7 Reasons a Criminal Passes an Employee Lyft or Uber Background Check

Uber and Lyft, two of the largest ride-sharing platforms, have been catching a lot of heat over their background screening programs.  In light of the latest terrorist attack by a NY Uber driver, as well as the case of the Lyft driver who was convicted of federal terrorism 5 months before he started driving for Lyft, I feel it’s the perfect time to examine how two such employees were able to pass background checks. First, let’s not point the finger at Uber and Lyft.  Let’s start with the background screening industry.

The background screening industry is NOT the most transparent industry.  For over 13 years I have owned a background screening firm and for that entire time, I have been saying that our industry has evolved into a competitive environment in which screening firms will cut corners, remove solutions from packages, and limit reports when not required by law in order to stay competitive in pricing or turnaround times.

I spend an inordinate amount of time working with lawmakers on best practice policies and defending this challenging industry. My recommendations are always to define in the code what the background check requires. Doing so will remove the option for screening firms to cut corners.

I am NOT saying that the background screening firms for Lyft and Uber cut any corners.  I have no way of knowing this without running the background checks myself, but I will say that it is extremely hard for organizations to understand exactly what their background screening provider includes in an employee background check.

There are 7 reasons a criminal could pass an employee background check:

  1. Convicted in County Outside of Where They Live. Background screening firms generally rely on SSN Trace to provide an address and then they search counties associated with this address for a 7 or 10 year period.
    1. No Federal Criminal Courts Search. Background check firms do not always add the Federal Criminal Search to their packages.  It appears that the Lyft driver who was convicted of federal terrorism was convicted in federal courts.

     

    1. Only Search Federal District Court. Only searching the federal district courts where the applicant has lived for 7 or 10 years does not provide a thorough report.

     

    1. Not Searching Alias Names. It is still not a common practice to include an alias or other names on the background check,  but doing so is a best practice that should ALWAYS be included.

     

    1. Limit the Scope of Background Check. Many screening firms adopt a 7 year restricted search nationwide.  We suggest that the information only be restricted to what federal or state laws require.  Example, a conviction in Indiana should not be limited to 7 years because the state allows reporting of all convictions as does the federal FCRA.

     

    1. Not Conducting Employee Rechecks. Background screening is not a one and done process.  Employee background checks should be conducted on an ongoing basis.

     

    1. The Criminal Conviction Not Reportable. Yes, it is true many states have adopted restrictions on what convictions can be reported.

This wave of ride-share drivers with serious criminal backgrounds will likely result in a knee jerk reaction from policymakers who do not understand everything and therefore assume that a government background check like the FBI conducts would have caught this.  Not true.

The terrorist in NY appears to have had some citations in his background.  This would be easily found in an MVR check; however, if they were non-moving violations, they would not necessarily be exclude him from driving.  Also, traffic citations are not likely to show up in an FBI background check.  It would still take a private company search of MVR records to obtain this important information.

I would suggest that ride-share companies like Uber or Lyft review their background screening programs and determine where the ball was dropped.  If it was as a result of the screening firm not using best practices, then correct that by finding a new partner.  If it is because government has restricted what information can be reported, then make that public in order to open up lines of communication with lawmakers with the intent to remove these restrictive loopholes that may be allowing terrorists to slip through the cracks.

An obvious solution is to ensure that you are using the best screening solutions available.  Our leadership team and advisory board of law enforcement, secret service, Navy Seals, and cyber intelligence experts are continually adopting the most cutting-edge technologies.

Three solutions that we have that could greatly reduce your risk:

  1. ArrestAlert.  We have direct integration with 80% of the jails in the U.S. and can access arrest data that can be used for:
    • Pre-Employment. Find arrests outside the scope of where a candidate has lived or worked.  Most jail data goes back a minimum of 10 years.
    • Real-Time Monitoring. We can add your employees to real-time arrest monitoring, so you are immediately notified of any arrests.
  2. The software will automate the process of managing re-checks as well as real-time ArrestAlert monitoring.
  3. Real-Time MVR monitoring. Not every state provides real-time MVR monitoring, but where available, this will alert you to any traffic citations.

If you would like more information, please email or call us:  sales@safehiringsolutions.com or 866-434-0002

Should You Be Conducting School Background Checks on Board Members?

As a former Violent Crime Detective, I was called upon to provide equal protection under the law.  What does that mean? Equal protection is a 14th Amendment protection that simply means that everybody receives equal protection under the law- no matter who they are.  This means nobody is above or below the law.

When I worked with victims of violent crime, sometimes the victims themselves were not always upstanding citizens.  Some of them were prostitutes, drug abusers, or alcoholics. Some of them had lengthy criminal records.  Guess what?  They deserved the same equal protection, under the law, as any law abiding victim.

As a detective, I was also tasked with investigating police officers who abused their spouse or partners.  This abuse could range anywhere from pushing and shoving to murder/suicide.  Investigations were even more complicated because during the early 1990’s, there was still a strong adherence to the “blue wall”. Police departments often operated under the belief that “cops take care of their own”.

Believe me, police officers survive by taking care of each other.  I have been on calls where a simple disagreement turned into a gun battle. Shots were fired with people being seriously hurt.  One of my friends, a fellow officer, was killed as we served a warrant.

But for me, a child, grandchild, cousin, brother, and husband of a police officer (active and retired), once a police office abused a spouse, partner, or child, a line was crossed placing them clearly on the other side of the law.  I always did my job with pride ensuring that violators were successfully prosecuted.

This is an example of equal protection under the law   Nobody, even officers themselves, are above the law.

So when I was recently asked about whether a school corporation should conduct school background checks on board members, my response was simple-  absolutely!

Why should an administrator or school board member be exempted from the school employment background check policy?  That sounds suspiciously like being above the law and a clear example of unequal protection.

“Unequal protection” in law enforcement is when groups of people are unfairly exempted from a policy.  For example, many states have mandatory arrest laws for domestic violence.  Yet, if a police officer does not make an arrest when it is another police officer, that is unequal protection. Unequal protection exposes the department to possible liability as well as the victim to increased danger. Obviously, the danger of continuing abuse increases when there is a lack of consequences and accountability.

When a school board member is excluded from the background check policy, it creates a flawed policy, reflects poorly with the rank and file, and increases the possibility of future embarrassment, even criminality.  It sends the message that those who approve policy are above it.

We have all witnessed elected officials who have fallen from grace.  A former Speaker of the U.S. House of Representatives, Dennis Hastert, was released from prison less than two months ago after being convicted of sexually abusing kids  while a wrestling coach and teacher before he was elected to office.

In the past few weeks, I have witnessed school board members in different parts of the country that have caused embarrassment for their school districts after being arrested.  In the Southwest, a new school board member resigned soon after taking his seat because of financial problems, bankruptcies,  etc.

In the Midwest, a large metropolitan school district was hit by partners in crime.  Two school board members, a husband and wife, were recently arrested after stealing a shopping cart full of merchandise.  It was later revealed that this was not the first criminal record for theft for one of the duo.

Thankfully, these last two examples of lack of oversight primarily resulted in embarrassment to the respective school corporations; however, what if the board members had been violent criminals or even sophisticated white collar criminals? The consequences of allowing unequal protection could have been much greater.

The bottom line is that whether elected or appointed, school board members have huge responsibilities and oversight and need to be held to the same background screening standard as all other school employees.

For more information on implementing a school board screening program, please contact us.  We provide this services for hundreds of school districts.

10 Things to Know Before Selecting a Background Screening Firm

Selecting a background screening firm can be a daunting task. An online search for background screening firms will reveal countless organizations that provide these services. This certainly muddies the waters enough to make any selection more than a little difficult. Choosing a reputable and proven background screening firm is one of the most critical business decisions you will make.  Yet, the background screening industry itself has not helped to make this an easy decision.

Unfortunately, a lack of transparency still forms the foundation of the screening industry. A close examination of listings will reveal that screening providers are more focused on providing what they want to provide rather than what is needed. What does that mean?  It means speed and low price has become the key competitive advantage points.  And quality often takes a backseat.

Granted, the efficient use of technology can drive down costs AND shorten the turnaround time.  But when screening companies purport to complete background checks not in days, but in minutes, I take pause.

Yes, more and more courts records are becoming automated and readily accessible.  However, many courts records still necessitate a court researcher to do the job correctly. In certain regions of the U.S., clerks are required to do the search. Sometimes, when a county has upper and lower courts that are not connected, each has to be searched separately.

When I read that a screening company is completing a background check in minutes, it leads me to conclude that they are relying on databases and they are neglecting to search lower courts. Nor do I have any idea what they are doing with the counties that require a county clerk to conduct the search.

Background screening is a risk-management solution.  This is not a process that allows you to check a box and claim you have done your due diligence. Poor research can foster complaints of negligent hiring and negligent retention as well as give rise to a proliferation of federal lawsuits related to federal Fair Credit Reporting Act (FCRA) violations.

We understand that it would be impossible for a lay person to know many of the problems inherent in the screening industry, so we have assembled a list of questions that should be asked of your prospective screening companies.

  1. How do you define a background check? There is no standard definition; however, background screening relies heavily on incomplete public record sources.  A thorough background screening program should consist of multiple checks and balances that include identification, multi-state databases, county criminal searches and federal courts.

 

  1. Is the background check instant? There is no such thing as a dependable instant database search.  I assume that if a background check is “instant” that it is a database only search. There is no single database, not even the FBI’s NCIC, that is comprehensive enough to stand as a single-source screening program.  Using only a database for employment purposes can open up FCRA violation issues.  It is not even a viable option for volunteer organizations because most databases have a high failure rate even for convicted sex offenders.

 

  1. Cost of a background check? You cannot do quality background checks for $5, but at the same time, it should not break your piggy bank.  Comprehensive employee background checks should range from $20-$40 for a core national criminal background check.  Volunteer checks can range from $10- $20 for a core criminal check.

Always Read the fine print carefully.  Many screening firms do not clearly articulate all of the hidden costs e.g. aka names, additional counties, expanded past 7 years, etc.

 

  1. How far back do your background check reports go? This is a question you should always ask as there are several factors that impact this answer. A thorough background check should go back as far as allowed. We believe it is critical for our clients to have all the information they need to make informed decisions. Even so, there are strict guidelines from the EEOC, FCRA as well as state and local laws that must be followed. Consequently, what factors can impact how far back a background check extends?
    1. Convictions vs Non-Convictions. The federal FCRA restricts reporting of non-convictions to no more than 7 years unless the salary for the position is $75,000 or more. Some state laws further restrict convictions or do not allow their reporting.
    2. Individual state. Several states have further restricted the reporting of adverse information.
    3. How far back court records go. Some states maintain criminal records that extend 30 years or more. Other states purge misdemeanor records at 10 years.

 

  1. How are alias names searched? Alias names bring up thoughts of Jason Bourne and espionage, but really, it is a fancy way of saying any other name your candidate has been known by.  With name-based background checks, it is critical to include any possible alias names to ensure your candidates do not have a criminal history under a former married name, maiden name, birth name, etc. Many screening firms do not include this service in their pricing and then, clients are unpleasantly surprised when hit with additional fees because a candidate has 3 different names.  We do not charge extra for searching other names. We consider it an important part of a thorough search.  It is included in the original quote.

 

  1. Are employees of the screening firms screened regularly? It seems like a question you would not need to ask, but I would encourage you to inquire about the backgrounds of the people you will be trusting with such sensitive information.  Some screening firms “offshore” parts of their screening process like verifications.  How do you ensure that none of your sensitive data on your employees, vendors, volunteers are not being sent to another country with little to no quality control?  One of our large international volunteer partners told me that several of their affiliates were adamant about using a specific local background screening company.  A quick internet search by our partner revealed that the screening firm operated out of a house where the owner also sold jams and jellies.  This was not the secure environment they had hoped for. We re-screen our employees on an annual basis.

 

  1. Security of Data. We mentioned in #6 that some screening firms “offshore” data which creates security issues for how the data is transferred. More importantly, what happens to it on the other end where it could be taken, printed, sold, etc.?  Security is a huge concern with all of our data, and you can be confident that our screening firm uses industry ‘best practices’ for securing your data both in transit and at rest.  What does that mean?  We use SSAE 16 and provide quarterly reports.  In addition, we engage with cyber security experts to perform penetration testing to expose any vulnerabilities in our software.

 

  1. Is compliance a core mission? Complying with federal laws such as FCRA, DPPA and EEOC should be part of the core mission of any screening firm. The majority of compliance is incumbent upon the end user; however, you want a screening partner that will keep you abreast of changes and what is happening in the industry.  We provide a number of educational opportunities each month i.e. live training events, live webinars, articles, and email communications.

 

  1. Customer service. Yes, everybody claims to have it but very few organizations truly do.  With unemployment at all time lows in most communities, hiring is extremely competitive. When you have a question about a background screening report, you should be able to receive an answer quickly.  We have removed all barriers to customer service communications by appointing a Chief of Client Strategies who oversees a team that works all day, every day, with clients. All of our clients have access to a direct line to the team, email, and chat.  We believe technology is key to the background screening process, but we will not remove human eyes from the equation.

 

  1. Education.  Things change in the background screening world very quickly.  New movements like “Ban the Box” can start sweeping the nation making it critical that your screening partner provide opportunities for learning and education.  We provide almost daily education opportunities with articles, live training, live webinars and one-on-one events.

 

In summary, a background screening firm should be more than willing to answer these questions.  If they are not, move one.  There are numerous screening firms that will.  You do not want to place the safety and security of your background screening process in the hands of an organization that is cutting corners or providing low quality products or services.  If a company won’t take the time to answer your questions in order to win your business, how responsive will they be when you are a client?

 

Please give us a call or an email, we are glad to answer any questions you have or provide an audit of your current screening program:  Toll Free  866-434-0002 or sales@safehiringsolutions.com

Securing Your School with SafeVisitor

Do you know who is entering your school doors each day? We spend a lot of time ensuring that we hire quality school employees and conduct high quality school background checks on our employees. However, we don’t always recognize that the vendor stocking the pop machine is actually a convicted sex offender. Or the parent volunteer that is working closely with our children had a conviction for soliciting a child in a neighboring state. If you are only checking the state police criminal database, the record did not show up.

The truth of the matter is that a school district will have thousands of visitors walk through their doors each year and we do not always know who they are or what risk they might pose to our children. A school district with 900 employees might have 2,500 volunteers, 100 vendors and hundreds of temporary visitors that enter the school each year.

In the past, having someone stop by the office and sign in was adequate. But in today’s world where schools are increasingly becoming a target for violence, knowing who walks through our doors is critical.

Safe Hiring Solutions has developed and released the only visitor management system in the U.S. that is integrated with comprehensive national background checks to ensure that your visitors are identified and do not have unsuitable criminal histories.

SafeVisitor is deployed at a growing number of school districts including very large school districts like Fort Wayne Community Schools. “Safe Hiring Solutions has been very excellent to work with in developing a visitor management system that is easy to use, as well as quick and affordable for our large urban school district. They have been responsive to our customer needs, and we are very happy with the increased security SafeVisitor provides,” explains Dottie Davis, Director of Security, Fort Wayne Community Schools.

SafeVisitor manages all types of visitors for your organization which include temporary (those attending meetings), volunteers and vendors. Temporary visitors scan in using their government issued ID and receive a self-expiring ID badge so they cannot re-enter the school the next day.

Volunteers and vendors all pre-register, undergo a comprehensive background check and when approved are issued an ID card that they use to enter and exit the schools. This provides a fast and accurate system for knowing who is in the buildings, who has visited buildings and flag those that are not allowed to enter the buildings.

We are one of the most affordable visitor management systems available and when you combine that with our history of providing comprehensive criminal background checks we become the only visitor system that reaches this level of security.

The timing could not be better for Indiana schools. Governor Pence has allocated another $3.5 million dollars for school security. So implementing SafeVisitor can be FREE.

Please join us for an upcoming online demonstration of SafeVisitor. We have several options over the following month.

You can register for a webinar here: https://attendee.gotowebinar.com/rt/8232241839242121474

How to Screen for the Undetected Sexual Predator

How to Screen for the Undetected Sexual Predator Did you know that 80% of sexual predators in the United States do NOT have a criminal record?

Seriously? How could that be?

There a number of reasons some of the most violent offenders in our country are still walking the streets. Are still working as school teachers. Are still volunteering in your youth programs. Are still working as a youth pastor in your church. Are still providing legal counsel. Are still working as a police officer. Are still working as a prosecutor.

They have NO criminal history!

The most common reasons for this are:

  • The criminal justice system does not understand the victim of sexual assault. We are still a culture that is fond of victim blaming. “If you weren’t drinking…” “If you weren’t hanging out at…” “If you weren’t wearing…”

As a former violent crime detective, I have heard all of this from fellow police officers, prosecutors and even social workers. I have also traveled all over the world working with communities to end violence against women and children. And I have never encountered a law that said it was justified to rape someone if they were wearing the wrong clothing, drinking or using substance or hanging out in a place their mother would not approve.

The criminal justice system prefers that our victims all fit into a category of Betty Crocker. Research also confirms that a victim is more likely to have their case prosecuted if they had not been using drugs or alcohol, did not wear anything promiscuous and did not engage in any kind of risky behavior.

  • Society does not understand sexual violence. We believe that sexual predators are always strangers, who operate at night on the other side of town. Research confirms that more than 80% of sex offenders (4 out of 5) are known to the victim. They are spouses, former spouses, teachers, family members, neighbors, etc.
  • Victims of sexual assault do not report the crime. There are a number of valid reasons a victim might not report the crime.

 

  • The criminal justice is less than “user friendly”. Victims have described the “interrogation” by the law enforcement as being as traumatic as the rape.
  • The rapists is known to the victim. If I am a child, this might be my primary caregiver. Or I was told I would be killed for reporting. Or something bad would happen to me. Or I am dependent on them financially. Or they are in a position of power and will be believed over me.
  • Trauma. The crime is so violent that I literally block it from my consciousness.

So how does this impact criminal background screening?

Significantly if you are relying exclusively on a criminal record check to keep sexual predators away from your children. You already are losing the battle.

We can only block 20% of sex offenders from our organization with criminal background checks. We must adopt other screening procedures to detect the other 80% of sex offenders with no records.

One of the best screening solutions is the reference check. Communicate with people who know your candidates.

That seems so simplistic, I know. The problems with traditional phone-based reference checks is:

  • We don’t have the time.
  • We don’t have the resources to call 3 references on all of our volunteers.
  • We can never get references to call us back.
  • They take too long.
  • The information provided is reduced to “name, rank and serial number” by corporate policies.

The great news is there is a way to conduct high quality reference checks, quickly, cheaply and without any labor.

We have recently released RapidRefCheck in version two. RapidRefCheck is a candidate-driven automated software program. That means your candidates enter their references. The system sends the surveys to the reference and provides all of the reminders and then collects and scores the data in easy to read reports

Join us for a webinar to see how RapidRefCheck can help you keep undetected sex offenders out of your organization:

 

Automated Reference Checks: The New Gold Standard

automated reference checksTraditional reference checks are extremely time-consuming and a labor intensive process. Your candidate provides the typical three references. Then you assign someone to call them, ask a series of questions and try to write down the responses as the reference answers. More than likely you come face to face with organizational policies that limit their responses to name, rank and serial number. And you are left with very little information on your candidates.

And this has been the gold standard for reference checks for decades.

Until now. Traditional reference checks are going the way of the landline telephone. Goodbye.

Yes, there will be many that hang on to the old. We all have a hard time with change, even when we know it is a good thing.

Some will argue that they feel most comfortable speaking with references on the phone, listening to voice inflection or hesitations when answering pointed questions. I understand that. What is normal is most comfortable.

But is the voice inflections and hesitations really an indicator of anything? I am sure your days trek very similar to mine, running from meeting to meeting, hundreds of emails, projects that needed completed yesterday and then the phone rings and someone asks me if I have a few minutes to provide reference feedback.

I hate to admit this, especially if I know the candidate (which I should if they are calling), but my first thought is, “no, I don’t have time right now. You just interrupted the 10 minutes I had between meetings to answer five very important emails.” Not that the call isn’t important, but it is not at the top of my to-do-list at that moment.

I have been interrupted and they only have half of my attention. That’s not good for the reference. And it’s not good for you if I am distracted.

And as a proficient multi-tasker, I am still reading through emails while I am on the phone with you. So when you ask me a very important question, I am slow to respond because I just received a Skype from one of our business development team members about the huge prospect we having been communicating with for the past twelve months.

Unfortunately, you mistakenly read too much into the pause. You think I am playing ping pong in my head, trying to determine if I can answer your question or better yet how I should answer your question. Hmm must be something there.

When I am actually being rude and not giving you my full attention. You have interrupted me and I am having a hard time shifting gears to a task that is, quite honestly, not as important as the business development Skype.

Or you leave me a voice message requesting feedback. I am out of the office in meetings and it is a day or two before I get the message and write a Post-it-note to myself to call you back. But I also have six other phone messages to add to the hundreds of emails.

My day is one million percent about prioritizing. There are many tasks that never make the cut each day. If I am lucky, a team member will run with them. If not, it might sit for a few days.

So if you want honest, objective, competency-based feedback from me on your candidate in a timely manner then:

  • Don’t interrupt me
  • Let me provide feedback when it is convenient for me
  • Understand my feedback will be immensely more valuable if I can focus 100%
  • Let me do it any time (sometimes after the kids go to bed is when I get caught up)
  • Let me do it anywhere
  • And if you want me to be candid, let me do it anonymously

And guess what…. That is an option.

RapidRefCheck is available and meets all of the above requirements and many more.

Progressive and tech savvy HR leaders are embracing the new technology with open arms. Partners who have used automated reference checks will never pick up the phone again.

Cash-strapped volunteer organizations are realizing how valuable automated reference checks can be in protecting their kids since 80% of sex offenders do NOT have a criminal record. So I better be checking references to uncover any boundary issues a potential volunteer might have with children.

What are the simple benefits of automated reference checks:

  1. Fast. 72% of references respond within the first 24 hours.
  2. Efficient. Requires a name and email address to initiate and the system does everything else, including reminders.
  3. Quality. Receive competency-based feedback from as many references as you choose.
  4. Cheap. Depending on your volume, each candidate could cost you less than $1.

So if you are interested in learning more about how your reference checks can be automated:

OR

  • Email to setup a live demo: mike.mccarty@safehiringsolutions.com

Valentine's Day Murders Define Career of Safe Hiring Solutions CEO

choking-in-fearAre you the type of person who likes to know about the people you are doing business with? Maybe it is just me, but I am very relational.  I love meeting people, learning about them, their professional and personal lives.  And that is the way I have built the culture at Safe Hiring Solutions.

We make sure we hire people of integrity but we also want people with personality and curiosity.  That are "people-oriented".  That are passionate about life and their career.

This translates into great customer service.

So I thought I would divert off our normal path on this article.  It has nothing to do with trends in background screening or tips to keep your organization safe.  This is an article about a horrible mass murder that propelled me on a course of becoming a violent crime detective and ultimately to launch Safe Hiring Solutions.

I'm sure you were not expecting an article on one of the most shocking murders in American history when you clicked on the blog link.  But stay with me.  There are no grisly details and it will help you better understand how we approach keeping your organization safe.

Here we go...

I grew up in the sleepy small town of Waveland, Indiana in the west central part of the state, the son of an Indiana state police officer.  As a kid, a major crime in our community was a stolen bicycle.

Until Valentine's Day 1977.

That's when four young men burst into a home shortly after midnight, just four miles down the road from my home, and lined the mother and her four sons up on the floor and executed them with shotguns.  Purely for the sport of killing.  The mother survived after her wig was blown off in the dark and the killers believed it was her head.

The crime shocked the nation and choked my community with fear.  The killers were unknown for more than three weeks as my dad and the Indiana State Police tracked down hundreds of leads.

I was nine years old and terrified.  Our entire community was panicked.

Then the killers were identified and one of them confessed.  The other three perpetrators had fled the state.

My fears were heightened because they were young men my dad had arrested.  And the gang was led by a sociopath my dad had prosecuted for a multitude of crimes including statutory rape of a fourteen year old girl.

There was no guide for processing a crime of this magnitude.  My response was to save every newspaper article I could get my hands on.  I collected them off of footstools and kitchen tables, every place I found some bit of information on this crime.  My parents thought I was obsessed.

This preoccupation gnawed at me even after the four killers were tucked away in prison.  I graduated from college and headed for law school but I could find no personal fulfillment in law school so I did what most men in my family have done- I became a police officer.

I carried the manila folder of yellowed newspaper clippings with me when I moved to Nashville, TN and became a violent crime detective.  I would sit and re-read the articles as a young detective.

It puzzled my family.  Why couldn't I file this crime away and move on?

I needed answers.  I needed to know how a crime like this could have been committed in my community.  I needed the truth and how that truth might help me as a detective prevent a crime like this from ever happening again.

So I reached out to the surviving mother, friend of my family.  And she shared everything, including her personal letters she had written to the boys after the murders.

Then I wrote letters to each of the four killers.  And one of them responded and agreed to answer my questions and meet with me so we could better understand this crime.

He eventually wrote the forward to my book.  And the surviving mother allowed me to publish her letters as part of the book.

Yes, I finally wrote a book.  It was originally published ten years ago, coincidentally this coincided with my launch of Safe Hiring Solutions.  However, the original publisher was very difficult to work with and did not make the book readily available.

Then they wanted me to pay them for the rights to my book.  I refused.

But over the years I would receive a large number of calls, emails or social media messages from people looking for the book.   But I was too busy to republish.

Then in October 2013, the Discovery Channel called me and wanted to do a documentary based on my book.  They have a series entitled "Very Bad Men" and wanted the final in the series to be about this crime.

The documentary ran a couple weeks ago.  And I was able to get my book published again, literally hitting Amazon two hours before the documentary aired.

Choking in Fear:  a Memoir of the Hollandsburg Murders is now back on the shelves.

As the Founder & CEO of Safe Hiring Solutions I want you to know that we are not just aggregators of data like much of the background screening industry.  We are focused on safety and security because it is part of my DNA and ingrained in our culture!

Are You Interested in Accurate Background Checks?

accurate background checksThat seems like an odd question to ask.  Can you imagine anyone saying that they are not interested in accurate background checks?

However, I speak with prospective clients every single day who are most interested in speed and cost.  They would accept a fast and cheap background check regardless of the quality.

That is scary.

I will agree that a lot of this is driven by a frantic world that believes that a comprehensive criminal record check can be completed instantly.  But unfortunately, it cannot.  And a background screening industry that is focused more on profit that safety and security.

I made a personal pledge to myself, my staff and the clients we serve that we would not sacrifice quality for speed or being the cheapest provider in the background screening space.  I will admit that it would be very easy to give in and offer a low quality, cheap and instant product.  They are highly profitable and require very little labor.

But that is not who we are.  We are a niche background screening firm that is one hundred percent committed to accurate background checks.

The world is requiring accuracy.  Lawsuits against background screening firms and organizations alike are at an all time high.  And the foundation for almost all of these lawsuits is “inaccurate” information.

Lazy background screening companies that do not want to take the time or spend the money to verify information and determine if the criminal record is your candidate or not.  Criminal record searches that are limited to 7 years (even if not required by state or local laws).

The number of Fair Credit Report Act non-compliance lawsuits is higher than they have ever been.  Quality background screening firms should be committed to the spirit of the federal FCRA.

The EEOC has made it clear that they believe that the proliferation of criminal record checks has placed certain minority groups at a disadvantage.  So they have offered guidance for companies to ensure that you are using criminal background checks in a responsible manner.

There has honestly never been a more critical time for organizations to review their background screening process and make sure they are receiving accurate background checks.  Anything less places your organization at significant legal risk.

If you are interested in reviewing your screening program, please contact us and we will provide a guide that will help you evaluate if you are receiving accurate background checks.

How to Choose a Reputable Background Check Company

reputable background check companyIt was not long ago that we would have been discussing how important it is to conduct background checks on prospective employees, volunteers and even existing employees.  I am not saying that the ship has sailed, but most of you took notice and implemented a background screening program.  Good for you.

Now, we need to evaluate our process and make sure we are with a reputable background check company.  I will try to give you a few pointers to help you with your evaluation.  This might be the most important thing you do as an organization in 2014.

I have probably said this a thousand times, but I will say it another thousand times until everyone understands that the background screening industry is a highly unregulated industry.  There are no standards of care and there is not a standard definition of what constitutes a background check.

Yes, you can argue that the Federal Fair Credit Reporting Act provides regulation for background screening firms.  However, read it carefully.  There are strong consumer protections.  How the Notice and Authorization Form must be constructed.  How you handle adverse information.   A requirement that screening firms have policies that ensure maximum accuracy.

So I would argue that there are regulations for dealing with adverse or negative information.  However, what if there is no adverse information?  What if the searches were so limited that they did not uncover any adverse information?  Does the FCRA provide a best practice guide for conducting a background check?  No.

That is what I mean by there is no standard definition of what constitutes a background check. 

I was speaking with a prospective client recently, an extremely large church with multiple campuses and nearing 10,000 members.  They said they wanted a quote to compare apples to apples against another quote they had received from a background screening firm that primarily serves the church market.

That is generally code for I want to find the cheapest solution.  Dangerous.

When the business administrator mentioned the screening firm, I directed them to the company’s website.  I had him read through their package descriptions.  It said they include “free re-verification” of all criminal records found in the national criminal database.

That sounds a lot like they are doing county criminal searches as part of their package so the prospect would ask why he would pay a couple dollars more per search with us.  However, this is a clever marketing tool that makes churches and ministries think they are receiving comprehensive criminal background checks that include national databases AND county criminal searches (which are critical…read this article).  In reality, the screening firm is selling only a cheap and incomplete database search and on the few occasions that a record is found, they will verify it with the court. 

The problem is that these databases are terribly incomplete and have high a high failure rate even for sex offenders.  These cheap databases only benefit the background screening firm peddling them.  Why?  Because they are extremely profitable.  And you have no idea what you are missing.

It is this lack of transparency that causes so many problems in the background screening industry.  And it is not fair to you as the consumer.  How can you be expected to be an expert on criminal record systems, courts, databases and legal issues?  And now slick marketing is applied to your lack of knowledge on these topics.  Is that what you expect from a screening partner?

Today, it has never been more critical to make sure you are partnered with a reputable background check company.  The safety and security of your organization depends on it.

Do you want to been joined at the hip with a screening firm that enters the relationship by misleading you?  Would you enter a personal relationship with someone who only told you what you wanted to hear?  Who only told half-truths?

That would probably be a recipe for divorce.  And if your screening firm is not being honest and placing profit above your organization’s safety, then you need to file for divorce. 

Selecting a reputable background check company can save you a lot of heart ache (and money in the long run).  Here are four areas that are impacted by making a poor screening firm selection:

1.  Customer Service.  I absolutely hate poor customer service.  My biggest directive as the CEO of Safe Hiring Solutions is that our clients and prospective clients can pick up a phone and call us, call us directly if I am their Client Services Manager, email us and we will respond.  We do not use automated systems.  We know the questions you have need to be answered now so you can make a critical decision.

We love our clients.  We understand that our clients are our business.  We are nothing without them.  I have purchased a fantastic book (we do this quarterly) and EVERY employee at SHS will read it and then we have book meetings in smaller groups to discuss it.  This book is about customer loyalty.

The background screening industry continues to go through mergers and acquisitions.  As these huge, publicly traded companies continue to get bigger and bigger, often the customer service suffers tremendously.

2.  Quality.  The background screening was not founded on a mission to provide high quality background checks.  The industry has acquiesced to the wants and desires of those we are supposed to serve by providing something that is instant and cheap.

I wish I could provide a $9 instant background check for all of our clients and know that we are providing a high quality service that protects your organization.  However, that is NOT possible.  There is no such thing as an instant background check.  They cannot be done.  No matter what you have been told.

Poor quality criminal record checks are perpetrated every single day, thousands of times.  At the far end of the low quality spectrum is the US Department of Justice accusation against a large background screening firm and that they may have conducted some 665,000 “fake background checks between 2008 and 2012.”

The DOJ said, “USIS management devised and executed a scheme to deliberately circumvent contractually required quality reviews of completed background investigations in order to increase the company’s revenues and profits.”

Say what?  This shows how important it is to select the right background screening partner.

3.  Fair Credit Reporting Act.  A reputable background check company will be committed to the integrity of the Fair Credit Reporting Act as well as state and local laws.  Google FCRA lawsuits and you might be shocked at what you find.  Many, many companies being sued because they are out of compliance with the FCRA.  Yes, it is your responsibility to adhere to the FCRA but I feel a moral obligation to make sure we at SHS keep you informed, educated and up-to-date with proper forms and processes that make your compliance a snap.  We are committed to your success.

There have been an increasing number of lawsuits involving background screening firms who are out of compliance with the FCRA.    It is not worth the risk to select a firm because they save you a couple dollars and in the end it costs you millions.

4.  EEOC.  The EEOC has made it clear that they believe the proliferation in criminal record checks is having a disparate impact on some minorities.  They offer very specific guidelines for organizations to ensure they are conducting background checks in a responsible manner.  Have you received this information from your background screening partner?

The bottom line is you are not protected just because you are doing background checks.  Choosing a reputable background check company might be the most important HR decision you make for your organization.

If you are ready to make that move, please contact us.

Do You Know Who is Visiting Your Organization?

Do you know who your visitors are each day? Many organizations have a simple sign-in book for visitors but no technology in place to determine if the visitor is who they say they are or data that tells them who is in their buildings on any given day or time.

SafeVisitor is a robust visitor management program that is being launched to help organizations better log, screen and track visitors, vendors and volunteers.

The following webinar will provide an overview on SafeVisitor.

For more information contact Mike McCarty, mike.mccarty@safehiringsolutions.com  888-215-8296

Cheap Volunteer Background Checks

cheap volunteer background checksHey, don't feel guilty.  Searching for cheap volunteer background checks is normal.

I have yet to work with or sit on a board of a volunteer organization that was not "cash conscious".  That is the nature of most not-for-profits.

So it makes perfect sense that we would apply this same principle to our selection of a background screening company.    Cheaper is always better, right?

Not necessarily.  We should not overpay for a product or service but simply searching for the cheapest volunteer background checks will ultimately place those that you serve at risk.  Is it really worth saving a few dollars while at the same time placing people and your organization at risk?

The big question then is why are cheap volunteer background checks risky?

1.     Not all Background Screening Companies Are The Same.  You have to know that you are comparing apples to apples and not apples to oranges.  You should ask yourself a few questions:

a.     What am I getting for the price? 

b.     Limited search or unlimited? 

c.      Are they searching all names associated with our volunteers?  Are they charging me more fees if my volunteer has more than one name?

d.     Are they using a database or using multiple levels of screening?

e.     What are the security certifications of the screening firm and their online system?

f.       Do they provide easy ways of communicating with customer service when you have questions?

2.     The Background Screening Industry is a Highly Unregulated Industry.  There really are very few regulations on volunteer background checks.  This has given rise to the use of very low quality database products that are often marketed as a  "National Criminal Background Check."

3.     There is No Standard of Care.  The focus is on speed and profit.  You need to find a company that is focused on quality first and speed and well priced secondly.

4.     There is NOT a Complete Instant Criminal Database.  I don't care what a sales rep tells you, there is no such thing as a complete instant criminal database.  The FBI's NCIC is nowhere near complete. So you cannot rely on an instant criminal database search as your background screening program.  It is going to get someone hurt and possibly get you sued.

5.     No Such Thing as A $10 Comprehensive Volunteer Background Check.  I am sorry but you cannot screen your volunteers for $10.  It simply cannot be done correctly. 

6.     Limited Search to 7 Years.  The background screening industry works off a limited 7 year rule.  Unless your state law specific limits the search to 7 years, then there is no reason it should be stopped at 7 years.  Most organizations working with children would want to know if a volunteer candidate had been convicted of raping a child 10 years ago.

7.     Do NOT search Alias Names.  Most background screening firms will either 1) not search alias names; or 2) charge you additional fees for searching other names.  What if your volunteer candidate was recently married or changed their name.  Is it possible they could have criminal records under those names that are not being searched?

A quality volunteer background screening program MUST include the following:

·       Social Security Verification.  This identifies them. Provides any names they have been known by.  And provides address history.

·       National Criminal Database.  Yes, quality screening programs will include a national criminal database.  This is a required solution just not a stand-alone screening program.

·       National Sex Offender Search.  This is a 50 state sex offender registry search. 

·       County Criminal Search.  This is the solution that many background screening firms remove but is the critical component of the screening program. 

I hope this helps you to understand why cheap volunteer background checks are dangerous.  Even though you cannot conduct quality volunteer background checks for $10, you can do this for just a little bit more.  It does not have to break the bank.

Are you ready to start a quality volunteer screening program? 

Click here for more information on implementing a quality screening program.

Do You Want to Automate Your Reference Checks?

Traditional phone-based reference checks are a drain on time and resources.  Days or weeks of unreturned voicemails, long distance calls and the frustration of receiving only “name, rank and serial number” responses.

Reference checking is extremely important.  However, it has become a check list of things to accomplish and generally does not impact the hiring process.

Why? 

1.        Because they take too long and we have to get the position filled.

2.       Because they yield little, if any, quality information on our candidates.

3.       References are interrupted by our phone call, not prepared to sit back and focus and share candidly.

Would you believe that there is a much more cost effective way of conducting high quality reference checks?   And it does not require a telephone or any labor on your part.

How could that be?

automated-reference-check

eReferenceCheck is an automated reference checking platform that will streamline your hiring process.  eReferenceCheck uses competency-based templates that are customizable on a client by client basis or for individual positions.

How does it work? You decide how your want your account setup:

1.       The competency-based template(s). 

2.       How many references you require?

3.       How many of each type of reference.  Former supervisors, peers, etc.

4.       How frequently the system sends reminders to candidates and/or references.

5.       Language in your email templates for candidates and references.

That’s it.  Then all you are required to do is enter the name and email address of your candidates and eReferenceCheck does all the work.

To learn more about how eReferenceCheck can streamline your hiring or volunteer process, join us for a “live” upcoming webinar:

6/18/2013 Automated Reference Checks for Schools Register

6/20/2013 Automated Reference Checks for Volunteers Register

6/24/2013 eReferenceCheck for Business Register

6/25/2013 Automated Reference Checks for Schools Register

6/27/2013 eReferenceCheck for Business Register

If you have questions, contact Mike McCarty at 317-745-6946 or mike.mccarty@safehiringsolutions.com

Warning! Employee Background Checks Can Get You In Big Trouble

employee background checksWe all know that not conducting employee background checks can get us in big trouble.  Sadly, there are still lots of organizations that are not conducing quality background checks and are exposing themselves to risk of harm as well as legal trouble such as negligent hiring and negligent retention.

However, that is not our focus today.

Did you know that conducing employee background checks can get you in big trouble?  Say what?

Background screening exploded in our post 9-11 world as organizations became consumed with safety and security.  We developed a heightened sense of awareness. 

Unfortunately, the background screening industry did not mature and develop into an industry focused on safety and security.  The proliferation of cheap criminal record checks still permeates the industry leaving organizations at risk.

Selecting the right background screening partner is one of the most important decisions an organization can make and should not be based on:

Price.  Quality background screening is not a commodity.  If you are looking for cheap, you will find it.  Comprehensive criminal record checks often cost just a few dollars more so it does not make sense to risk harm to your organization or expose yourself to legal risk to save a few dollars.

      Speed.  Turnaround time is important..  However, if you receive completed reports instantly or in a few hours then you are sacrificing quality for speed.  There is no such thing as an instant background check.

The right screening partner will provide a balance of speed and price without sacrificing quality. 

It has NEVER been more important for organizations to understand how to conduct legally compliant criminal background checks.  These 5 areas pose significant risk for organizations:

·         Negligent Hiring/Retention.  Low quality background checks inherently have high failure rates even for serious felony records.

·         Ban the Box.  Huge movement across the U.S. to disallow criminal history questions on an application.  This is spreading quickly in municipalities and state legislatures.  The foundation for this theory is that ex-offenders are being disenfranchised.  That if they were able to obtain an interview and explain their criminal history that they would be more employable.

·         EEOC.  The EEOC 2012-16 strategic plan focuses specifically on employers use of criminal background checks.  The belief is that the proliferation in background screening is having a disparate impact on certain minorities.  Organizations need to follow a 3 pronged approach:

o   What is the nature & gravity of the crime?

o   How long ago was the crime committed?

o   How does the crime impact the position held or sought?

·         Fair Credit Reporting Act.  Yes, the FCRA applies even if you are NOT conducting credit reports.  The FCRA has very specific requirements and recent lawsuits for non-compliance have been in the millions of dollars.  Simply put, the FCRA requires:

o   Candidates provided a Disclosure Statement AND provide an Authorization (written or electronic)

If taking adverse action based “in whole or part” on the screening report:

o   Pre-Adverse Action Letter, copy of the report and a Summary of Rights Under the FCRA.

o   Adverse Action Letter sent after 5 business days if candidate does not dispute the accuracy of the information.

·         Social Media Background Checks.   How many of you will admit to searching candidates through social media, Google, etc?  The concept is extremely appealing but can be fraught with problems.  Social media background checks can expose an organization to risk of:

o   Discrimination-Seeing protected information like age, race, marital status, etc.

o   Privacy-Yes, even the internet can have a reasonable expectation of privacy since most social media sites require some form of friending.

o   Authenticity-How do you know it is your candidate?  Common name spellings?  How do you know that your candidate is not operating online under an assumed name?

If you are not conducting high quality background checks then you are at risk of missing information, negligent hiring, negligent retention as well as compliance issues related to the FCRA, EEOC, social media and band the box. 

Is saving a few bucks worth all of these headaches?

This is topic is extremely critical to your organization and we simply cannot provide enough time or discussion to adequately cover this in an article.    So join us for a webinar:

·         Tuesday, May 14, 2013- Register

·         Tuesday, May 21, 2013- Register

Background Checks for Churches (Webinar)

Navigating the highly unregulated volunteer background screening industry is extremely challenging for churches and ministries.  The screening industry has been less than transparent about the use of cheap criminal databases that have a high failure rate even for sex offenders.  The following Background Checks for Churches Webinar hosted by Brotherhood Mutual Insurance provides insight on background screening and a perspective on the legal aspects of background screening by BMI attorney Kay Landwehr.

Update on Indiana SB 160 & HB 1160 School Background Checks

I wanted to give you an update on SB 160 and HB 1160, companion bills in the Indiana General Assembly that would remove private vendors as an option for schools conducting background checks. This past Thursday, I testified at the House Education Committee hearing on SB 160.  Rep Jeff Thompson offered an amendment that would strengthen the current law by requiring that all background screening firms would have to meet the definition of a Consumer Reporting Agency under federal law (we do).

The amendment passed overwhelmingly by a vote of 9-2.

Several representatives stated they were influenced by the letters and emails they have received from schools.

Your efforts are working!

We still have HB 1160 in the Senate Homeland Security, Transportation and Veteran Affairs Committee.  We need to contact the members of this committee and ask them to amend HB 1160 like the House Education Committee and allow private vendors to continue to serve Indiana schools.

Here are some key points from the hearing:

  1. The bill is being pushed by  L1 screening solutions, a Boston, MA based-company,who has the exclusive contract with the Indiana State Police to provide fingerprinting services. Right now the state police only works with 10% of schools so the bill would give a private Massachusetts company a 100% monopoly.
  2. State police testified that there is no study done that shows fingerprint background checks are any better than name based background checks.
  3. Rep Arnold mentioned that on another committee they have heard testimony on problems with smaller communities either not sending or very slow to send their criminal data to the state and feds.
  4. No one could answer Rep Todd Huston's question "are we trying to fix a problem that doesn't exist?"

Please contact DJ Weidner dj.weidner@safehiringsolutions.com or Brigitt Klaum brigitt.klaum@safehiringsolutions.com for sample letters that can be edited.

Here is the contact information for the Senate committee members:

Sen. Jim Banks (R-Columbia City)

Email: S17@in.gov

Telephone:         (317) 232-9808        

Legislative Assistant: Ian Hauer

Email: Ihauer@iga.in.gov

Telephone:         (317) 232-9808       

Sen. Vaneta Becker (R-Evansville)

Email: S50@in.gov

Telephone:         (317) 232-9494        

Legislative Assistant: Kristen Tjaden

Email: Ktjaden@iga.in.gov

Telephone:         (317) 232-9494       

Sen. Michael Crider (R-Greenfield)

Email: S28@in.gov

Telephone:         (317) 232-9493        

Legislative Assistant: Brian Rockensuess

Email: Brockens@iga.in.gov

Telephone:         (317) 232-9493       

Sen. James Merritt, Jr. (R-Indianapolis)

Email: S31@in.gov

Telephone:         (317) 232-9533        

Legislative Assistant: Dawna Smith

Email: Dsmith@iga.in.gov

Telephone:         (317) 232-9533       

Sen. Allen Paul

Email: Senator.Paul@iga.in.gov

Telephone:         (317) 232-9533          Sen. Jim Arnold (D-LaPorte) – Ranking Minority Member

Email: S8@in.gov

Telephone:         (317) 232-9441        

Legislative Assistant: Michelle Moody          

Email: mmoody@iga.in.gov

Telephone:         (317) 232-9532       

Sen. Jean Breaux (D-Indianapolis)

Email: S34@in.gov

Telephone:         (317) 546-5136        

Legislative Assistant: Tyler Hempfling

Email: thempfli@iga.in.gov

Telephone:         (317) 232-9534       

Sen. Earline Rogers (D-Gary) 

Email: S3@in.gov

Telephone:         (219) 949-7578        

Legislative Assistant: Tracy Woolbright

Email: twoolbri@iga.in.gov

Telephone:         (317) 232-9491    

Please do not hesitate to email or call if you have questions.

 

Indiana HB 1160/SB 160 School Background Checks Bills

I wanted to give you a quick update and solicit your help on Indiana House Bill 1160 & Senate Bill 160, companion bills that would require schools go through the Indiana State Police and FBI for national background checks.  It would exclude private vendors of which 90% of Indiana schools use a private vendor. There is a critical hearing on SB 160 in the Indiana House Education Committee on Thursday, March 14, 2013 (no time as of yet).

The bills would:

  • Require you to go through the Indiana State Police and FBI. You would not receive a screening report but a letter from the state police that indicates your candidate does or does not have any “disqualifying convictions” under IC 20-28-5-8 (c).
  • The candidate could have felony convictions for theft, stalking, etc.  Or could have misdemeanor convictions.  There are more than 400 misdemeanor and felony crimes in the Indiana code.
  • FCRA allows Safe Hiring and private vendors to report non-convictions for a 7 year period.  Not included in bills.
  • You will not have a screening report to compare against your application.  Now, schools can compare the comprehensive report from Safe Hiring against your application.  If we show a conviction for say public intoxication and the candidate did not disclose it then you might take adverse action based on the dishonesty.
  • Turnaround time for our reports is 3 days.  Schools using current state system proposed in bills indicate 7 days to upwards of 6-9 weeks in August and September.
  • The cost would be significantly more.  We charge $28.  State fee is currently around $45.

What do you need to do?  You need to contact ALL of the following Representatives on the House Education Committee and express your concern with the bill an amendment that would include private vendors.

Please contact DJ Weidner dj.weidner@safehiringsolutions.com or Brigitt Klaum brigitt.klaum@safehiringsolutions.com for sample language or letter.  Toll free 888-215-8296

 

Here is the contact information:

HOUSE - Education Committee

Rep. Robert Behning (R – Indianapolis) - Chairman

Email: H91@in.gov;

Telephone: (317) 232-81

Legislative Assistant: Josh Schlake

Email: jschlake@iga.in.gov;

Telephone: (317) 232-9981

Rep. Rhonda Rhoads (R – Corydon) – Vice Chairman

Email: h70@in.gov;

Telephone: (317) 234-3827

Legislative Assistant: Sam Hyer

Email: shyer@iga.in.gov;

Telephone: (317) 234-3827

Rep. Lloyd Arnold (R – Huntingburg)

Email: H74@in.gov;

Telephone: (317) 232-9833

Legislative Assistant: Blake Weaver

Email:  bweaver@iga.in.gov;

Telephone: (317) 232-9833

Rep. Woody Burton (R – Whiteland)

Email: h58@in.gov;

Telephone: (317) 232-9620

Legislative Assistant: Lex Fay

Email: lfay@iga.in.gov;

Telephone: (317) 232-9620

Rep. Edward Clere (R – New Albany)

Email: h72@in.gov;

Telephone: (317) 232-9648

Legislative Assistant: Matt Elliott

Email: melliott@iga.in.gov;

Telephone: (317) 232-9648

Rep. Dale DeVon (R – Granger)

Email: h5@in.gov;

Telephone: (317) 232-9678

Legislative Assistant: Ben Begines Email: bbegines@iga.in.gov;

Telephone: (317) 232-9678

Rep. Todd Huston (R – Fishers)

Email: h37@in.gov;

Telephone: (317) 234-9380

Legislative Assistant: Joe Jacoby

Email: jjacoby@iga.in.gov;

Telephone:  (317) 234-9380

Rep. Jim Lucas (R – Seymour)

Email: h69@in.gov;

Telephone: (317) 232-9671

Legislative Assistant: Jason Johnson

Email: jjohnson@iga.in.gov;

Telephone: (317) 232-9671

Rep. Jeff Thompson (R – Lizton)

Email: h28@in.gov;

Telephone: (317) 232-9793

Legislative Assistant: Jacob Quinn

Email: jquinn@iga.in.gov;

Telephone: (317) 232-9793

Rep. Vernon Smith (D – Gary) - Ranking Minority Member

Email: h14@in.gov;

Telephone: (219) 980-7120

Legislative Assistant: Anne Hancock

Email:

Telephone: (317) 232-9976

Rep. Kreg Battles (D – Vincennes)

Email: h45@in.gov;

Telephone: (317) 232-9600

Legislative Assistant: Zarah Hileman

Email:

Telephone: (317) 233-5248

Rep. Sue Errington (D – Muncie)

Email: h34@in.gov;

Telephone: (800) 382-9842

Legislative Assistant: Anne Hancock

Email:

Telephone: (317) 232-9976

 

Rep. Shelli VanDenburgh (D – Crown Point)

Email: h19@in.gov;

Telephone: (317) 232-9600

Legislative Assistant: Keri Dattilo

Email:

Telephone: (317) 232-0243

 

 

Accurate Employee Background Checks

employee background checksThere is no bigger issue for the background screening industry in 2013 than providing accurate employee background checks.  This is a paradigm shift because the screening industry has historically provided low quality products and services. Sadly, low quality, cheap, incomplete criminal record checks continue to dominate the volunteer screening market.  Organizations placing children and vulnerable populations at risk because they have been convinced by savvy sales reps that you can conduct a quality volunteer background check for under $10.

Sorry, can’t be done.

Well, that is another article.

The focus on speed and cheap background checks has now impacted the entire employment background screening community.  I have been preaching against this horrible practice since the day I launched Safe Hiring Solutions.  And I will continue to scream and demonstrate that quality volunteer and employee background checks can be done cost effectively.

Here is how the low quality standards that permeate the screening industry have had a negative impact:

  1. Greater scrutiny from the EEOC.  The EEOC 2012-16 strategic plan targets background checks.
  2. More states passing legislation to restrict the use of criminal background checks.
  3. Proliferation in media coverage of cases where inaccurate background checks harmed people.
  4. Lawsuits alleging inaccuracies or not following the FCRA are increasing.  The most recent is a case brought by the federal government against a large background screening firm for not following the requirements of the federal Fair Credit Reporting Act.  The screening firm settled for $2.6 million in 2012
  5. Greater risk to organizations because violent offenders are sneaking through the process.

Technology is a wonderful thing.  It has contributed to quick and affordable quality background checks.  However, no technology can provide an instant background check or a quality background search for $10.

So the key takeaway is accuracy is important.   It should be the #1 question you ask.  Not “how much does this cost.”

The responsible use of employee background checks is important (i.e. no zero tolerance policies).

The federal Fair Credit Reporting Act exists to provide consumer protections.  So it is critical that you understand your obligations under the FCRA.

One of the most important organizational decisions you will make is selecting a screening partner who:

  • Provides the most accurate information available
  • Provides the reports in a timely manner (remember instant is not quality)
  • Is committed to the integrity of the Fair Credit Reporting Act
  • Will help you understand your legal obligations
  • Will help you navigate the myriad of ever-changing federal, state and local laws

If the don’t, you may find yourself in a legal hot seat.