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Oregon Becomes 3rd State to Legalize Recreational Marijuana

October 28, 2015 By

Following Colorado and Washington, on October 1st 2015 Oregon became the third State to legalize the recreational use of marijuana.  The legalization of marijuana will mean many employers with have to revise their drug testing policies and overall employment screening program.

Legalizing marijuana forces companies to re-examine their drug screening policies and hiring practices.  Although most companies that already had a drug testing policy in place will most likely keep screening current and prospective employees for drug use.  However, the acceptable level of drug use that may be allowed could change and tests could look for either recent or substantial drug us.  This will certainly cause headaches for hiring managers, human resource departments and companies at large operating in a State were marijuana use is legal further complicating the employment screening efforts and hiring process at large.

The trend in the USA over the past few years has been focused on reducing and hopefully eliminating discrimination during the hiring process and during employment.  With ban-the-box legislation sweeping through the country many employers can no longer ask job applicants on their applications if they have a criminal record.  The ambition here is to give job applicants with past criminal records a fair chance at gainful employment.  Additionally the EEOC is taking companies to court for proposed discrimination during the hiring process and also looking at disparate impact which on the surface may not be discriminatory but nonetheless discriminate against minorities and/or protected classes.

For those wondering whether an employer can refuse to hire a job applicant based on a positive drug test for this legally prescribed drug.  The answer so far is yes.  In California the California Supreme Court has ruled that the State’s medical marijuana law applied only to criminal prosecution, not to the workplace.  This seems to be the trend when marijuana use and possession is legal.  This further complicates employment screening policies and is causing companies to revisit their drug testing and employment screening policies.  However it is still important for companies to use a third party background screening company to provide the public record reports including criminal background checks as part of the employment screening process.  It appears now that the rules of employment will be up to the employer as long as the employer carefully follows all relevant employment laws and is consistent in its hiring practices.

To learn more about the spread of the legalization of marijuana throughout the USA and what this means for employers within those States please read recent CriminalBackgroundRecords.com press release.

Filed Under: employment screening

Parolees and Sex Offenders Second Chances, Civil Rights and the Community

September 30, 2015 By

Housing sex offenders and parolees can cause significant concern for the communities they end up living in.  According to truth-out.org advocates are organizing against what they say is an overlooked civil rights issue; the exclusion of ex-offenders, overwhelmingly people of color, from public and subsidized housing.  Many subsidized housing providers employ lifetime bans against people with criminal background records, despite a stated commitment to “second chances” by the Department of Housing and Urban Development (HUD).  We have seen the spread of ban-the-box legislation across the country tackling the civil rights of past offenders and giving them a second chance by eliminating the “do you have a criminal record” question from job applications.  Now the focus is moving towards housing and particularly housing for parolees and sex offenders.  Many communities do not want these people in their neighborhood, but the truth is they need to live somewhere.

Most sex offenders have to live by very strict rules such as not being able to live close to schools, parks and other places where children are present.  In some cases predator free zones put an entire town or county off limits, sometimes for life even for those whose offenses had nothing to do with children.  Sometimes a State will mandate a location and actually rent out a place to live on behalf of the parolee.  In a case like this there is no tenant screening performed as the State rents out the apartment or house.

In Ionia, MI an arrangement was made with a tier 3 sex offender and another former prisoner for housing as they would have been homeless coming out of prison.  According to the sentinel-standard.com this situation came with great concern from residents in the community.  It was the Michigan Department of Corrections (MDOC) who rented the building for the ex-cons.  Mayor Daniel Balice said there was nothing the city council could do to prevent the owner of the house from renting to the MDOC.  He asked Ionia Department of Public Safety (IDPS) Director Troy Thomas if the house was being monitored and Thomas said the IDPS is aware of the situation.

Second chances are important and in order to have a real opportunity at a crime free life the ex-offender will need a place to live and the chance to find a decent job.  With the civil rights of these people in the spotlight it still makes sense for landlords and property managers to conduct tenant background checks especially in areas where other tenants have children or where community members won’t tolerate past criminal offenders living in their neighborhood.

There needs to be some kind of compromise between ex-offenders and the greater public.  Certainly HUD and the Federal Government need to create a housing and employment system that allows ex-cons a real opportunity to be productive and be positive contributors to society, and a second chance at a crime free life.  This of course has to be balanced with the safety of the community at large and must protect at-risk populations like children and the elderly.

To learn more about the challenges for parolees, sex offenders and the communities they live in, along with how this effects civil rights please read recent TenantScreeningUSA.com press release.

Filed Under: Tenant Screening

Background Checks Common in Variety of Areas

September 23, 2015 By

In the United States background checks have become commonplace in a variety of areas.  In each sector background screening fulfills needs like finding out education and employment history, income verification, social security number validation, criminal history records and sex offender history.  Of all the areas of the background screening industry the area most recently in the spotlight is employment screening.  The use of background checks like criminal background checks has been under review and subsequent State laws outline how and when criminal background checks can be performed in the hiring process.  Also with the EEOC on the offensive with litigation going up against large corporations regarding their hiring process and enforcing disparate impact even if the employment screening procedures do not discriminate on surface levels, the focus primarily is on the use of background checks in the employment arena.

The primary reason given for employers to perform criminal history checks on potential and current employees is to reduce risk.  Risk mitigation is usually at the center of background screening along with creating a safe working place for employees, protecting at-risk populations and to avoid negligent hiring lawsuits.

It is clear that the primary factor in each background screening sector is risk mitigation and to protect at-risk populations like children and the elderly in the case of volunteer background screening and in home caregivers.

Recently Melissa Sorenson, executive director of the National Association of Professional Background Screeners (NAPBS) said, “Screening was uncommon for employers 30 years ago, but popularity of background checks has risen significantly in the last 15 years”.  She went on to say that “the Internet is a big factor, along with amount and availability of information, decreased costs of screenings and a rising desire among employers for risk mitigation”.  It is clear that risk mitigation is the core proponent for the increased use of background screening, but also very high on the list is to protect at-risk populations.

With background checks being used for employment screening, tenant screening, volunteer screening and caregiver background screening the amount of background checks being performed in the USA keeps rising.  With the increasing popularity of background screening it is important to note that there are multiple ways to get background information.  Due to the many ways to access background data it is important for individuals, companies and organizations to use a professional third party background screening company to conduct background checks on their behalf.  There are many websites and companies that provide background information and many ways to access public records, but only a professional background screening company can assist their clients in performing background checks legally and can help explain how and when employers can conduct criminal history checks.  They can also assist in the creation or modification of employment screening policies to help ensure they are thorough and consistent.  A professional background screening company can also make sure the records provided are accurate, up to date and complete.  They can also facilitate such requests as expungement and can send out a professional court researcher to any county in the country to verify information.

To learn more about the areas of common background screening and how background checks are a big piece of risk mitigation, along with why professional background screening companies should be used in the hiring process please read recent CriminalBackgroundRecords.com press release.

Filed Under: background checks

Recent Uber Investigation Highlights need for Thorough Background Screening

September 3, 2015 By

Uber, a taxi cab/ride sharing company is under fire for hiring drivers with serious criminal history records.  In Los Angeles four Uber drivers were cited by LA International Airport Police and over the course of this investigation were discovered to have serious criminal pasts.  From the Los Angeles Times the offenses which included child exploitation, identity theft, manslaughter and driving under the influence would have made these drivers ineligible for a Los Angeles taxi permit.  However, Ubers problems don’t end in Los Angeles as a driver in Dallas Texas was recently alleged to have raped a passenger after dropping her off at her home.  Uber and the City of Dallas continue to debate whether or not the driver had legal standing as an Uber driver.

A best practice for an employer is to use a professional background screening company to pull all the necessary reports and information regarding a job applicant’s current situation and past records.  A ride sharing or taxi cab company must perform thorough criminal background checks on its new and existing employees as the life of the passenger is literally in the hands of the driver.  According to the Society for Human Resource Management (SHRM) about 69% of organizations reported that they perform criminal background checks on all their job candidates.  About half of these organizations perform criminal background checks in order to reduce legal liability for negligent hiring, and just under 50% of them perform background checks to help create a safer workplace for their employees.

In the end thorough employment screening helps employers make intelligent hiring decisions and these decisions help reduce legal liability and also create a safer working environment for current and future employees.  Performing quality criminal background checks through a professional third party background screening company is the best practice for any employer to avoid hiring a bad employee that could put other employees in danger or in the case of Uber put the employer’s customers in danger.

To learn more about the recent challenges to Uber and why employers and organizations should use a third party employment screening company please read recent CriminalBackgroundRecords.com press release.

Filed Under: background checks

Recent Ellis Act Evictions & “Gotcha Evictions” Highlight Rapid Change in California Rental Market

September 2, 2015 By

In recent history in the State of California primarily in San Francisco and Los Angeles the rental market continues to heat up and subsequently has increased the value of properties including apartments spiking rental unit lease amounts.  Typically landlords want good long term tenants that create predictable rental income, however keeping long term tenants usually means keeping rental amounts around the same price.  For this reason many apartment property owners and landlords are evicting tenants in order to get new tenants willing to pay much higher rental prices.  The two principal methods used to get rid of these tenants is through Ellis Act Evictions and Gotcha Evictions.  The California Ellis Act is decades old and allows landlords to evict tenants to demolish units or convert them into condos.  The Gotcha Eviction is a category of breach of contract or nuisance eviction.  This eviction type has doubled since 2011 when the real estate market started to take off.  According to the San Francisco Rent Board’s Annual Eviction Report there were 2,120 notices of evictions filed for the year ending in February 28, 2015.  This is a 54.7% increase over five years ago.  The number of evictions targeting tenants accused of violating their lease or causing a nuisance doubled since 2010.  This has created a battle between tenants and landlords over the fair and legal use of evictions.

In the midst of the rental market challenges it is still paramount that landlords and property managers use professional third party tenant screening companies to properly vet all potential tenants.  Just because new tenants fiscally appear to be able to afford the higher rents they may have other rejectionable offenses like a past eviction or criminal history record.  As the appeal of charging higher rent amounts during the rental market boom increases so does the temptation of quickly signing a lease with a tenant or tenants without properly vetting them first.  Income alone is not enough to make an informed leasing decision, other tenant background reports need also be considered including a sex offender check, past evictions and of course criminal history.

The current challenges that landlords and renters are facing in California is not going away and new legislation is being considered.  Tenants want more rights and don’t want to be forced from their home while owners and landlords want to maximize their rental profits.  Surely the California rental market will need to balance the rights of tenants with the fiscal ambitions of landlords.

To learn more about the Ellis Act Evictions and Gotcha Evictions being used in California along with the rapid rental market changes occurring there please read recent TenantScreeningUSA.com press release. 

Filed Under: Tenant Screening

With Summer in Bloom Time to Move and Find that new Apartment

August 12, 2015 By

For many reasons the summer time is prime time for relocation and landlords and property managers need to be ready. One huge way to speed up the tenant selection process is to have an online tenant screening provider already set up. Tenant background checks can now be performed online and return of information is very quick. Most background reports like credit history, criminal history and eviction records can all be conducted online through a professional third party tenant screening company. Additionally these reports can be accessed almost immediately giving the landlord and/or property manager all the information they need to make a leasing decision all within minutes.

Currently some parts of the country like Seattle are experiencing very low vacancy rates and new apartments are filled just as quickly as they are built. However, just because demand is high for apartments in a certain region of the USA doesn’t mean that landlords should just focus on occupancy. What they should be focusing on is getting and keeping long-term renters. Long term renters provide predictable income for the owner and typically these kind of renters also keep their apartment clean and in good condition.

During this time of the year it is very important that apartment owners and managers invest in their properties appearance. Keeping a property in top shape and well maintained will draw in those potential long-term renters and help keep existing tenants satisfied with their home.

When speed to approval is crucial to avoid a potentially great tenant from checking out the competition, speed to approval becomes paramount. And it is achievable now that online tenant screening companies can deliver all the necessary background reports on a potential tenant in minutes. Key elements to modern tenant screening are: immediate access to critical reports, pay as you go, prompt search results, choice of who pays (renter or landlord), and a single recommendation for a group of renters. To learn more about gearing up for the summer migration and the challenges landlords face along with how modern online tenant screening helps aid the speed of the vetting process please read recent TenantScreeningUSA.com press release.

 

Filed Under: Tenant Screening

Legalization of Marijuana Creates Problems in the Workplace

July 31, 2015 By

With more and more States allowing the use of medical marijuana employers need to revisit their employment related policies. Even though the use of marijuana is illegal under Federal law, it is legal under some State laws. In addition to the legalization of medical marijuana at the State level some States even made the recreational use of marijuana legal as well. Specifically Colorado and Washington both now allow recreational use of marijuana. However, just because a State legalizes the use of marijuana it doesn’t mean that you can’t get fired from using it. In Colorado the most marijuana friendly State in the country a man was just fired for using marijuana. According to the NY Times on June 16th, 2015 a Colorado man lost his court case of an alleged unlawful dismissal due to marijuana use during non-work hours. A random drug test led to his forfeiture of employment. Once hired for a position in a company the employee must understand an employer’s policy on drug testing.

Employers in the USA now have to cope with State laws legalizing marijuana use and urgently need to revise their employment screening policies and employment related policies in order to reflect how they deal with employee drug use specifically the use of marijuana. Some companies in marijuana friendly States may allow marijuana use during non-work hours while others may not want any employee using marijuana both at the job and away from the job. Certain jobs certainly warrant the non-use of drugs such as marijuana and these positions can only be filled by job candidates that agree not use such drugs while under employment. Depending on what the job requires it will most likely be up to the employer as to what drug behaviors are acceptable and what are not. What is clear is that potential employees and current employees must understand the employment conditions and policies of the company they want to work for or already work for.

Already with ban-the-box legislation sweeping across the country more and more employers are forced to change their hiring practices, mainly removing the criminal record checkbox on the application form and then only able to run a criminal background check after an initial offer is made. On top of this the EEOC is enforcing disparate impact by taking legal action against companies whose employment screening policies disproportionally discriminate against certain groups such as minorities. With the legalization of marijuana at the State level, the rapid adoption of the ban-the-box initiative and with the EEOC on the attack, now is the time for employers to review their employment related policies especially their employment screening policy and how they go about hiring new employees.

To learn more about the effects of the legalization of marijuana in the workplace and what employers need to do to stay legally compliant with relevant laws please read recent CriminalBackgroundRecords.com press release.

 

 

Filed Under: criminal background check

Criminal History, Disputes and Evictions – All Part of the Renting Experience

June 30, 2015 By

Landlords and property managers can make their jobs much easier by utilizing a professional third party tenant screening company to pull background reports on leasing applicants. It is enough that a landlord must deal with repairs and disputes arising from their apartment units and renters. A wise choice by landlords would be to utilize a tenant screening company to perform thorough tenant background checks on potential renters that include tenant criminal history checks, a sex offender registry search and previous eviction check. These reports in addition to a credit check, employment verification and personal reference check paint a very good portrait at the type of tenant a potential candidate would be. Skipping this step in the application process could result in signing a lease with a bad tenant. A bad tenant can damage the apartment, not pay the rent and become a problem for the rental community they live in. These type of tenants can eventually be evicted, but the eviction process takes time, is a headache and cost money.

Proper tenant screening practices is the best way to avoid this kind of situation all together. Landlords and property managers utilizing professional third party tenant screening companies greatly reduce the risk of signing a lease with a bad tenant. These companies also help keep landlords up to date on the proper use of tenant background checks and even generate the necessary documentation such as adverse action letters to those applicants denied rental due to a background record found on them in the tenant screening process. To learn more about the challenges of landlords and how a professional third party tenant screening company can help them avoid bad tenants please read recent TenantScreeningUSA.com press release.

 

 

Filed Under: Tenant Screening

Volunteer Background Checks Critical to Protecting Children

June 29, 2015 By

Many sports leagues and youth activities require some amount of volunteer help. If a volunteer has supervision over children or routinely interacts with them it is important these volunteers undergo a proper background screening. Already extensive background checks including criminal background checks, sex offender registry searches and in some cases driving record checks and reference checks are used in the pre-employment screening arena. However since volunteers are not considered employees many of them never had to undergo a background check prior to working as a volunteer. This is changing and is evident by new laws requiring certain volunteers to undergo a background check similar to those used for employment screening purposes. The State of Florida recently introduced a new law aimed at increasing protection for children by requiring that every employee or volunteer who has routine interaction with children go through extensive background checks every three years.

Volunteers under this new law would be required to have a state criminal history, child abuse history and federal criminal history clearances. They define volunteer as any and all non-compensated athletic coaches, athletic trainers, equipment managers and others associated with school athletics; non-compensated band, musical or other performing arts assistants including managers, choreographers, directors, acting or instrumental coaches and others with similar roles; and non-compensated chaperones who assist with field trips or overnight trips and may have direct supervision over students. In the end if the goal is risk mitigation and to protect children than volunteers working with children must pass a thorough criminal background check that includes a national sex offender search.

To learn more about risk mitigation through volunteer background screening and new laws pertaining to the protection of children and volunteer background checks please read recent CriminalBackgroundRecords.com press release.

 

 

Filed Under: background checks

Property Owners and Tenants Should Make Sure Contractors are Background Checked

June 3, 2015 By

Recent attacks by contractors coming into the home show how important it is to perform thorough background checks on contractors. Often in-home contractors are over looked and no background check at all is performed on this person who gets access to your home to fix the cable or perform electrical work etc… The list goes on and on. The landlord or property owner should thoroughly background check any contractor coming into a tenant’s apartment. It is also the responsibility of the tenant to inquire to the landlord or owner that they do not want contractors in their home unless they have passed a proper background screening. Whether the landlord uses their own maintenance people or outside contractors it is crucial that these individuals have been properly vetted prior to entry.

Recently in St. Louis, Missouri a woman was sexually assaulted by a cable repairman. The woman is suing three companies and claiming the crime could have been prevented if better background checks had been performed. The StLouisToday.com stated that no previous employers or personal references were performed and that the criminal background check was inadequate. At a minimum a contractor background check should include a thorough criminal background check, sex offender registry search and social security number validation with address history trace.

Another recent case from Franklin, NY has a woman claiming theft by a contractor. Thousands of dollars in stolen jewelry was taken while workers were in her home. She then found out that the contractor/employee had a rapsheet going back ten years which included such offenses as theft, drugs and resisting arrest. In this case the owner admitted to performing a background check and still hired the thief anyway.

It is very important to properly background check any person given access to a tenant’s apartment and this onus falls on the landlord/property owner. However it is important to note that the tenant should insist to the landlord or owner that they want to make sure anyone including contractors entering their home have passed a reliable and proper background check. To learn more about background checks on contractors entering rental properties please read recent TenantScreeningUSA.com press release

 

 

Filed Under: Tenant Screening
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