Monday, January 26, 2015

The Value of On-Going Screening Throughout the Employment Lifecycle

A new consideration in the background screening industry is whether employers should conduct ongoing or periodic background checks on their current workforce. Although a comprehensive background screen may have validated and confirmed a clear record on the way into an organization, something you may need to know may have occurred since that time.

While pre-employment screening refers to the process of investigating the background of a potential employee, post-employment screening refers to the investigation of an existing employee’s activity. Ongoing post-hire searches may be one way to demonstrate due diligence, support workplace safety, and even minimize exposure to risk.

From the Blooper Book

As we continue to look at some of these job applications, we can’t help but wonder how some of these job applicants got a job in the first place.

Reason for Termination:

Sharing proprietary information with competitor; young blondes; “Good behavior. They cut two months off the sentence.”; Maturity leave.

Job Titles listed on application:

Assistant chef for 15-20 years in a state facility; uninformed security guard; blue-color worker; plumbing and hating specialist; Prisoner.

Experience listed on applications:
In December, 2014 the D.C. Council unanimously passed legislation that will prohibit an employer from drug-testing potential employees for marijuana before a conditional job offer has been made.

The bill, "Prohibition of Pre-Employment Marijuana Testing Emergency Act of 2014," was introduced by council member Vincent Orange (D-At Large) in March of 2014, and explicitly states that an employer cannot test a potential employee for marijuana use until after an offer for employment has been made. After an employee has been hired, however, they "must still adhere to the workplace policies set forth by their employer."

FTC Action Halts Online High School Diploma Mill That Made $11 Million Selling Worthless Diplomas to Students

At the Federal Trade Commission's request, a U.S. district court in Florida has temporarily halted a diploma mill that allegedly grossed more than $11 million from marketing and selling fake high school diplomas online to consumers nationwide. The FTC's lawsuit seeks a permanent injunction to stop the deceptive practices and to return ill-gotten gains to consumers.

The complaint alleges that the defendants violated the FTC Act by misrepresenting that the diplomas were valid high school equivalency credentials and that the online schools were accredited. The FTC says the defendants actually fabricated an accrediting body to give legitimacy to the diploma mill operation.

Annual Reminder: Fair Credit Reporting Act – Employer Responsibilities

As the New Year commences, Aurico wants to reinforce your duty as an end user of consumer reports, attached is a Notice to Users of Consumer Reports. There are certain obligations imposed upon you under the Federal Fair Credit Reporting Act (FCRA) and we are providing you with a summary to help you continue to stay in compliance. In addition, we want to remind you it is essential that you provide the consumer (candidate, applicant, employee) with a copy of the FCRA Summary of Rights document during the process.
  1. Before an employer orders a consumer report from Aurico, your consumer reporting agency (CRA), you must make a "clear and conspicuous" written disclosure to the consumer that a consumer report may be obtained. This document is often referred to the "Disclosure" and may be a part of a Disclosure and Authorization form. It must consist "solely" of the disclosure.