.S. Passports or U.S. Passport Cards. For some employers, that meant a nearly 40-percent TNC rate.

U.S. Citizenship and Immigration Services has provided the following guidance to employers: “If you created a case for an employee who provided a U.S. Passport or Passport Card and received a Tentative Nonconfirmation, close the case as ‘Invalid because the data entered is incorrect.’”

Best Practices when Considering Criminal Records in Employment Decisions

Aurico believes that employers should take steps and review certain factors when considering criminal records in the hiring decision.  The EEOC developed new Criminal Guidance and released these to the public in 2012.  Below is a list of some of the best practices to consider when making hiring decisions based on criminal records:

Unwanted Drug Take Back Day on October 26, 2013

On October 26 from 10 a.m. to 2 p.m. police agencies across the country and the Drug Enforcement Administration (DEA) will give the public its seventh opportunity in three years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs.  Bring your medications for disposal to a listed site. Use the below link to find a site near you.  The service is free and anonymous, no questions asked.

 

Join Laura Randazzo, VP of Compliance, at the Management Association Employment Law Conference

On Thursday, October 17, at the Naperville Campus of Northern Illinois University, Laura Randazzo will be presenting an informative session on best practices and common services for conducting background screenings and drug tests.  She will also discuss regulations to keep employers compliant with the law.  So, join us at the Management Association's Employment Law Conference.