Background Screening a Minor: Should It Be Done?

According to the Bureau of Labor Statistics, almost 28.8% of young adults, 16-19 years of age, were employed in December 2014.1 In addition, The Bureau of Justice Statistics reported that there were approximately 1.3 million juvenile arrests in 2012 (39% involving youth younger than age 15).2 For these reasons, employers may have justification for developing and implementing a background screening program for minors.

There are a number of factors to consider when conducting background checks on minors seeking employment. As with all background screens for applicants or employees, the Fair Credit Reporting Act (FCRA) requires consent in conjunction with pre-employment screening for minors as well. Careful understanding of the nature of a minor’s consent is necessary for employers to be protected.

From the Blooper Book

This year, we’re taking a closer look at job applications and the things we find will make you laugh and cry; but mostly laugh.

Personal reference listed on an application:

Do you accept accomplices?

Personal reference listed on an application:

EBay feedback, Wikipedia.com, The Farmer’s Almanac.

Personal reference listed on an application:

Compliance Update - Special Ban the Box Adverse Action Requirements Reminder

We want to remind our clients of special Adverse Action requirements for some of the recent cities/states that have passed "Ban the Box" ordinances. Please refer to the information below:

Chicago, IL - Requires the adverse action notice to include a reference to the specific items which form the basis of the criminal record decision. No pre-adverse action letter requirements.

Massachusetts - Requires (i) a copy of the Company’s Massachusetts Criminal Record Information Policy; (ii) the sources of any criminal history records provided to the Company (as reflected in the background report); and (iii) information from the Massachusetts Department of Criminal Justice Information Services (“DCJIS”) concerning the process for correcting a criminal record.

Montgomery County, MD - The pre-adverse action notice must include a reference to specific criminal items which form the basis of the decision; and then there is a minimum seven day waiting period before taking adverse action. Montgomery County, MD does not require that the final adverse action letter specifically enumerate the items forming the basis for the action.

New Minnesota Expungment Law Helps Protect Employers from Liability

Minnesota has joined a list of states that have either introduced or have passed laws that protect employers from negligent hiring and retention suits when hiring ex-offenders with expunged criminal records.  In addition to the protection from expunged records Minnesota included in their “Ban the Box” regulation a similar protection that an employee’s criminal record “may not be introduced as evidence in a civil action against a private employer” where “the action is based solely upon the employer’s compliance with the law (not asking about the criminal record on the application). These laws may not protect employers, however, if there is negligence for not performing a proper background check in order to ensure a safe work environment.    

The states of Georgia, Tennessee, and Alabama have similar laws.   

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."