Ban-the-Box laws are not only being enacted across the country they are also being updated.  Massachusetts was the second state in the country to enact such legislation, after Hawaii, and recently announced an evolution and change to existing law.

There are a large number of states and cities in the country that have already enacted some manner of ban-the-box legislation.  When it comes to laws affecting employment screening in the USA there is none more prevalent than Ban-the-Box laws.  Ban-the-Box laws were designed and implemented to assist the class of citizens in this country with a previous criminal record to get a better chance of being hired.  By eliminating the question of “criminal history” from the job application form it is felt ex-offenders with criminal records will get a better chance at gainful employment.

It is very important that employers across the country pay close attention to these ban-the-box laws that have been previously enacted and any new ones coming into law now and in the near future.  If an employer is in a specific jurisdiction, city, county or State with such laws in place then they have to obey them which means they will most likely have to update their employment screening policies and procedures.  It is not just about removing the question of criminal history on the job application, it is also about when and why employers can legally perform criminal background checks on their applicants.

It is now incumbent on employers in this country to not only pay attention to these laws but to also make the necessary changes to their pre-employment background screening processes in order for their hiring practices to remain or become legally compliant.  It has become clear all across the country that discrimination in any form during the hiring process will no longer be tolerated.

From the National Law Review’s webpage (Jun 08, 18)

“Ban the Box” laws prohibit or limit an employer’s ability to ask a job applicant about his or her criminal record. States, counties and cities have enacted this legislation to help applicants with criminal records combat additional barriers to securing employment.  ^{natlawreview.com/article/ban-box-updates-massachusetts}

Due to the longevity of Ban-the-Box legislation in Massachusetts the State’s experience with the law has motivated legislators to change the law, expanding what it can do and how it protects.

From LawAndtheWorkplace.com (May 02, 18):

Massachusetts Governor Charlie Baker recently signed Senate Bill No. 2371, “An Act Relative to Criminal Justice Reform,” into law. The law will go into effect October 13, 2018.  Among the Act’s extensive criminal justice reform provisions are several important modifications to the “Ban the Box” anti-discrimination laws… which will further restrict Massachusetts employers’ ability to consider criminal history in making hiring decisions.  ^{lawandtheworkplace.com/2018/05/massachusetts-modifies-ban-the-box-law/}

It is important for Hiring Managers and HR Departments to work with a well-qualified third-party pre-employment background screening agency in order to stay fully compliant with existing and potential law, as well as changes to existing law, to avoid potentially expensive legal action.

The amended law in Massachusetts has some substantive changes that will affect pre-employment background screening.

From LaborAndEmploymentLawCounsel.com (May 24, 18):

In addition, the criminal justice reform bill lowers the number of years before an individual can seek to have a criminal background record sealed or expunged. Ultimately, this means that employers will have less access to criminal history information in making employment decisions. In response to employers’ concerns about being held liable for negligent hiring or retention based on criminal history to which they no longer had access, the legislature included a provision in the bill that incorporates presumptions based on employers’ more limited access to such information. Employers will be presumed not to have notice (or the ability to know) about (i) records that have been sealed or expunged, (ii) records about which employers may not inquire under the anti-discrimination law, or (iii) crimes that the Massachusetts Department of Criminal Justice Information Services cannot lawfully disclose to an employer.  ^{laborandemploymentlawcounsel.com/2018/05/another-change-to-massachusetts-ban-the-box-law/}

How and when Criminal History Records can be used will continue to evolve and what happens in Massachusetts could eventually occur across the country.  Ultimately, the use of Criminal History Records will evolve just as Ban-the-box legislation will evolve.

With this kind of constant change in law it is very wise and a best practice for employers all across the country to partner with a professional employment background screening company to help them remain fully compliant in all aspects of the hiring process.

To read more about the changes to ban-the-box laws in Massachusetts and the overall continual expanse of this movement throughout the USA and what affect it has on employers and employment screening practices read recent CriminalBackgroundRecords.com press release:  Be Current, Stay Current; Evolution of Ban-the-Box Laws as Exampled by Massachusetts

Summer is coming and that means time for summer camps and sports camps for children.  Often these camps entail overnight stays and parents have to trust their children with camp counselors, coaches and other staff.  The experience of some of these camps can be life altering in a positive way for children but parents and the greater society need to be at peace knowing that these kids will be safe in these new unchartered places.  This is where employment background checks comes in.  Nowadays parents, the government and society in general are making it mandatory for such camps to put all their employees and volunteers through a proper background screening.

A thorough background screening for such personnel should include reference checks, criminal background checks, sex offender checks, SSN Traces, verification checks such as license verifications and of course a proper in-person interview.

As parents look into different opportunities for their child during the summer break they often look into summer camp.

Summer camp comes in a variety of forms:

• Day camp:  Generally a localized activity covering a single day and filled with a wide variety of activities.
• Sleep over camp:  These camps can last from a single over-night to extended visits up to a couple of weeks or even months.
• Theme camp:  A theme can extend to location or activity or both.  A week on a ranch in Montana tending to horses and cattle.  A weekend in the mountains learning about a different topography or geography and so on.

From Laduenews.com (Mar. 30, 17):

Camp constitutes a place for kids to try new things, become more independent and gain self-confidence. Simple challenges for children include building fires, going on hikes or learning to ride horses; more complex situations, though, include understanding how to get along with others, learning to ask for help and trying things outside one’s comfort zone. Letting go can be difficult for parents, but it’s life-changing for kids.  laduenews.com/business/columns/prepare-you-and-yours-for-summer-camp/article_c68627b1-8e59-5adc-86b2-8a1107170cce.html

Camp is a great outlet for a child’s energy, time and curiosity.  As long as it is a safe environment a parent should only worry about a little one being homesick.

A great many camps take considerable steps to protect children.

From RichmondMagazine.com (Mar. 30, 17):

The American Camp Association (ACA) provides guidelines for hiring and developing competent counselors. Pre-employment screening, education requirements, job descriptions and personnel policies, discipline procedures, training recommendations, performance evaluations, diversity requirements and the ratio of campers to staff are all part of the association’s voluntary accreditation program that offers benchmarks for management standards, including staffing.  richmondmagazine.com/news/education/whos-watching-your-kids/

Certain camps set higher standards.  Also, from RichmondMagazine.com:

Some camps have developed their own hiring and training standards, which typically address preventing sexual harassment or abuse, CPR and first aid training, smoking and substance abuse policies, acceptance standards, guidelines for anger management, conflict resolution protocol, and reference checks, criminal background checks and a check of the national sex offender registry.  ibid

One key component of a good camp is the thoroughness of the background check.  A complete background check is a great tool to utilize within a screening program.  Combined with a solid interview, background screening helps further protect a child from potential risk.

A third-party employment screening company can assist any organization or group with background screening of employed or volunteer camp counselors or employees.

To read more regarding the benefits of a thorough background screening of summer camp and summer athletic camp counselors, employees and volunteers and what particular background checks should be utilized in this process to help protect children read recent CriminalBackgroundRecords.com press release:  http://www.criminalbackgroundrecords.com/news/2017-04-19-Its-Time-to-Protect-Young-Athletes-and-Campers-with-Thorough-Background-Screening.html

Most every company or organization hires new workers at some point or runs background checks on current employees.  Either way the employment screening process has to be in compliance with all Federal, State and Local laws governing the use of consumer reports such as criminal history reports.  This process typically includes posting an Ad for a job position, then sorting through resumes, then having interviews for the candidates that look the most promising and then picking the best person for the job and hiring them.

However, these days human resources (HR) personal need assistance in creating, maintaining and then conducting the hiring process in strict adherence to their employment screening policies.  With new laws affecting the employment screening and hiring process being enacted into law all over the country, it is wise to partner with a third party background screening company to help hiring agents like HR professionals remain compliant with such laws and also to help them understand the consumer reports they receive on prospective and current employees.

Current background information that should be utilized as a part of a complete and comprehensive background check is criminal background checks, SSN reports, sex offender record checks, driving record checks (if applicable), employment background checks like employment verifications, education verifications and personal and professional reference checks.  All of these reports together give a full picture of the job candidate and helps employers make wise hiring decisions.  However, it is not enough to just order these background checks, employers also need to understand the laws surrounding the proper use of this background information and must adhere to all current laws regulating how and when these background checks can be reviewed or even taken into consideration.

With new laws like ban-the-box legislation, the legalization of marijuana use and the continued efforts of the Equal Employment Opportunity Commission (EEOC) combating discrimination in the hiring process it is time for employers and HR professionals to work with a third party background screening company to remain legally compliant during this time of rapid change in the employment screening arena.  It is also best to consult legal counsel to ensure your background screening and hiring policies and procedures are compliant with all Federal, State and local laws governing the use and proper application of when and how consumer reports like criminal history reports can be used in the decision making process of hiring new employees.

Every employer needs to understand the laws that govern the employment screening process and must remain compliant with such laws and guidelines to avoid legal action from the EEOC and other agencies.  The EEOC will seek legal action against companies and organizations if they violate federal law specifically in instances of discriminatory hiring practices.  A sound hiring practice helps verify information on a resume and looks into the life experience and background data of a prospective employee.  This is fine but the process has to be compliant with all relevant laws and cannot be in anyway discriminatory to the point of even disparate impact which on the surface does not appear discriminatory but when looked at in the aggregate does indeed discriminate.

The use of background records which includes consumer credit reports, is regulated by the Fair Credit Reporting Act (FCRA) and is enforced predominantly by the US Federal Trade Commission and the Consumer Financial Protection Bureau. The FCRA also has clear rules in its section covering employment background checks.  It states that all employers using consumer reports including criminal history reports must get written permission from the job applicant to run the criminal background checks and must tell the applicant if the criminal record report was in-part or wholly responsible for the applicant not getting hired.  This adverse action letter must be given to the applicant along with a summary of their rights under the FCRA and the applicant has a right to dispute these records along with other rights.

Other than credit information consumer reports like criminal history reports are protected and enforced by the Equal Employment Opportunity Commission under the authority of the Civil Rights Act of 1964 and its various updates and expansions.  There are clear rules that employers have to abide by when selecting new employees.  The FCRA and EEOC make it clear how criminal background records are to be utilized during the employment screening process through its documents and guidance’s.

The bottom line when it comes to employment screening in the USA is that this country has a far reaching agenda to end as best they can discrimination in the workplace and in the hiring process.  This agenda also includes giving previous criminal offenders a fair chance at getting a job including removing the question on the job application form asking the job applicant if they have a criminal record.  In addition some States now will not allow employers to take into consideration any criminal record older than 7 years.  These States will only provide the last 7 years of criminal history if the reason for the criminal background check is for employment screening purposes and the new job would physically be in that State.  With recent laws like these it is imperative that employers and hiring agents understand what is expected of them and that these new laws are reflected in their employment screening and hiring policies to remain in full compliance.

To learn more about the employment screening process in the USA and the new laws and regulations effecting the hiring process and why it is important for employers to remain or become legally compliant related to these new laws read recent CriminalBackgroundRecords.com press release.

Today’s modern workplace is changing and the employment background checks being utilized now by human resource professionals and other hiring managers is evolving.  In recent history there has been many new laws and guidance to adhere to in the employment screening process.  The use of criminal background checks as part of the pre-employment hiring process has significantly changed especially as to when in the hiring process a criminal records check can be performed.  Actions by the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD) has further highlighted the need for employers and landlords to use their guidance on the proper use of criminal background checks in the evaluation process of new applicants.  However, as important as criminal history is to a company looking for the best job applicants there are other background reports as well that should be utilized in addition to a criminal records check.

Current day savvy HR professionals know that there are other background reports available out there to help them properly vet new employment candidates.  These reports are in addition to criminal record reports and provide deeper information that an interview may not uncover.  There are three background reports that employers in the USA are currently using or should be using.  These include driving record checks, social security number validation with address history trace and professional verifications.  Depending on the job the most important verifications are education verification, license/credentials verification and previous employment verification.  HR staff and hiring managers should look beyond the criminal background check and take stock in the whole picture that can be revealed by utilizing additional background checks as listed above.

In light of the growing epidemic of job applicants lying on their resumes, the time is now to start performing education verifications and/or license or credentials checks.  An education verification will confirm whether or not a job applicant graduated from the educational institution they put on their resume.  It will also determine if in fact the applicant has the necessary credentials or license required for the job position.  An education verification and employment verification (new college grads may not have this), will serve as a great starting point on evaluating the worthiness of a new job applicant. If the resume does not accurately reflect the information derived from professional verification checks then the applicant may not be the best candidate for the job and that means time to look at other applications.

Driving history checks are an important piece to the vetting process even if the job position does not require operating a motor vehicle.  For risk mitigation purposes this is still a worthwhile background check as a negative driving history could be a red flag and could pose a liability concern.  Any incident related to driving during work hours could prove costly to the company.  Even if negative driving records are not found through a motor vehicle records check it also serves as a means to identify whether or not the job applicant has a valid driver’s license.  A single incident involving a company employee utilizing a company vehicle could create a significant liability.  It is always best to avoid the opportunity of exposure rather than invite risk.

To read more regarding additional critical reports for pre-employment background screening beyond criminal background checks and how the modern workplace’s background screening process and background reports utilized are changing read recent CriminalBackgroundRecords.com press release: http://www.criminalbackgroundrecords.com/news/2016-06-15-Critical-Reports-for-Pre-Employment-Background-Screening-Beyond-Criminal-History.html

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.

A recent survey by Liminality found that 21% of small landlords sometimes or never conducted background checks on their prospective tenants. The study also found that only 44% of these landlords conducted sex offender checks. This news is shocking as one bad tenant could put a small single unit owner into financial distress. A small landlord will cut corners in order to maximize the return on investment, however cutting corners by not performing tenant background checks is not a wise decision. Typical thorough tenant checks only cost between $25 and $50 dollars, a small price to pay for a good tenant. It is important for a small landlord to work with a third party tenant screening company for a few reasons. First, they will get the reports needed to make an intelligent leasing decision and second to help stay compliant with laws governing the background screening industry. Along with a credit check, sex offender search, eviction search and criminal history check a landlord needs to stay compliant with relevant laws. Amidst changing laws in the background screening industry a small landlord or property manager doesn’t have the same resources as the larger property managers do to keep current with these laws. For this reason they should partner with a third party tenant screening company to get all the background reports they need as well as get good advice pertaining to the proper use of background reports in the tenant screening process. To learn more about why small landlords and property managers should use a third party tenant screening company and run tenant background checks on prospective tenant’s read recent TenantScreeningUSA.com press release: http://tenantscreeningusa.com/tenant-screening-news/why-small-property-landlords-should-conduct-tenant-screening-and-work-with-3rd-party-screening-companies/

The new joint guidance from the EEOC and FTC spelled out what they want employers to know. First off they want employer’s employment screening policies to promote equality and to prevent discrimination. The joint guidance highlights that the same standard must be used on all individuals and that all information must be used the same way. The joint guidance was designed to define what can and cannot be used in regards to public records like criminal background checks in the employment background screening process as well as the rights of individuals during the hiring process. Employers must get written permission from job candidates in order to pull background reports on them, and must explain what type of background check/s will be conducted. The candidate also has a right to request a copy of any background information used in making the hiring decision. The joint guidance also addresses adverse action and what needs to happen if an employer denies employment based in part or in whole on information contained in a background check. To read more about the EEOC and FTC joint guidance view recent CriminalBackgroundRecords.com press release: http://www.criminalbackgroundrecords.com/news/2014-6-9-Highlights-of-the-Joint-Guidance-from-the-EEOC-FTC.html

2012 brought about a lot of changes to the background screening industry particularly the use of criminal background records in the hiring process. With the new EEOC guidelines and new US State laws pertaining to the use of criminal history checks in the employment screening process it is a good time to look into a professional third party employment screening company to use as a source for background check reports. Professional employment screening, pre-employment screening and background screening companies keep abreast of changes and new laws influencing the background check industry and offer expertise and professional background reports that help Corporate America make sound hiring decisions while avoiding illegal discrimination. To learn more about how independent third party background screening companies can help human resources make sound hiring decisions without discrimination read recent CriminalBackgroundRecords.com press release: http://www.criminalbackgroundrecords.com/news/2012-12-7-Jobs-and-Pre-Employment-Screening-in-2013.html