AlphaStaff Webinar Importance of Drug and Background Screening
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Transcript of AlphaStaff Webinar Importance of Drug and Background Screening
800 Corporate Drive, Ste 600 Ft. Lauderdale, FL 33334 | 888.335.9545 Toll-Free | alphastaff.com
2013 Webinar Series:
Importance of Drug & Background Screening
April 18, 2013
Presented by:
Richard Seldon President
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Richard
Seldon
The Importance of Background Checks & Drug Screening
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According to the Workplace Violence Research Institute, negligent hiring costs U.S. businesses in excess of $18 billion annually
Workplace violence is the foremost concern of corporate security directors at Fortune 1000 companies
About 8% of the job applicants that Sterling screens have a criminal record
About 9% of job applicants falsely claim they have a college degree, list false employers, or identify jobs that don't exist
The Wall Street Journal reports that approximately one third of all job applications contain lies regarding experience, education, and the ability to perform essential functions of the job.
Industry Facts
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Confirm that the applicant is accurately representing him / herself
Higher quality applicant pool
Ensure that the person is really qualified for and can perform the job
Lower turnover and recruiting costs
Ensure the person does not pose a threat of harm to co-workers and the public
Reduce theft and embezzlement
Reduce workplace violence and the resulting liability
Reduce legal exposure for negligent hiring and retention
If Background Checking Is Not Required By Law, Why Do It?
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Negligent hiring: the failure to properly screen employees, resulting in the hiring of someone that has a history of violent or criminal acts.
Negligent retention: retaining an employee after the employer became aware of the employee's unsuitability, thereby failing to act on that knowledge
1. A taxicab company was held liable for negligence in hiring a criminally violent driver who raped and robbed a woman in the presence of her two young children.
2. A nursing home was found liable for $235K for the negligent hiring of an unlicensed nurse with numerous prior criminal convictions who assaulted an 80 year old visitor.
3. A security company was liable for the negligent hiring, training, supervision, and assignment of a security guard who aided outside confederates in the theft of $200,000 worth of gold certificates.
4. A furniture company was found liable for $2.5 million for negligent hiring and retention of a deliveryman who savagely attacked a woman customer in her home.
Negligent Hiring / Retention
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Resume / Cover Letter
Employment Application Form
Interview
Conditional Offer of Employment
Drug Test/Background Check
Background Checking should be narrowly tailored to obtain job-related information with respect to the position at issue.
Employment Application Process
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The Society for Human Resource Management states 45% of all resumes contain one major fabrication
A high degree of misinformation involves past employment and the educational background.
Resume / Cover Letter
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Review for legal compliance (e.g., question regarding criminal convictions)
Look for Red Flags in the application process and follow-up on them, e. g., gaps in employment
Have good disclaimer language, including language that false or misleading information constitutes grounds for immediate termination.
Require applicant to complete entire form, and sign and date it (don’t just allow applicants to attach their resume or leave sections blank).
Employment Application Form
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If you offer a position, make sure it is conditional on the successful completion of a background check.
Conduct a drug test and thorough background check tailored to the particular position.
Conditional Offer of Employment
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The job relatedness of the crime
The seriousness of the offense
The date the offense occurred
The person’s age at the time of the offense
Evidence of successful rehabilitation
Factors to Review Before Denying Employment
Criminal Conviction Information
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Equal Employment Opportunity Commission (EEOC)
• The United States Equal Employment Opportunity Commission (EEOC) has ruled that discriminating against felons in the workplace has the same effect as discrimination against blacks and Hispanics and is therefore illegal.
• The ruling means that the EEOC has decided that employers cannot have a blanket policy stating they will not hire convicted felons.
• In September 2009, a class action lawsuit was filed against Freeman Companies, as the EEOC claimed that Freeman used credit histories and criminal background checks to unlawfully deprive blacks and Hispanic job applicants equal employment opportunities.
• In 2005, the EEOC issued informal guidance that said that an employer who uses a blanket policy of not hiring any applicant with a history of arrest or conviction violates Title VII of the Civil Rights Act because such a policy “disproportionately excludes members of certain racial and ethnic groups, unless the employer can demonstrate a business need for use of this criteria.”
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EEOC and PEPSI
• Pepsi Co. agreed to pay a $3.1 Million fine to the Equal Employment Opportunity Commission (EEOC) after it was charged with using criminal background checks to discriminate against potential job applicants.
• The EEOC’s investigation revealed that more than 300 African Americans were adversely
affected when Pepsi applied a criminal background check policy that disproportionately excluded black applicants from permanent employment. Under Pepsi’s former policy, job applicants who had been arrested pending prosecution were not hired for a permanent job even if they had never been convicted of any offense.
• “Pepsi’s former policy also denied employment to applicants from employment who had been
arrested or convicted of certain minor offenses. The use of arrest and conviction records to deny employment can be illegal under Title VII of the Civil Rights Act of 1964, when it is not relevant for the job, because it can limit the employment opportunities of applicants or workers based on their race or ethnicity.”
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Number and List of Accounts
Number of Accounts with Negative Information
Number and List of Accounts that have Placed the Applicant’s Account for Collection
Public Records, such as civil judgments
Total Outstanding Balances
Be Careful Regarding Job-Related Determination
Do Not Use Bankruptcies
The type of information to consider:
Consumer Credit Reports
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Current Status of License
History of Speeding, Reckless Driving, Careless Driving, DUI, DWI,
etc.
All Suspensions and Revocations
Department of Motor Vehicle Reports
The type of information to consider:
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Employment Verification
Dates of Employment
Position
Additional Questions:
Was the employee honest?
Was the employee excessively late or absent?
Is the employee eligible for rehire?
How was the employees overall performance?
Was proper notice given?
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Education Verification
Verification of the applicant’s educational history
We recommend verifying the highest degree attained
Diploma mills – unaccredited institutions that grant illegitimate degrees for a fee
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Sexual Offender Search
Offers an additional measure of protection beyond a criminal conviction search as the offender’s state or county records may be sealed, records may reside in family court, or the original sexual offense may have been reduced to a lesser charge
State Registries
Office of Foreign Asset Control (OFAC)
This search identifies individuals and companies, owned, controlled by, or acting on behalf of countries targeted by US foreign policy as terrorists and narcotics traffickers through information provided by the US Treasury’s Office of Foreign Asset Control (OFAC). These Specially Designated Nationals (SDN) have had their assets blocked, and US citizens are generally prohibited from dealing with them.
The OFAC search contains information from the below sources: Bank of England Sanctions List, Canada OSFI List of Entities/Individuals CIA Chiefs of State and Cabinet Members of Foreign Governments EU Consolidated List of Persons, Groups and Entities, Interpol, FBI Most Wanted Terrorist, OFAC Palestinian Legislative Council List World Bank Debarred Parties And Others
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Applicant’s Name
Jurisdiction
Docket Number
Indictment Number
Arrest Date
Reason for Arrest
Disposition Date
Disposition
Sentence
Criminal Conviction History Search
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Social Security Trace / Address History
Criminal Conviction History Search – Federal, State, County
Consumer Credit Reports
Motor Vehicle Reports
Employment Verification
Education Verification
Sexual Offender Search
Office of Foreign Asset Control (OFAC)
ArrestDirect
Background Checking Options
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Criminal Conviction Searches
• At this time, about 30% of Americans have been arrested by age 23 at least once for something other than a traffic violation.
• In 1965, about 22% of Americans had been apprehended at least once by age 23
• By age 18, about 16% to 27% of teens have been arrested at least once
* Source: Journal of Pediatrics
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International Background Checks
• Every country around the globe has laws and rules that regulate drug testing and background checks
• Drug testing and background checks are becoming more acceptable around the world
• However, the services available are still more limited than in the United States
• The cost is much greater to do drug tests and background checks
• The turnaround time to complete the work is much slower than in the United States
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The Fair Credit Reporting Act (FCRA) directly affects an employer’s ability to obtain background information on applicants and current employees through contracts with third-party Consumer Reporting Agencies (CRA)
Organizations such as Sterling that conduct background checks are Consumer Reporting Agencies
The FCRA regulates the circumstances under which employers can use CRAs to obtain background information and to rely on that information to make employment decisions
If you use an outside vendor, you must comply with the Fair Credit Reporting Act
FCRA and Compliance Procedures Required By FCRA For Users Of Reports
Consent And Disclosure Pre-Adverse Action Adverse Action
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All State Consent and Disclosure
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In the Pre-Adverse Action Notice, the employer must reveal the disqualifying information received from the Consumer Reporting Agency.
Include with this notice a copy of the report and notice of rights as required by Fair Credit Reporting Act.
Give a short but reasonable period of time to provide information that would explain the discrepancy, omission or misrepresentation.
If the employee is unable to do so, take adverse action.
Pre and Post Adverse Action
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Some states have fair credit reporting laws that have more stringent requirements than the FCRA (e.g., California).
States have other laws that also limit the use of information you can obtain and how to use it once it is obtained (e.g., New York, criminal convictions and arrest records)
State Laws Create Additional Compliance Issues
More than three-quarters (76.4%) of all illicit drug users 18 and
older are employed full or part time… that's approximately 16% of the working population (full- and part-time workers combined).
The federal government reported that drug abusing employees, when compared to non-using workers, are:
1. More likely to change jobs frequently
2. More likely to be absent from work
3. More likely to be involved in a workplace accident
Drug Testing
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Why Enforce a Drug Free Workplace?
About 3% of the drug tests that Sterling administers for their clients are positive
1 out of 12 US households surveyed admit to using illegal drugs in the past 30 days
20.2 million Americans over the age of 18 use illicit drugs
Prescription drugs are abused by 7.0 million Americans
Marijuana is abused by 17.4 million Americans
Cocaine is abused by 1.5 million Americans
Drug testing is a deterrent – fewer drug users apply at companies with a drug testing program
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Cannabinoids (THC)
Cocaine
Amphetamines
Opiates
Phencyclidine (PCP)
Barbiturates
Benzodiazepines
Methadone
Propoxyphene
Most Drug Tests Screen for the Following Drugs:
Pre-Employment Substance Abuse Testing
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Conclusion
Questions?
Thoughts?
Napping?
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Contact Us ! • .
Copies of the presentation [email protected] 888-335-9545 (Option 8)
Upcoming AlphaStaff Webinars
Please mark your calendars !!!
Date: Thursday, May 16, 2013 Topic: Worker's Comp. Claims Reporting
Date: Thursday, May 30, 2013
Topic: Recent NLRB Rulings and Their Impact on Non-Union Employers
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Thank you for your time!
Questions?