Background Screening: Quality Decision Making Through Individualized Assesment


The Basic Truths About Background Screening:Quality Decisions though Individualized Assessment

2

Trak-1 is an Accredited Member of NAPBS


Your Host: Rick ColtmanDirector of Strategic Marketing and Alliances, Trak-1 Technology, Inc.

• Please Post Any Questions or Comments You Have in the Comments Section.

• Want Further Information or Have Additional Questions? Contact Trak-1 at [email protected]

• Hopefully You Find this Webinar Informative! Please Join Us for Each Webinar at http://trak-1.com/webinar

Your Presenter: Matt GrahamVP of Operations, Trak-1

Technology, Inc.

mailto:[email protected]

http://trak-1.com/webinar


Over the Last Five Years, Hiring Managers Have Sought to “Eliminate Discrimination”

by Treating Every Applicant Exactly the Same


Same Process, Same Screening, Same Standards

for Decision Making

“”


No More “Bright-Line” Rules

You Can’t Work Here If You Have A Criminal Conviction

On Your Record ”

“


EEOC Revises Enforcement Guidance• April 25, 2012 (last updated over 20 years ago)• Interprets Title VII of Civil Rights Act, ADA, ADEA,

GINA, EPA• Starts from the premise that using criminal records in

employment decisions, absent additional considerations, has a disparate impact

www.eeoc.gov/laws/guidance/arrest_conviction.cfm


Factors to Consider

• The nature and gravity of the offense(s)• The time that has passed since

conviction/sentence• The nature of the position held/sought

AND….


Individualized Assessment

• Evidence that the individual performed the same type of work, post conviction with the same or a different employer, with no known incidents of criminal conduct

• The length and consistency of employment history before and after the offense or conduct

• Rehabilitation efforts, e.g., education/training



• Employment or character references and any other information regarding fitness for the particular position

• Whether the individual is bonded under a federal, state, or local bonding program.



• The facts or circumstances surrounding the offense or conduct

• The number of offenses for which the individual was convicted

• Older age at the time of conviction, or release from prison


EEOC Best Practices

• Eliminate policies or practices that exclude people from employment based on any criminal record

• Develop a narrowly tailored written policy and procedures for screening for criminal records


EEOC Best Practices

• Identify Essential Job Requirements And The Actual Circumstances Under Which The Jobs Are Performed

• Determine The Specific Offenses That May Demonstrate Unfitness For Performing Such Jobs

• Determine The Duration Of Exclusions For Criminal Conduct Based On All Available Evidence


EEOC Best Practices• Record The Justification For The Policy And

Procedures• Note And Keep A Record Of Consultations And

Research Considered In Crafting The Policy And Procedures

• Train Managers, Hiring Officials, And Decision-makers About Title VII And Its Prohibition On Employment Discrimination


Application of EEOC Guidance

• BMW Case– Employees With Long-standing History Of

Success With The Company Were Not Retained When A Subsequent Background Check Turned Up A Criminal Past


Application of EEOC Guidance

• Dollar General Case– One Applicant Denied A Cashier Position

Because Of 6 Year Old Drug Conviction In Spite Of Previous Position With Another Discount Retailer As A Cashier-stocker For Four Years

– Another Applicant Advised Store Manager Of An Incorrect Background Check Report But Company Refused To Hire Anyway


Take Away Points• Change Your Application• No “Bright-line” Rules• Customize Your Screening Based on The

Functions of The Positions• Adjust Decision Criteria• Make Screening Part of a Conditional Job Offer


18

18

Coming Up Next…

Going Deeper in Background Screening

1.800.600.8999 www.trak-1.com

Contact Nancy Roberts directly or talk with Trak-1’s FCRA certified screening professionals and begin – Ruling In The Right People!

Background Screening: Quality Decision Making Through Individualized Assesment

Recruiting & HR

Transcript of Background Screening: Quality Decision Making Through Individualized Assesment