employers-reference-source

Background Screening Compliance: What Does That Mean For Your Business?

Mon, 21 Nov 2022 14:00:10 GMT

In addition to many state and local requirements, a number of federal policies govern how, when, and why businesses and organizations may conduct background screenings and use those results. While professional screening firms should perform background checks in full compliance with relevant legislation, individual employers must use their discretion to ensure their resulting hiring decisions are not in violation of these laws.

What Laws Affect Employer Background Screenings?

A network of federal, state, and local laws, including those enforced by the EEOC , Ban the Box , and " clean slate " legislation, combine to protect American workers from discriminatory hiring and employment practices . While these laws are not typically burdensome for employers, they do specify acceptable relationships between background screenings and hiring decisions, including:

When background screenings can be performed
Choosing who is screened
What information can be sought in screenings
Informing and obtaining consent from employees and candidates about screenings
How screening results may be used, particularly when taking adverse action

Fair Credit Reporting Act (FCRA)

Because background screening for employment and other purposes is treated as a consumer report, FCRA protection guidelines apply in the same way they would for credit checks.

Freedom of Information Act (FOIA)

Employment records in the public sector are among those that may be accessible via FOIA requests, however, details considered an "invasion of privacy" are exempted from FOIA eligibility.

Americans with Disabilities Act (ADA)

Nearly everyone is familiar with the protections and requirements outlined in the ADA to prevent discrimination and enable accommodations for workers with disabilities, including in hiring decisions.

Drivers Privacy Protection Act (DPPA)

Under the DPPA , employers may only request details from drivers' records under limited circumstances, generally requiring written permission from employees or job candidates to do so.

The Privacy Act of 1974

Military service records are among those protected by the Privacy Act , which primarily concerns personally identifiable information in government records.

Legally Compliant Background Screenings with Employers Reference Source, Inc.

Because failure to comply with laws and regulations related to employment background screenings can open employers to substantial liability, working with a professional background screening partner is a responsible business decision. We've helped employers make better hiring decisions for over 30 years with expert background check solutions. Contact us today to learn more.

California Senate Bill 1262 Vetoed: Background Check Delays Expected

Fri, 11 Nov 2022 14:00:03 GMT

Quickly and correctly identifying the subject of a background check in public records, typically using birthdates and driver's license numbers, is essential to accurately performing these important screenings in a timely manner. Equally important is protecting individuals' rights to privacy and protection from discrimination, including as a result of criminal background checks . Recent court cases and laws, including Ban the Box and " clean slate " legislation have altered the background screening process in California and other jurisdictions.

What Is California Senate Bill 1262?

A 2021 California court decision ( All of Us or None v. Hamrick ) essentially blocked the ability to filter court records by birthdates or driver's license numbers, with no exceptions for approved and otherwise compliant background screenings. Limiting these search criteria complicates and delays background check process including by:

Making it more challenging to correctly identify individuals with common names in court records
Making it possible to incorrectly identify individuals with identical names in court records
Slowing down the screening process, particularly for common names in areas with large populations

These delays affect not only employers but also employees who must wait for hiring decisions while background checks are delayed.

California Senate Bill 1262 was introduced in an effort to alleviate these issues by overriding the All of Us or None v. Hamrick decision and returning birthdates and driver's license numbers as searchable fields in California court records

Why Did Governor Newsom Veto SB1262?

Governor Newsom vetoed Senate Bill 1262, arguing that while "this bill may provide for a more convenient process for companies conducting commercial background checks, it would also allow any member of the public to easily access individuals' sensitive personal information online."

How Will the Veto Affect California Background Checks?

Until new legislation or court record filtering options are realized, many background checks which involve California court records will inevitably be delayed.

At Employers Reference Source, Inc., we have over 30 years of experience providing our customers with timely, professional background checks, typically within 24-72 hours . Please contact us today to take advantage of our full suite of screening and employment solutions.

Why Background Checks Matter in the Gig Economy

Tue, 01 Nov 2022 13:00:10 GMT

Whether it's called the gig economy, on-demand work, freelancing, or something else, non-traditional employees are challenging traditional hiring structures, and many employers are scrambling to ensure HR policies and procedures to accommodate these changing patterns of work. Deciding when and how to perform background checks for these often transient or temporary employees is an important concern.

What Does Gig Economy Mean?

The gig economy complements traditional employment structures with freelancers or independent contractors whose work is typically coordinated or fully completed online. Hallmarks of the gig economy are flexibility and adaptability for both employers and their gig workers. These varied jobs can include everything from delivery and rideshare drivers to writers, editors, digital assistants, tutors, and personal trainers.

Different Background Checks for Different Gig Workers

As an employer, hiring gig workers comes with changes to traditional hiring processes. While employment verifications (I-9s) aren't required for gig workers, job candidates must still be approved for hiring. Part of that approval process, especially for certain types of gig work, should include background checks , including:

Driving Record Screenings . Many gig jobs involve delivery, driving, and rideshare services, often with direct customer contact. Checking driving records is a safeguard against reckless or unsafe drivers.
Criminal Background Checks . Gig workers who will be in customers' homes, such as handymen, healthcare workers, and cleaners, as well as those with passengers should all be checked for criminal activity to improve safety.
Social Media Screening . Professional social media screenings are an effective way to check for red flags, such as hate speech, violence, or other undesirable characteristics, and are suitable for all gig workers.
Drug Screening . Gig workers, especially those who may work on longer-term projects, or those in jobs with additional safety concerns, should be subject to the same drug screening requirements and policies as traditional employees.
Additional background screenings should be considered to suit individual job and company needs .

Background checks for gig workers must be performed in compliance with all of the privacy and employee protections provided for traditional employees, including the Fair Credit Reporting Act , and the Drivers Privacy Protection Act .

Solutions for Gig Workers from Employers Reference Source, Inc.

At Employers Reference Source, Inc., we've provided employers with speedy, professional background screening services for over 30 years, for traditional and gig workers alike. Contact us today to take advantage of our complete screening and hiring solutions .

Employers: Continue Using Existing Form I-9 After October 31, 2022

Wed, 19 Oct 2022 13:44:06 GMT

The Employment Eligibility Verification (I-9) form is a required step for employers to complete as part of ensuring they hire individuals who are legitimately able to work for them in the United States. The Citizenship and Immigration Services (USCIS) Agency updates the form periodically, typically to adjust requirements or procedures. New versions are issued with an expiration date, after which employers must use the new I-9 version.

The current version is scheduled to expire on October 31, 2022, but because proposed changes have not yet been finalized, the USCIS just announced that employers should continue using the current form . An additional announcement will be made in the Federal Register indicating the new version is available.

I-9 Requirements for Employers

Because the I-9 form is such an important component of ensuring legal employment , employers must follow strict guidelines about completing and maintaining these forms. These include:

Verification of approved documentation of eligibility
Using the current version of the I-9 form
Recertification and record retention according to relevant guidelines

Can Employers Use Expired I-9 Forms?

Part of I-9 compliance includes respecting the dates on which these forms expire. Employers should stop using forms at their expiration date, and begin using new versions, unless guidance is issued directing otherwise (as in this case). Employers do not need to recertify workers who have already been deemed eligible for work solely as a result of passing the form expiration date.

Simplifying I-9 Compliance with Employers Reference Source, Inc.

Electronic I-9 and E-Verify from Employers Reference Source, Inc. can manage the entire employment verification process, including in situations where using the E-Verify system is mandatory . Our professional team has decades of experience with I-9 compliance services that complement our full suite of background check solutions. Contact us today to learn more about how our employment and screening services can streamline your hiring process.

Top 6 Things to Learn From Social Media Screenings

Tue, 11 Oct 2022 13:00:01 GMT

Hiring managers face increasing challenges in evaluating potential hires, especially as remote interviews and rapid turnover make it harder to thoroughly evaluate candidates. Complementing more traditional background checking options , social media screenings offer a less formal but equally valuable insight into both current and future employees.

Top 6 Things to Learn From Social Media Screenings

Professional social media screenings can provide employers with additional details about job candidates and current employees, enabling early warnings of problematic behaviors or other concerns. These screenings can reveal important information for employers in any industry , though healthcare, transportation, and other industries where positions involve high levels of trust, stress, or contact with vulnerable populations may find social media reviews most helpful.

1. Red Flag: Illegal Activities

Screening social media postings may alert employers to such undesirable activities as illicit drug use or criminal behavior that a criminal background check may not be able to identify.

2. Red Flag: Violent Behavior

Antisocial, violent, or overly aggressive behavior may indicate an increased risk for workplace violence. Early awareness may be helpful in deterring problems and getting employees the help they may need.

3. Red Flag: Hate Speech & Intolerant Views

Sexism, derogatory speech, racism, hate speech, and other illustrations of intolerance are common red flags on social media accounts and can warn employers of potential problems.

4. Red Flag: Sexually Explicit Content

Job candidates or employees who post or engage with explicit content on social media may indicate individuals requiring additional review, particularly for positions involving unsupervised contact with children, the ill, elderly, disabled, or other populations at greater risk of abuse.

5. Red Flag: Unprofessional or Inappropriate Workplace Behavior

Current or potential employees who post about improper behavior at work, such as pocketing supplies, inappropriate use of work equipment, or other undesirable actions should raise red flags for employers. Individuals who frequently make disparaging or inappropriate comments about colleagues and supervisors also merit a further look.

6. How to Screen Candidates' Social Media Accounts Responsibly

Because casual social media reviews can misidentify individuals and expose protected information (such as age, disability status, religious orientation, etc.), social media screenings must be done following relevant privacy guidelines to help ensure workers are treated fairly and employer liability is reduced.

Professional Social Media Screenings with Employers Reference Source, Inc.

At Employers Reference Source, Inc., our professional social media screenings and other background check solutions are designed to inform hiring and employment decisions while ensuring results comply with applicable laws and regulations. Contact us for expert background check services, generally with a 48-hour or shorter turnaround.

7 Common Questions About Drug Screening in the Workplace

Sat, 01 Oct 2022 13:00:00 GMT

In a frequently changing landscape of legal requirements, corporate policies, and a hodgepodge of laws at federal, state, and local levels, it can be challenging to know where things stand on allowable drug screening processes. Here are answers to some common questions on the topic.

Q: Can Employers Require Pre-Employment Drug Screening?

Yes, employers can require drug screening and job offers may be contingent on passing the screening.

Q: Can Employers Select Employees for Drug Screenings?

Screening for current employees typically requires some indication that performance or safety may be at risk or a pattern of risky employee behavior (so-called For Cause or Reasonable Suspicion testing). Drug testing may also be included as part of an annual physical exam.

Q: Is Random Drug Testing of Employees Allowed?

Yes, employers may require random drug testing, but it must be applied fairly and without prejudice.

Q: Must Employees Be Informed about Drug Screening?

Yes, employees must be informed that drug testing will be required and performed in whatever capacity an employer chooses, in compliance with all privacy and worker protection legislation. Clear drug screening policies and procedures are the best way to ensure compliance for employers and employees.

Q: What If an Employee Refuses Drug Screening?

Employees may decline to participate in drug screening for legitimate concerns or unlawful use. Options for handling these refusals depend on a variety of factors and require careful review of relevant policies and legislation.

Q: What About Testing for Marijuana Use?

Varying, often conflicting legislation at federal, state, and local levels regarding legalized marijuana use presents a considerable challenge for employers, their HR departments, and employees. With persuasive arguments both for and against testing for marijuana use , companies should invest time and effort into determining appropriate screening policies based on their needs, jurisdictional legislation, and other considerations.

Q: Can an Employee Be Fired for Failing a Drug Test?

Yes, employees can be fired for failing a drug screening. However, drug screening processes and responses to positive results must be in compliance with relevant legislation, including disability protections and other worker safeguards.

At Employers Reference Source, Inc., our drug screening services are designed to meet the specific needs of each of our clients. Contact us today to learn more about our drug testing solutions and other employee background screening services .

Is E-Verify Mandatory in Your State?

Thu, 22 Sep 2022 13:00:02 GMT

Since the mid-1980s, the Employment Eligibility Verification Form (commonly known as the I-9) has been required by the United States government to ensure employees are authorized to work here and to verify their identities. The E-Verify process is designed to identify any mismatches between I-9 form information and other records to help reduce the number of unauthorized or undocumented workers. Failure to comply with federal I-9 documentation regulations can expose an employer to fines of up to $5,500 per ineligible worker and other penalties .

What Is E-Verify?

The E-Verify system is an online system with the US Department of Homeland Security (DHS) that rapidly compares employers' I-9 data with other government records from such agencies as the DHS and the Social Security Administration to determine each employee's eligibility to work in the US. Results are generally provided immediately, indicating whether an employee is authorized or not. In some cases, further investigation is needed and additional details may be required to complete the verification process.

Is E-Verify Mandatory in Your State?

Federal law requires the use of E-Verify for employers who are federal contractors or vendors. Currently, 22 states mandate E-Verify use for at least some employers and some categories of employees. Many states only require E-Verify for new hires after a given date, and only for public employers. States which currently have enacted some legislation concerning E-Verify are:

Alabama
Arizona
Colorado
Florida
Georgia
Idaho
Indiana
Louisiana
Michigan
Minnesota
Mississippi
Missouri
Nebraska
North Carolina
Oklahoma
Pennsylvania
South Carolina
Tennessee
Texas
Utah
Virginia
West Virginia

At Employers Reference Source, Inc., our electronic I-9 and E-Verify services can simplify this process for your organization, turning a cumbersome hiring task into a fast and easy process that is seamless and fully compliant with all laws and regulations. Contact us today to explore our full suite of employee background checks and other hiring and retention tools .

The Biggest Hiring Challenges in 2022

Sun, 11 Sep 2022 13:00:00 GMT

A recent survey conducted by Ogletree Deakins indicates what is probably no surprise to many employers — hiring and retention represent the biggest challenge employers currently face. While background checks won't necessarily make your employees more satisfied, they can make you more satisfied with your employees.

What Are Employers' Biggest Hiring Challenges?

While dozens of factors contribute to difficulties in hiring and retention, most employees cite pay, job satisfaction, flexibility, safety, and work-life balance as primary influences. Survey results indicate the most common employer responses are increasing pay, providing hiring and retention bonuses, and improving benefits and wellness offerings.

How Background Checks Promote Employee Retention

A small percentage of employers (around 16% of respondents) report relaxing or eliminating background screenings, pre-employment drug testing, and educational requirements. While these solutions may yield short-term results, they are unlikely to develop an effective workforce for most organizations. Rather than eliminating employee screenings, more effective use of screening tools may help to ease the challenges of hiring and retention, such as:

Select screenings best suited to your industry and requirements.
Achieve better fits for your team or company culture with reference checks and social media screening to help choose candidates who most likely mesh with your current team, and to catch potential red flags.
Utilize education and credential verifications to better predict performance and effective hiring choices.
Take advantage of criminal , drug , and social media screenings to improve workplace safety and employee satisfaction.

Adhering to the Fair Credit Reporting Act (FCRA) & Other Laws

Many employers are concerned about making sure their background checks, especially if performed in-house, are in compliance with the FCRA , " Clean Slate ", and other applicable laws. These are important concerns, and failure to abide by these regulations can expose your organization to liability. Working with an experienced, professional background screening company can simplify the process and ensure legal compliance, freeing your hiring team for other tasks.

At Employers Reference Source, Inc., our expert screening services are designed to help you choose, hire, and keep the best possible employees. Contact us today to explore our full range of background checks and employment tools and services.

How’s the Latest Job Report Looking?

Thu, 01 Sep 2022 13:00:09 GMT

Between the Great Resignation and news about the economy in general, it may feel like employment in the US is on the downturn. The latest job report says otherwise, indicating a continuing pattern of steady growth. That's great news for workers, but if you're reading this, you probably know that almost anyone involved in the hiring process is overwhelmed . If turnover and retention are issues for your company, optimizing your hiring efforts with selected employee background checks can improve your results.

Employment by Industry

Every industry segment called out in the job report indicates added jobs since the last report. Among those with greatest recent job growth are:

Healthcare — with 70,000 new jobs, particularly in ambulatory healthcare and hospitals
Leisure & Hospitality — 96,000 new jobs, with a resurgence in restaurants and bars
Professional & Business Services — an increase of 89,000 jobs, mostly in management, engineering and architectural services

Typically challenging industries for hiring and retention also saw growth, including:

Construction — 32,000 new jobs, with nearly 70% of those as specialty trade contractors
Manufacturing — adding 30,000 jobs, mostly in durable goods production, though also the only sub-category in the report reflecting a loss — auto parts manufacturing jobs were down about 2,200
Retail — only 22,000 new jobs added, though substantially higher than in early 2020

How Background Checks Help Employment Increases

Finding the right employees to match your needs, and avoiding problematic hires can, of course, greatly reduce turnover. Many types of background checks can make this a much easier process, easing the burden on hiring managers, including:

Criminal , Driving Record , and Drug screenings to help meet safety and compliance needs
Verifications to authenticate credentials, education & training, and experience
Reference Checks & Social Media Screenings to help show work ethic and personalities

At Employers Reference Source, Inc., our expert team has been helping employers with industry-leading background screening services since 1990. Contact us today for rapid results (most within 24-48 hours) for all of your background check needs.

Ban the Box: When Are Criminal Background Checks Legal?

Mon, 22 Aug 2022 13:00:12 GMT

Criminal background checks can be an important part of ensuring worker and customer safety , as well as protecting your business and reducing your liability . Federal, state, and local laws, however, including "ban the box" legislation, restrict when and how that information can be gathered and when it can be used in relation to hiring and employment decisions.

What Does "Ban the Box" Mean?

" Ban the Box" policies refer to the common application checkbox where candidates indicate whether they have a criminal history. Because most applications are immediately rejected when the "yes" box is checked, many qualified future employees may be unfairly excluded from consideration. Removing this question from the initial application process, particularly in conjunction with " Clean Slate " policies, can help level the playing field and encourage a more equitable review of applicants.

When Can I Request a Criminal Background Check?

O f course, criminal background checks remain an essential part of reviewing candidates for many positions, particularly those which require contact with vulnerable populations or handling of financial or sensitive information. "Ban the Box" legislation does not prohibit employers from requesting background checks. Instead, these laws address when in the hiring process a criminal background check may be requested—typically after a first interview or a conditional job offer.

Who Has Ban the Box Laws?

The majority of states (currently 37) have "Ban the Box" laws in place, with additional legislation at county and city levels in many areas. Employers subject to these laws vary by jurisdiction, but often include either all organizations, only public or private entities, or those with a particular threshold of employees (10, 15, 20 or more). For example, Maryland's statewide Ban the Box law applies to employers with 15 or more full-time employees, but Baltimore's local legislation expands policy to include those with 10 or more employees. States which currently have Ban the Box laws are:

Alabama (local only)
Arizona
Arkansas (local only)
California
Connecticut
Florida (local only)
Hawaii
Illinois
Indiana
Iowa (local only)
Kentucky
Maryland
Massachusetts
Minnesota
Missouri
Nevada
New Jersey
New York
North Dakota
Oregon
Pennsyl vania
Rhode Island
South Carolina (local only)
Tennessee
Texas (local only)
Utah
Vermont
Washington
Washington, DC
Wisconsin

Criminal and Background Screenings with Employers Reference Source, Inc.

At Employers Reference Source, Inc., our background screenings , including criminal record checks, are in full compliance with applicable laws and regulations. Providing quality screenings and employment services since 1990, our expert team offers quality results, typically in 24-48 hours , with no minimums required. Contact us today to improve your hiring process with our professional screening services.

Which Background Screenings Are Right For Your Business?

Thu, 11 Aug 2022 13:00:01 GMT

Screenings can offer a deeper look into current and potential employees, and can help protect you from claims of negligent hiring or retention , and other liabilities. Ensuring the best, most effective, and smoothly functioning workforce is vital to your business success, and selecting the most important screenings for your industry can improve the ease and quality of your hiring decisions.

Choosing Background Screenings

W hile almost any industry can benefit from each type of background screening, some are more suited to particular industries. Here are some of our suggestions for selecting some of our most popular screening services for your specific needs.

Criminal Screenings

A criminal screening can reveal arrests and convictions with details depending on jurisdiction, applicable regulations, and " clean slate " law status. They are especially useful for:

Healthcare, Education, and other industries where employees are directly involved with vulnerable populations
Financial, Government, and any industries handling money and/or confidential or restricted information

Driving Record Screenings

Checking driving records for future and current employees can identify individuals with a history of reckless or impaired driving, subject to the limitations of the Drivers Privacy Protection Act . These screenings are most useful for:

Transportation jobs, especially when carrying passengers
Couriers, Hauling, and other industries requiring safe transport of goods
Any positions requiring driving, particularly using a company vehicle

Social Media Screenings

Reviewing employees' and candidates' social media presence can help you better understand a person's character and may suggest red flag behaviors or attitudes including hate, intolerance, or violence . Professional social media screenings can be most useful for:

Government or finance industries handling sensitive or confidential materials
Healthcare, transportation, and others with potentially stressful public contact

Verification Services & Reference Checks

Employment, academic, and other verifications ensure the accuracy of details provided in résumés and interviews. Professional and personal reference checks can provide a deeper, more nuanced look at candidates. These types of screenings are most useful for:

Technical, Engineering, Legal, Healthcare, and other industries where specific knowledge and skills is extremely critical to safe job performance
Industries where an individual's knowledge and skills directly reflect your company's reputation
Positions in which a specific personality and work style may be required to mesh with a team or project

Drug Screenings

Whether they are us ed to meet regulatory compliance requirements, enhance safety, or limit liability, drug screenings are one of our most common screenings. They are most commonly used by:

Transportation and logistics, typically for compliance purposes
Healthcare, pharmaceutical, and security industries with often greater access to controlled substances
Manufacturing and Construction which pose higher risks to workers

Background Screenings with Employers Reference Source, Inc.

No matter your industry, background screenings offer a variety of benefits for analyzing both current and prospective employees. At Employers Reference Source, Inc., our expert team has the knowledge and experience to provide the information you need. Contact us today to improve and simplify your hiring decisions and processes with our screening and employment solutions.

Ensuring Your Employees Are Safe Behind the Wheel

Mon, 01 Aug 2022 13:00:30 GMT

Jobs involving driving carry with them a variety of hazards. Drivers and passengers alike are at risk with accidents, as are other drivers on the road. Valuable assets, including cargo and vehicles can also be damaged or ruined as the result of unsafe driving and accidents. One of the most effective ways to reduce these risks is to ensure you hire and retain safe drivers.

What Is a Driving Record Screening?

A driving record screening is a review of an individual's history behind the wheel. While each state allows different details to be collected in a screening, they typically include:

Driver's license information and status, including permitted classes and any endorsements
Violations and accidents
Restrictions or suspensions
Convictions for vehicular crimes, including DUIs

Why Are Driving Record Screenings Important?

Driving record screenings are especially needed when an employee will be transporting people or particularly valuable or sensitive materials, but are important for any employee who will use a vehicle in any work-related capacity. These screenings benefit you and your employees by:

Enabling you to hire the safest drivers
Helping protect your company from claims of negligent hiring or retention
Promoting compliance with regulations, particularly for transporting passengers
Providing important details other screenings may not include — for example, in some states, DUI convictions are not included in criminal background checks
Reducing your insurance rates
Improving corporate morale and reputation

Using Care with Driving Record Screening Results

As with any screening information, employers must be careful to be in compliance with the Drivers Privacy Protection Act and other federal, state, and local regulations, particularly when hiring decisions are based on any negative information discovered through background checks.

At Employers Reference Source, Inc., driving record screenings are just one of the many solutions we provide to help you hire and maintain the best, safest workforce possible. Contact us today to take advantage of our expert screening services.

Deterring Workplace Violence With Background Screenings

Thu, 21 Jul 2022 13:00:07 GMT

Ensuring a safe working environment is a vital component of an employer's responsibilities to both workers and customers. Rather than adopting a reactive approach, most employers choose a proactive, preventive approach, aiming to identify potential issues with workers before they can create larger prob lems. One of the most effective tools employers can use in these efforts are selected background and behavioral screenings .

Why Background Screening Is Important

According to OSHA , workplace violence is "any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site." A recent survey found that more than half of American workers reported jobs as causing most of their mental health concerns. Finding ways to address risk factors is critical to workplace safety and for employers to protect themselves from claims of negligent hiring or retention . The National Institute for Occupational Safety and Health recommends "job applicants are properly and thoroughly evaluated by means of background checks and reference verification".

The Findings of Specific Screenings

Because workplace violence can encompass everything from physical violence to threatening behavior, a range of screenings is most effective for identifying potential problems with both job applicants and active employees . Background screenings can help employers prevent problems from the start and connect current employees with the help they may need. Three screenings we particularly recommend are:

Criminal Background

Results of criminal background screenings can identify past violent behavior and other concerning illegal activity.

Social Media Screening

A review of social media activity can help identify individuals who may lean toward violence, hostility, intolerance, or seem to have anger issues — all red flags for potential workplace violence.

Drug Screening

Illicit drug use can trigger a wide range of hostile or violent behavior, self-harming, and other concerns. Drug screenings can help employers spot potential issues with drug use before they can cause workplace problems.

At Employers Reference Source, Inc., our accurate, effective background screening services can help employers create a safer workplace in full compliance with all applicable laws and regulations. Contact us today to take advantage of our many screening and hiring solutions.

Is Social Media Screening Right For Your Business?

Mon, 11 Jul 2022 13:00:05 GMT

Employers face an ever-growing array of options for investigating and identifying suitable job candidates. In addition to standard background checks , social media screenings have become an increasingly popular tool to explore candidates beyond how they present themselves in applications and interviews.

What Is Social Media Screening?

As they sound, social media screenings involve a review of a candidate's postings on social media platforms, such as Facebook, Twitter, YouTube, and Instagram. Reviewers are typically checking for activity or postings that may indicate a potential hire is not a good fit, such as illegal activities or a history of violent behavior which may not be caught by other background screenings. Employers reviewing social media should proceed with caution or hire a reputable screening service to reduce the risk of acting, however unintentionally, on any protected information about job candidates.

What Industries Benefit From Social Media Screening?

While any industry may benefit from social media screening , some will find it more useful than others, particularly those which involve sensitive or confidential information, dealing with the public or potentially unhappy customers, high-stress positions, jobs involving driving or transportation, medicine and healthcare, and positions of tru st.

Social Media Screening Red Flags

Social media screenings can reveal a lot about a job candidate's personality, interests, and other details which may be of interest. Information we include in social media screenings, which may be more important in selecting appropriate job candidates, can include evidence of:

Violent behavior — especially risky for coworkers and vulnerable populations such as children, the elderly, disabled, and ill
Illegal activities such as illicit drug use — may indicate a risk in positions involving driving, direct customer interactions, and positions requiring handling of sensitive, confidential, or financial information
Racism, sexism, or other intolerant views — can be a poor fit for most organizations, particularly those with a diverse clientele
Sexually explicit material — may indicate an inappropriate candidate for positions involving one-on-one contact with customers, particularly children

A t Employers Reference Source, Inc., our goal is to provide you with accurate, reliable information to inform your hiring decisions, in full compliance with applicable laws and regulations. Contact us today to learn more about how your business can benefit from our many years of experience.

How “Clean Slate” Laws Affect Criminal Background Checks

Fri, 01 Jul 2022 13:00:03 GMT

C olorado recently became the seventh state to sign a "Clean Slate" bill into law. While the details vary from state to state, the essence of "Clean Slate" laws is that some information which would otherwise appear on a criminal record background check will not be available. This is typically done by sealing or expunging (completely erasing) records.

What Is a Criminal Background Check?

Criminal record screenings check potential or current employees for evidence of past criminal history , typically convictions, incarcerations, and sex offender status, though the specifics of what may be collected and how far back a search may go vary by jurisdiction. Federal, state, and local legislation dictates how and when it may be collected and used in making employment decisions .

What Does "Clean Slate" Mean?

I n brief, "Clean Slate" laws enable expungement (setting aside) or sealing of some criminal records. Eligibility for these record adjustments varies by locality, but typically requires that a person has been free of convictions for a certain time period (commonly 7-10 years), and that they have not been convicted of violent or sexual crimes.

What Do Sealing and Expungement Mean?

S ealed records are generally hidden from public view, and visible only to law enforcement and a very limited group of others, such as employers who are required to perform deeper background checks for regulatory compliance. Expungement completely removes criminal information from a person's legal record, as if it never happened.

Effects of Clean Slate Laws on Employment and Background Checks

Clean Slate laws can provide better options for potential employees who are no longer a risk, but whose criminal history may restrict their opportunities. Sealed or expunged information will not appear in criminal background screenings, except in very limited circumstances, but because serious criminal history is not sealed or expunged, criminal background checks remain highly effective tools.

Which States Are "Clean Slate" States?

Currently, states with "Clean State" laws are:

Colorado (the newest), signed into law May 31, 2022
Connecticut — as of June 2021
Delaware — as of November 2021
Michigan — as of April 2021
Oklahoma — as of May 2022
Pennsylvania — as of June 2018
Utah — as of 2019

The eighth state may be New York, where Clean Slate legislation awaits passage by the State Assembly before being signed by the Governor.

At Employers Reference Source, Inc., our criminal record screenings are performed in full compliance with federal, state, and local legislation, ensuring our customers receive accurate, actionable results. Contact us today to learn more about all of our employment and hiring solutions.

Understanding the Fair Credit Reporting Act

Wed, 22 Jun 2022 13:00:07 GMT

Background checks typically include reviews of credit reports and related data, particularly for positions where fraud or embezzlement are a greater risk. Consumers are protected during these checks in part by the Fair Credit Reporting Act (FCRA) which governs the behavior of consumer reporting agencies and those handling and using that information. In addition to standard credit report details, consumer reporting information may also include information on rent payments, bankruptcies, accounts in collections, and even medical records. If you are using or requesting this information in conjunction with a background check, you must abide by FCRA guidelines.

Essential Takeaways of the FCRA

Consumer credit reports are an important component of background screening for potential and current employees, but that information must be used in compliance with FCRA guidelines. Because credit report information can have such a strong impact on someone's finances and employment, many protections are provided. In addition, employers and employees alike should be aware that, according to a recent government report , as many as 23% of consumers have found errors in their credit reports, so care must be taken in using this data for hiring decisions. Key FCRA protections and responsibilities include:

Employer Responsibilities

Employers must obtain consent to perform credit background checks.
Employers must inform current and potential employees if any adverse actions are made as the result of their credit screening results.
Employers may only consider negative report data from within the previous seven years (ten years for bankruptcies).

Some states limit if and how a credit report can be used by employers. It is important to know if the state in which you are conducting the check prohibits employers from using credit reports in making employment decisions. There may be exceptions for requiring a potential or existing employee to give permission to a credit report. Check with the state departments of labor to be sure you are in compliance with the most current legislation.

Employee/Candidate Protections & Rights

Inaccuracies and errors can and should be disputed with the agencies reporting them.
Individuals must have the chance to review their credit reports, especially if they trigger adverse actions.

At Employers Reference Source, Inc., our extensive background screening services are fully
compliant with the FCRA and other regulations governing them, simplifying your screening needs. Contact us today to take advantage of our expertise with a wide range of screening solutions.

4 Questions to Ask Yourself to Prevent Discrimination

Sun, 12 Jun 2022 08:00:59 GMT

No company wants to be discriminatory in its hiring practices, but it can happen inadvertently when policies and training may not have kept up with current requirements and best practices. Avoiding discrimination is more than the right thing to do, it can also protect your business from civil penalties of up to $300,000 , low morale, reduced productivity, and untold damage to your company's reputation. Here are some questions to consider when evaluating your organization for discrimination.

1. Does your company policy mention anything about criminal history related to hiring decisions?

Federal, state, and local regulations affect what criminal background information may be collected and when and how it may be used in making any hiring decisions. These regulations have been changing frequently in recent years in many areas, so staying on top of the laws governing your locations is important for compliance.

2. When was the last time staff were trained on the latest policies and law changes?

Legal amendments, case law, and related legislation all have an effect on what characteristics receive protections against discrimination , including through the Equal Employment Opportunity Commission (EEOC) which generally has jurisdiction over employment discrimination issues through Title VII of the Civil Rights Act. For example, recent changes affect decisions related to legalized marijuana use and transgender status.

3. Is the information that you handle confidential and protected?

P otential, current, and former employees' personal information must be kept confidential for many reasons, including to prevent discrimination. This includes details about many protected class details such as age, marital status, health information, disability status, and other characteristics.

4. Does your hiring process avoid questions about protected information?

E mployers are forbidden from asking about protected class information of job applicants, including race, religion, color, sex, national origin, gender, and age, except in very limited cases where a specific job-related requirement must be met.

At Employers Reference Source, Inc., we have solutions to simplify your hiring decisions, from background checks and verifications to I-9 compliance and drug screenings . Contact us today to take advantage of our wide range of services and expert team.

How Long Should a Background Check Take?

Wed, 01 Jun 2022 13:00:23 GMT

Between the hiring challenges of the Great Resignation , supply chain issues, and pandemic-related scheduling, it often seems like everything is running behind. Nearly all employers recognize the importance of performing background screenings on potential and current employees, but many worry it will take too long. Rest assured, we typically return results for the average background check within 24-72 hours, though some checks may take a bit longer, depending on a number of factors beyond our control.

Timing for Typical Background Checks

Most background check results go smoothly and are available in a day or so, reflecting the time it takes to accurately verify the details provided and to ensure we collect and report information in compliance with federal, state, and local laws and regulations. With over 300 million people in the United States alone, accurately identifying individuals is critical.

What Slows Down Background Checks?

A number of factors can slow the background check process, with some of the most common being:

Communication. Whether it's the time taken by sending the notification and response for a credit check as required by the Fair Credit Reporting Act (FCRA) , the Drivers Privacy Protection Act , or another communication delay, the time spent waiting for responses from other individuals and agencies can delay screening results.

Inaccurate Information. From typos to deliberate misrepresentation, incorrect information about an individual being screened can complicate and slow down the screening process.

Record Requests. When records must be requested from court systems, employers, educational institutions, and other agencies, their volume of work and ability to efficiently retrieve and forward information can hold things up on our end, too.

Facility Limitations. Courts, government agencies, drug and health testing sites and other facilities all have fluctuations in hours, unexpected closures, and staff availability to respond to screening data requests.

Content of Request and Location. Finally, some requests are simply more complicated and require a little longer to perform with the accuracy required. For example, correctly identifying records for a Joe Smith in New York may take longer than for someone with an unusual name in a small town. Consulting international records can also increase reporting time.

At Employers Reference Source, Inc., we offer industry-leading background check services backed by decades of experience and our commitment to accuracy and efficiency. Contact us today and take advantage of our full lineup of screening solutions.

Should Employers Conduct Their Own Social Media Screening?

Sun, 22 May 2022 15:00:00 GMT

Finding ideal employees can be challenging in the best of times, and identifying those who are qualified and seem to be good matches for your organization can be even more difficult. Reviewing social media details is an increasingly common approach to exploring a potential hire beyond an application or interview.

What Is Social Media Screening?

As it sounds, social media screening is a type of background screening that allows employers to evaluate job candidates by reviewing their activity on social media platforms.

Why Organizations Like Social Media Screening

Social media screening offers a more casual, sometimes more realistic look at candidates than formal applications and interviews can provide. In reviewing social media activity, employers can explore a potential hire's personality and interests, helping determine if that individual may be a good fit for a particular position and organization.

Risks of Social Media Screening

Employers can certainly find information in social media accounts to help inform their hiring decisions. Unfortunately, employers can also open themselves up to liability if they use information they've found on social media in making hiring decisions. Using this information can be risky because:

Protected information , such as race, gender, religion, age, disability, or political views is likely to be found, and may illegally influence hiring decisions
Social media accounts located online may not actually match the candidates under consideration
Even when a potential hire's social media accounts are correctly identified, there's no guarantee that the information posted represents that person or their views
Perceptions of a candidate may not accurately predict their future job performance

How To Protect Yourself From Social Media Screening Liability

Of course, the simplest protection is to not use social media screenings, though this drastic solution limits the valuable information that is available. You can still take advantage of the behind-the-scenes aspects of social media reviews by engaging a reputable background screening company to perform these searches accurately and in compliance with relevant regulations.

At Employers Reference Source, Inc., we offer social media screenings along with a full suite of background checks and other employment tools. Contact us today to use our expertise to simplify your hiring decisions.

How To Prevent Negligent Hiring and Retention Complaints

Wed, 11 May 2022 15:00:04 GMT

Employers can often be held legally responsible for their employees' actions, particularly while on the job. Claims of negligent hiring or retention can arise from coworkers, customers, or others who are harmed or put at risk by an employee. Common claims involve employees who may have violent criminal backgrounds, work while impaired, or who lack necessary knowledge or training to safely perform their duties.

What Is Negligent Hiring?

Negligent hiring is a legal term used in claims against an employer. Plaintiffs claiming negligent hiring indicate that employers knew or should have known an employee put others at risk, through incompetence or other characteristics, such as assault or theft. For example, if you fail to identify a candidate's history of violent behavior, and once hired, that person assaults a colleague, you may be held liable for negligent hiring.

What Is Negligent Retention?

Claims of negligent retention rely on the same principles—that an employer should have known an employee posed a risk. Unlike negligent hiring, which relates to an employer's choice to hire a risky individual, negligent retention relates to risks arising from a person who has already been hired. For example, if one of your employees is having aggressive, angry outbursts at work and you take no action, if that employee engages in a workplace shooting, you may be liable for negligent retention.

How To Reduce Your Risk of Negligent Hiring or Retention Claims

Employers obviously can't perform exhaustive investigations into each job candidate or employee, except for the most sensitive positions. They should, however, engage appropriate background screening services such as criminal background checks , credential verification , drug screening , and driver's record screening , particularly for positions where employees may work without much supervision. Current employee behavior should also be observed, and questionable activity should be investigated and acted upon. Proactive and ongoing screenings followed by appropriate actions illustrate an employer's due diligence, and limit liability for negligent hiring and retention claims.

At Employers Reference Source, Inc., our background check expertise can help reduce your risk of negligent employment claims, and help you build a safe, effective workforce. Contact us today to learn more about our full suite of screening services.

Why Is DHS Seeking Extension and Revisions for I-9?

Sun, 01 May 2022 15:00:03 GMT

Most employers are aware they need to comply with the government's Employment Eligibility Verification (I-9) requirements to ensure workers' identities are verified and they are eligible to work in the United States. Compliance can be a time, paperwork, and record retention burden. Recognizing this, the Department of Homeland Security (DHS), which oversees employee verification and eligibility through the U.S. Citizenship and Immigration Services (USCIS) has proposed some simplifications to the form and its handling to ease employer requirements.

I-9 Compliance Flexibility Extension

The DHS proposal to simplify I-9 requirements for employers and to comply with the Paperwork Reduction Act includes the following changes:

Sections 1 and 2 (Employee Information and Attestation and Employer Review and Verification) will be compressed from two pages to a single page
Section 3 (Reverification and Rehires) will be expanded to allow three sets of information to be filled in rather than just one set
Updated list of rules for accepting receipts in place of required documents under certain circumstances, including refugee status
Form instructions will be reduced to less than half their original length (from 15 to seven pages)
PDF file enhancements will be removed so documents can be viewed on a wider variety of devices

What Is the I-9 and Why Is It Important?

I-9 forms and the documents reviewed in their completion indicate an employer has validated each employee's identity and eligibility to work in the U.S. Employers must keep these documents on file during employment and for a period after, as well. Failure to fully meet I-9 requirements can result in substantial fines and penalties , so using an I-9 documentation management solution can further simplify compliance.

At Employers Reference Source, Inc., we offer screening solutions and other services to help you hire and retain a high-quality workforce. Contact us today to learn more about all of our expert services.

How Legalized Marijuana Affects Drug Screening

Thu, 21 Apr 2022 12:00:03 GMT

Expanded legalization of marijuana for medical and sometimes recreational uses, places many employers in a difficult position with respect to drug screenings . Drug screening policies without exceptions may unfairly punish employees who are legally using marijuana, while not testing for marijuana use at all can open an organization to claims of negligent hiring.

Benefits of Testing for Marijuana Use

Of course, many positions require tremendous attention and precision which could be compromised by marijuana use, especially if used while on the job. Testing for marijuana use can also help to limit an employer's liability for errors, damages, or harm caused by employees under the influence.

Choosing not to test for marijuana use can result in employees who work under the influence and who can create risky, error-prone work environments. Failure to test can also mean you are no longer in compliance with local, state, and federal laws that govern your industry. Finally, failure to test can make your organization vulnerable to claims of negligent hiring and other risks to your reputation and productivity.

Drawbacks of Testing for Marijuana Use

Due to a changing legal landscape at local and state levels, it can be unclear whether hiring decisions based on the results of testing for marijuana are considered discriminatory. Because marijuana is illegal at the federal level, those companies who take federal government contracts or accept federal funding will still need to test for illegal drugs, including marijuana. Companies who do not fall into these categories face a complicated patchwork of state and local laws that may protect workers from adverse hiring decisions based on their medical and/or recreational marijuana use.

At Employers Reference Source, Inc., we can simplify your drug screening process with reliable results and a short turnaround time. Contact us today to take advantage of our full range of background screening services.

Background Check Tips for Remote Employees

Mon, 11 Apr 2022 12:00:07 GMT

A nationwide shift toward having more remote employees has changed many aspects of running a business. For hiring managers, this has meant a number of changes in evaluating current and potential hires, including adjusted selections in the best background screenings to perform.

Why Are Background Checks Important for Remote Employees?

The flexibility of working remotely carries with it a need for employees to possess a strong sense of responsibility, a good work ethic, and solid skills for performing their jobs. These characteristics may come across to some extent in an application and interview, but a deeper look can be more revealing. To help employers gain this additional information, we recommend these three screenings be included as part of your background check process for current and future remote work positions.

Verifications

Verification screenings are designed to confirm employment as well as academic and other credentials provided by applicants, ensuring they are accurate. Checking verifications helps to ensure employees have the expected skills and experience to perform their jobs well, especially when working remotely.

Criminal Screenings

A vital part of nearly any background check, criminal screenings can help to verify the quality of applicants and help to ensure a safe, reliable workforce and protect your organization's sensitive information. Criminal screenings are particularly important for remote workers, to reduce the risk of fraud and other undesirable behaviors in workers with less direct supervision.

Social Media Screenings

A social media screening can help you identify current or potential employees who engage in illegal or unethical activities, promote violence, share explicit materials, and more. These important checks can also help you spot workers who inappropriately share themselves taking advantage of working remotely by posting about doing so.

At Employers Reference Source Inc., we combine our expert team with the best technology to provide the most accurate and efficient background screening solutions. Contact us today to learn more about how our services can improve and simplify your hiring decisions.

The Benefits of Social Media Screening

Fri, 01 Apr 2022 19:37:09 GMT

Social media is an outlet for many to express their feelings, however unpopular or unusual. This can make social media a tempting tool for hiring managers to explore when evaluating job candidates, and in fact, as many as 70% of employers report checking out candidates' social media. Unfortunately, making hiring decisions based on social media findings can be risky if not done in compliance with other hiring regulations.

What Is Social Media Screening?

Social media screening is one tool in the background screening toolbox that can provide current and potential employers a look at candidates beyond their résumés. Social media screening can help you determine if a candidate is a good match for the style and personality of your organization or team.

Why Is Social Media Screening Worthwhile?

Most importantly, a social media screening can help you identify candidates who share posts about such potential red flags as:

Illegal or unethical activities
Explicit or inappropriate images
Negative statements about gender, race, religious beliefs, or other characteristics
Complaints about colleagues or supervisors

On the positive side, social media posts can also help you find candidates who:

Have interests that align with company values
Illustrate a personality that meshes well with your organizational culture
Show creativity or other skills and talents that your organization values

Why Is Professional Social Media Screening Important?

Because exploring someone's social media presence can lead to the discovery of sensitive information which would otherwise not be available during the job interview process, anything found on these platforms should be used with discretion. A professional screening company can ensure that such details as membership in a protected class and any other factors which cannot be used to evaluate a candidate are not included in a social media screening report.

At Employers Reference Source, Inc., we offer social media screenings as part of our full suite of background screening solutions. Contact us today to learn more and let us help you find the best people for your team.

Fair Credit Reporting Act: Upholding Regulations During Background Checks

Mon, 28 Mar 2022 18:06:17 GMT

Background checks are a vital part of making solid hiring decisions and evaluating current employees, but they must be used in compliance with a number of regulations , including the Fair Credit Reporting Act (FCRA) . These regulations protect employers, employees, and potential hires by ensuring information found in background checks is gathered and used appropriately and fairly.

What Is the Fair Credit Reporting Act?

The FCRA specifies details about information gathered in some background screenings, such as criminal record checks and credit report inquiries, including:

How the subjects of a background check must be informed about and consent to the screening
What information may be collected
How that information can be used in hiring decisions
How employers may respond to negative background screening results

What Protections Does the FCRA Offer?

The FCRA protects current employees and job candidates by ensuring they are protected from unfair or capricious hiring decisions based on negative screening results. Employees also have the right to consent to screenings, review information identified in them, address any inaccuracies, and appeal unfair decisions based on this information.

It protects employers by providing guidelines for using background checks that help protect organizations from liability and directing them to use this critical information successfully.

How Must Employers Be In Compliance with the FCRA?

Employers must utilize background checks fairly, and accurately, with written consent from those being screened. Specifically, employers obtaining background screenings must:

Clearly alert employees or job candidates of the screening and obtain written consent to do so
Not use screening results in a discriminatory way
Collect and use screening results in compliance with all FCRA and other federal, state, and local regulations
Follow the correct adverse action procedures when those results prompt an unfavorable hiring decision
Comply with FTC Guidelines on record keeping and disposal of screening results

At Employers Reference Source, Inc., our expert background checks and other screening services are fully compliant with the FCRA and other relevant regulations. Contact us today, so we can help you identify and maintain the best possible workforce.

Top 3 Reasons for Employment Background Checks

Wed, 02 Mar 2022 18:44:13 GMT

In a world where employee turnover is often high and competition can be fierce, background screenings are an increasingly popular tool for employers to analyze both prospective and current employees. In fact, according to HR Research Institute's 2021 annual " Background Screening: Trends in the U.S. and Abroad " report, 95% of organizations with at least one US location use background screening tools. While many industries have specific screening needs, three reasons for background checks are common across nearly all employers who take advantage of them.

Ensure Employee and Customer Safety

Employees who may use illegal drugs, embezzle, commit fraud, or have unsafe driving or sex offender records can put both their colleagues and your customers at risk. Criminal background checks and driving record screenings can help ensure your workforce is as safe as possible, help ensure regulatory compliance, and reduce your liability risk.

Improve Workforce Quality

We've all heard the saying that a chain is only as strong as its weakest link. Avoiding the weakest link job candidates in your organization with quality background screenings can help to keep things running smoothly and efficiently. Better performance can, of course, improve morale, employee satisfaction, and the bottom line. In addition to standard screenings, identity and credential verifications and reference checking are important tools for creating and maintaining a high-quality workforce.

Maintain Company Reputation

Word of mouth, online reviews, and other representations of your company's reputation are critical to your success, and it can take substantially greater positive results to overcome any blemishes to your corporate reputation. You can prevent many opportunities for any negative impacts by adequately screening employees and job candidates.

At Employers Reference Source, Inc., we offer high-quality, cost-effective, efficient background screening and other employer solutions to simplify and inform your hiring decisions. Contact us today to start working with our expert team.

Rescreening Your Employees: When, Why, and How

Wed, 02 Mar 2022 18:40:48 GMT

It's common to think of background screenings as an isolated service, needed only when seeking new employees. There are many instances, however, when rescreening employees can be a vital part of ensuring consistency, reliability, and quality in your workforce, protecting your reputation and limiting your liability. Rescreening is generally a simpler process, since many verifications, reference reviews, and other details don't require rechecking. Common checks in rescreening include drug testing , criminal record checks , driving record reviews , and credit checks. Here are some guidelines to help you decide when to think about rescreening.

Why Rescreen Employees

The short answer is that you should consider rescreening whenever there is a change or disruption, whether that's with an employee, your organization, or both. Rescreening can help you identify potential problems and take action before trouble strikes.

Employee Changes

Unusual or inappropriate behavior or interactions with colleagues or clients
When an employee is involved in an accident, at the workplace or outside of work
When evaluating employees for promotion or other changes in position or responsibilities

Organizational Changes

As part of company mergers where each organization may have used different initial screenings
When more sensitive work is being performed
When policies or procedures are substantially changed

When to Rescreen Employees

Many employers who take advantage of rescreening services do so on a regular schedule, such as annually or every 2-3 years on hiring date anniversaries. Others choose to spread them out over time without a predictable schedule. Industry regulations or specific job duties may also affect the timing of rescreening. Your organization's structure, turnover, and overall goals will determine when you choose to rescreen employees.

How to Rescreen Employees

The simplest, most cost-effective way to rescreen is to engage an experienced background screening company , to ensure you have the most accurate, reliable results. Critically, you must also ensure your rescreenings and use of their results are in compliance with the Fair Credit Reporting Act (FCRA) and other regulations governing how screenings may be done and how the results may be used.

At Employers Reference Source, Inc., our expert team offers a full array of pre-employment screening and rescreening services for all of your hiring needs. Contact us today to learn more.

Background Checks & the Equal Employment Opportunity Commission (EEOC)

Mon, 21 Feb 2022 17:00:04 GMT

Anyone involved at any stage of human resources and hiring decisions is well aware of the US Government's Equal Employment Opportunity Commission (EEOC) protections against discrimination in hiring decisions, but many haven't considered how EEOC rules apply to background checks . Here are some guidelines to help you ensure your use and application of background screenings and their results are in compliance with EEOC regulations.

What Are EEOC Protections?

I n brief, EEOC regulations are designed to protect employees from being discriminated against for any reason not specifically related to their ability or qualifications to perform a specific job. EEOC rules specifically prohibit discrimination based on race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information. Discriminatory hiring practices can expose your organization to substantial liability.

When Can You Ask for Background Checks to Meet EEOC Regulations?

While many laws apply to how and when employers may use background checks, EEOC guidelines ensure they are not used in discriminatory ways. To comply with EEOC regulations, you should not request screenings from only a subset of candidates with a certain characteristic, for example, criminal screenings only of individuals of one race, or driving records only of women. Remember, too, that you must have written consent to perform a background check, and must meet other federal, state, and local regulations regarding privacy and discrimination as well.

How Can You Use Background Check Results in Compliance with EEOC Rules?

In addition to using background screening results in accordance with other privacy and employment regulations, EEOC rules mean you must respond to results in a fair and nondiscriminatory way, so that your standards apply equally, across the board. Moreover, you shouldn't reject a group of applicants who have a specific background check result if that excludes a particular protected group among whom that result may be more common.

The two best ways to ensure your background checks are in compliance with EEOC and other regulations are to remember the goal is to treat everyone equally and fairly, and to use an experienced, qualified background screening provider. At Employers Reference Source, Inc., we check both of those boxes. Contact us today to explore our full array of background screening and verification services to make your hiring decisions more efficient and effective.

Choosing the Best Candidate During the "Great Resignation"

Fri, 11 Feb 2022 17:00:03 GMT

Among the words we seem to be using more often in recent times, "unprecedented" is certain to be near the top of the list. So much of life seems to be in upheaval and transition. One of the most visible reflections of these changes is the Great Resignation, or the Big Quit that began in 2021 as pandemic disruptions and fatigue pushed man y workers to seek other employment. This trend is expected to continue, with nearly 25% of workers expecting to leave their jobs in 2022 and 1/3 seeking work in a new industry, according to one survey . With such high, frequent turnover, efficient, accurate background checks are more critical than ever to ensuring the quality of your workforce.

4 Critical Background Checks for Employees New to Your Industry

During this Great Resignation, many workers, especially in retail, hospitality, and other high public-contact industries are looking for new opportunities. Some seek a change of pace while others a different experience, more fulfillment, or a better work-life balance. When these workers seek jobs in new industries, they usually have different experiences, work histories, and credentials than those you might normally hire, so some targeted background screenings can help you find the best candidates, and identifying discrepancies before making a hiring decision can help prevent future problems. Specific suggestions include:

Academic Verifications for Jobs with Education Requirements

For positions requiring specific degrees, coursework, and other education and training, academic verifications are key to identifying applicants with adequate, expected knowledge.

Driving Record Screenings for Transport Jobs

Whether transporting consumer goods, providing courier services, or making local deliveries, any position which involves driving and transport will want to verify clean driving records for potential hires to satisfy safety and regulatory guidelines.

Drug Screenings for High-Risk Jobs

Ensuring the safety of your workers and workplace is a vital part of running your business. Proper drug screening can help you keep everyone safer and productivity consistent.

Criminal Background Screenings for Sensitive Industries

T o meet legal requirements and to help maintain a safe environment for workers and clients, criminal background screenings are recommended.

At Employers Reference Source, Inc., our expert team can quickly, efficiently, and thoroughly screen current and potential employees, saving you valuable time and resources while helping you find the best possible workers. Contact us today to explore our full suite of screening services .

Biggest Misconceptions About Employee Background Screening

Tue, 01 Feb 2022 16:31:47 GMT

B ackground screenings are an increasingly popular tool to help employers sort through potential hires and ensure they hire the best people for their workforces. Unfortunately, misconceptions about the background screening process can make it a confusing area to navigate. Here are some common misunderstandings about background screenings.

Anyone Can Find the Same Information on the Internet

While some of the information contained in a background check may be found online , ensuring the accuracy of that data and whether it's up to date is much more challenging, and many online background checking services do a poor job with little, if any, quality assurance.

Background Checks Are Too Expensive

While a background check may involve a small upfront expense, it more than pays for itself in the peace of mind and confidence you'll have knowing you've properly screened employees. Further, a reliable background check can help minimize your liability for negligent hiring.

Only Large Employers Need to Use Background Screening

When deciding whether to use background screening, a company's services are far more important than its size. Companies who provide services to vulnerable populations, such as children or the elderly, or those who handle sensitive information or enter customers' homes are some who can benefit from using background screening services no matter their size.

Every Background Screening Company Gets the Same Results

We all know cases where the first one to the finish line, or the lowest bidder, may also produce poor results. Using a reputable company for your background screening needs can also ensure these important checks are done accurately and in full legal compliance.

Background Checks Slow Down the Hiring Process Too Much

M any background checks can be performed with a very short turnaround time . They can also help speed the process by simultaneously checking different areas, such as references , criminal records , driving history, and more.

At Employers Reference Source, Inc., you can trust in the quality, accuracy, and reliability of our expert team's background screenings. Contact us today to take advantage of our full suite of screening and verification services.

What Screenings Should Your Medical Industry Hiring Process Include?

Fri, 21 Jan 2022 16:30:02 GMT

With access to confidential, sensiti ve, patient information and often in contact with vulnerable populations, employees in the medical field must be carefully screened . Even those who do not directly interact with patients or their records may deal with proprietary research or other medical data. Thorough background screenings for these critical positions can help employers maintain a conscientious, trustworthy, competent workforce and help to ensure regulatory compliance .

Most Important Screenings for Medical Industry Hiring

Federal, state, and local regulations may require specific background checks to be performed on potential hires. For example, criminal and sex offender records are a necessary review for those in direct contact with patients, while education and certification checks are particularly important for any care providers. Recommended background screenings include:

Criminal Screening — including federal, state, and county records, as well as sex offender screening
Employment Verification — confirm past employment details
Academic and Credential Verification — ensure accurate education and licensing
Driving Record Screening — especially to meet legal requirements for anyone involved in patient transport
Professional and Personal References — gather information from former employers, colleagues, and others who know a candidate well
I-9 Employment Eligibility Verification — ensure employees are legally authorized to work , and meet federal immigration regulations
Fraud and Abuse Control Information System (FACIS) Check — specialized screening for healthcare workers
Drug Screening — for illegal and prescription medications, particularly for employees with access to opiates, barbiturates, and other controlled medications
Child and Elder Abuse Registries — especially for employees in direct patient contac

Keeping up with frequent changes in privacy, drug testing, criminal background, and other screening regulations and prohibitions can be complicated, and failure to comply can be an expensive and risky proposition. At Employers Reference Source, Inc., we have the experience and knowledge to properly screen current employees and future hires in the healthcare industry as well as any other field. Contact us today to learn more about our complete array of screening services and let us take the work out of this important process for you.

Choosing Not to Hire Based on Background Screening Results: What You Need to Know

Tue, 11 Jan 2022 16:30:03 GMT

Naturally, the primary reason most e mployers perform background screenings on job candidates is to inform their hiring decisions. Ideally, these checks simply verify the information a potential hire has provided and create a fuller picture of that candidate. Unfortunately, when a background screening turns up negative or conflicting information, it can encourage you to reject that individual. Making that decision based on background screening details can be a smart choice, or it can make a company vulnerable to legal action and liability.

When Can You Choose Not to Hire Based on Background Screening Results?

I n general, the choice to not hire an applicant depends on which screenings have undesirable results and how those results relate to the job in question. Because job applicants are protected by fair employment and other legislation, including the Fair Credit Reporting Act and the Drivers Privacy Protection Act , any hiring decisions based on background screening details may warrant the advice of legal counsel. Here are some considerations to help explore these decisions.

Failed background screenings must have a relationship to the job in question to be the basis for denying employment.

It's generally fine to reject an applicant when a background screening result conflicts with job duties, but not when there's no clear relation between the result and requirements of the position. For example, a poor driving history may not matter so much for a job in marketing, but is critical for a transit driver.

Meeting legal require ments may mean choosing not to hire.

Many industri es have specific legal requirements of employees, primarily to promote safety in the workplace and for the customers, clients, and others with whom the employees interact. Familiar regulations include clearances for employees working with children and the elderly, in the healthcare industry, or in positions requiring security clearances. Negative results in these cases represent a fairly clear choice to not hire.

Criminal records alone are generally not enough to justify a decision to not hire.

J ob applicants with criminal records are increasingly common, and laws concerning when hiring decisions can be based on those records alone change frequently. Requirements for when criminal records can be considered, and which ones are allowed, also vary among jurisdictions.

Following Adverse Action Compliance

I f you have made the decision to not hire an applicant based on information you received from a background screening report, the Fair Credit Reporting Act (FCRA) requires you take certain steps. You must:

Provide the applicant with a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act” you received from the company who issued the report along with notice that includes a copy of the report itself.
Allow the applicant to provide additional information to you about anything negative on the report.

If you still choose not to hire, you are required to tell the employee verbally, in a letter, or in an email that you have rejected the application based on the report. You then must:

Provide the name, address, and phone number of the company that issued the report.
Clarify that the report-issuing company is not responsible for the hiring decision and can not comment on the reasons behind it.
Let the applicant know that they can dispute the report and receive a free additional report from the same company within 60 days.

At Employers Reference Source, Inc., our expert team can provide the background screening services you need to make the most informed hiring decisions. Contact us today to learn more about our full screening capabilities.

I-9 Compliance Flexibility Extended to April 2022 by ICE

Sun, 02 Jan 2022 16:15:02 GMT

The United States Immigration and Cu stoms Enforcement (ICE), part of the Department of Homeland Security, is the agency tasked with immigration safety and control. Part of the agency's jurisdiction is ensuring that only those people who are legally authorized to work in the United States are doing so. ICE oversees use of the I-9 form as a primary tool in distinguishing authorized and non-authorized workers.

What Does I-9 Compliance Flexibility Mean?

A critical part of how employers comply with ICE's I-9 regulations is physically reviewing required documentation employees must present to verify their identities and authorization to work. To limit unneccessary physical contact during he COVID-19 pandemic, ICE temporarily eased the documentation examination requirements for employees hired in April 2021 or after and working completely remotely (no exemption is made for employees who report to a workplace). Exceptions are also made on a case-by-case basis for other situations where physically reviewing documentation may not be feasible.

The announcement of the extension in flexibility indicates that rules will be eased until April 30, 2022. Note that I-9 paperwork must still be completed in a timely fashion, and only some instances of physically examining an employee's documentation of eligibility to work are affected by the extension

Abo ut I-9 Form Compliance

F ormally called the Employment Eligibility Verification form, but familiarly known by its identification number, the I-9 is a U.S. Citizenship and Immigration Services (USCIS) form mandated by the Immigration Reform and Control Act of 1986 . This form must be filled out for every employee working in the United States, both citizens and non-citizens alike, to verify identity and authorization to legally work.

Employee Responsibilities on the I-9

By completing and signing the form, employees are:

Attesting they are authorized to work in the US
Indicating how they are authorized (citizen, naturalized citizen, etc.)

Employer Responsibilities on the I-9

To be compliant, employers must:

Review required pieces of approved documentation provided by employees to verify identities and work eligibility (passport, driver's license, etc.)
Keep I-9 paperwork on file for a specified period of time

Failure to comply with I-9 completion and retention requirements can result in costly fines and penalties (up to $20,000 per affected employee!) due to non-compliance.

At Employers Reference Source, Inc., our I-9 and E-Verify solutions can help make compliance quick and easy. Contact us today to learn more about these services and our many other background screenings to help ensure the integrity, safety, and quality of your workforce.

Why Employment Verifications are Crucial for Your Business

Tue, 21 Dec 2021 16:00:53 GMT

Job candidates naturally want to look their best when applying for positions, and while many are quite honest about their work history and experience, some applicants may embellish their job titles or adjust dates to hide gaps in employment. Checking this employment information can be a tedious but necessary part of the hiring process.

What Can You Learn from Employment Verifications?

During the employment verification process, you will find that most employers are reluctant to provide anything more than title and dates of employment. In many cases, it is company policy to not disclose details of work history, reason for termination, or job responsibilities. But even confirmation of these details can tell you a lot about your applicant, especially if they don't match.

Job Titles

M any candidates will expand their job titles to be something that sounds a little more impressive, for example, a restaurant server who provides the job title "Dining Liaison". Other times, job titles are accurate but lacking the details you may need, for example, "Clerk I".

Dates of Em ployment

A pplicants with gaps in their work histories may adjust dates of employment to hide those missing periods of time.

Most Important Reasons to Perform Employment Verifications

S creening job candidates to check the employment details they provide on applications is an easy and important way to help you weed out less desirable candidates. Employment verifications can help you:

Hire the most suitable employees — You'll be able to choose from those who've been fully honest, and those who may have undersold or, more likely, oversold themselves.
Gain insight into applicants ' personalities — Is a candidate a straight-shooter, one who exaggerates a little to sell it, or one who blows things out of proportion?
Reduce your risk of negligent hiring — Does a hidden gap in employment represent something problematic?

Many employers have handed personnel files to third parties for the verification process. These third parties charge fees when requesting verifications and will only supply title and dates of employment. Fees will vary depending on the company the employer utilizes.

At Employers Reference Source, Inc., we can simplify and improve your hiring process by making sure you have the information you need to properly evaluate job applicants. Contact us today to learn more about our employment verification checks and other background screening services .

Reasons To Screen Your Job Candidate's Driving Record

Sat, 11 Dec 2021 16:00:07 GMT

M ost people think they are good drivers—in fact, multiple studies have shown that the vast majority of people think of themselves as being "above average" drivers. Unfortunately, the National Highway Traffic Safety Administration (NHTSA) has evidence that says otherwise, with approximately 95% of accidents caused by human error . Those dire statistics make clear the importance of reviewing the driving history of potential hires.

What Can You Learn from a Job Candidate's Driving Record?

D river history records generally indicate driving status, infractions, and convictions from the previous three to seven years. Specific details vary among the states, but may include:

License details, status, and class
Driving violations and accident reports
Driving restrictions and suspensions
Vehicular crimes and convictions

Importantly, as with other negative information found through background checks, employment decisions made as a result of screening details are subject to the Drivers Privacy Protection Act , the Fair Credit Reporting Act , and other federal, state, and local regulations.

Why Should You Screen a Job Candidate's Driving Record?

Reviewing a potential hire's driving record is critical for any position in which an employee might use a company vehicle. Proper screening can help ensure you:

Promote Safety — Hiring safe, competent drivers protects both your employees and the public, including your customers.
Legal Compliance — Many industries specify that annual driving record checks be performed to meet legal requirements.
Limit Liability — Employing individuals with poor driving records can open your company up to liability claims in the event of an accident.
Lower Insurance Rates — Hiring employees with good driving records can help prevent your company's insurance rates from rising due to increased risks.
Maintain Your Reputation — Safe, courteous drivers are a benefit to any company, while drivers causing accidents, particularly if found to have faulty driving records, may lower perceptions of your company's care and safety among customers and business partners.

At Employers Reference Source, Inc., our expert team is ready to provide driving record reviews and other background screenings to keep your employees and customers as safe as possible. Contact us today to learn more about our full screening capabilities.

How Proper Employment Screenings Can Keep Your Company Compliant

Fri, 03 Dec 2021 03:25:12 GMT

Background screenings can offer a wealth of valuable information to inform your employment decisions and help you hire and retain the safest, most effective workforce. When such screenings are not done in proper compliance with federal, state, and local regulations, however, these powerful tools can instead open your company up to liability.

Important Elements of Background Screening Compliance

Employers and job candidates alike recognize the importance of background screenings in creating a safe, effective workplace. Background check requirements are in place to help level the playing field so that candidates are assessed more fairly on their merits for a specific position rather than rejected unfairly. Specific federal requirements for background checks address issues such as:

When and what types of background checks can be performed
How job candidates must be notified of background checks and their results
When background screening details may be used to make hiring decisions
What information may be gathered in a background check

Laws Governing Background Screening Compliance

While there are numerous regulations at all levels of government to address screening compliance, some of the most widely applicable include:

Other federal regulations as well as state and local laws will usually also apply. Ensuring you work with an experienced, reputable company to perform background checks on potential and current employees is vital to protecting your company and the employees you have and may want to hire in the future.

Why Is Background Screening Compliance Important?

Failure to perform background screenings in compliance with applicable regulations is not only unethical, it is often illegal. Meeting screening requirements protects both job candidates and employers from liability and helps to limit discrimination and unfair hiring practices. Proper screenings can also promote better communication between employers and potential employees.

At Employers Reference Source, Inc., we have the expertise to ensure background screenings are performed effectively and in full compliance with current laws and regulations. Contact us today to simplify all of your background check needs.

Why Browsing a Candidate's Social Media Can't Replace a Background Screening

Sun, 21 Nov 2021 15:00:07 GMT

Many employers scan the social media accounts of potential hires to get a better sense of how candidates present themselves, personalities beyond applications and résumé details, and to check for any red flags. While this can sometimes be enlightening, it can also offer inaccurate and incomplete information and expose you to liability. Relying instead on solid background screenings provides efficient, accurate, reliable results you can use to make effective hiring decisions.

Risks of Reviewing Social Media Accounts for Potential Hires

While scanning job candidates' social media accounts may seem like a quick and easy way to get a better picture beyond what's presented in an application or interview, reviewing these accounts is actually a minefield of potential problems. Some issues involved include:

Remembering employers can't ask for social media passwords, or they are likely to violate the federal Stored Communications Act and other state and local laws
It's not always clear if information on social media has been posted or even approved by the account owner, and many spoof accounts or those hard to accurately identify may exist
Not all details gathered there may be used in making hiring determinations, including age, race, disabilities, political or religious views, and others
Use of much information gathered about candidates on social media may open you to liability if it is used in making any hiring decisions

How Background Screenings Are More Effective Than Social Media Reviews

Background screenings , such as those we offer at Employers Reference Source, Inc., are performed by professionals and are carefully designed and executed to ensure effective, legally compliant results. Reliable screenings guarantee accurately identified records for individuals under consideration, and focus only on legitimate sources of information rather than questionable social media accounts. In fact, at least one study has shown that the impressions recruiters have of job candidates based on their social media accounts do not accurately reflect future job performance.

At Employers Reference Source, Inc., our expert team has the skills and resources to offer thorough and effective background screenings. Contact us today to learn more about how we can help you hire the best people for your workforce.

5 Reasons You Should Call Your Job Candidate's References

Thu, 11 Nov 2021 15:00:09 GMT

Requesting professional references and sometimes personal references is a standard component of the job application process. Unfortunately, many employers fail to take full advantage of these important tools for evaluating candidates. Reviewing references can provide great insights into a potential hire that are impossible to fully gather in an application or interview.

Reasons to Contact a Candidate's References

While most applicants will be sure to include only references who are likely to present them in a positive light, contacting them for their perspectives allows employers to take a deeper look at potential hires beyond how they present themselves. Some great reasons to call both professional and personal references include:

1. Learn About a Candidate's Work Habits

Former colleagues and employers can offer excellent insights into whether a potential hire was a team player, had a good work ethic, was enthusiastic or dedicated, able to meet job requirements and much more.

2. Explore a Candidate's Personality and Activities

Getting a better sense of applicants' interests and activities in and out of the workplace can help you get a better perspective on who they are as individuals.

3. Verify Application Details

Critically, reference checks can be used to verify information on applications, including work experience, job duties, ability to work with a team, achievements, and more.

4. Determine if a Candidate Will Fit With Your Organization

Speaking with others who have known and worked with potential hires can help you gauge whether they will fit in well with your workplace culture and current employees.

5. Identify Good Candidates Who May Otherwise Be Looked Over

Some applicants may seem lacking on paper or may interview poorly, though their qualifications or other details make them worth considering. Through conversations with references, those faults may be addressed and even overcome.

At Employers Reference Source Inc., our expert team offers in-depth checking for both professional and personal references in compliance with all relevant legal requirements. Contact us today to see how reference checking can help you make the best hiring decisions.

DOB Redaction: Background Checks in California & Michigan

Mon, 01 Nov 2021 19:35:40 GMT

Performing background checks on potential employees is a vital step in ensuring the safety and quality of your workforce. In many cases, such checks are, in fact, legally required. Recent legal changes in Michigan and California are likely to complicate background checks in those states.

Why Is Date of Birth Important for Background Checks?

Knowing an individual's date of birth (DOB) is a critical piece of information that can aid in performing background checks by helping to identify the correct individual in court records and other relevant sources. For example, there may be hundreds of John Smiths in a jurisdiction, but only a handful with a given birth date, narrowing the search quickly and effectively.

What Is DOB Redaction?

In today's world of identity theft and privacy concerns, court systems such as those in California and Michigan , are updating their procedures to address how much personally identifying information (PII) is publicly available in their records. Redacting, or, removing from public view, such details can help to protect people who are identified in court records from falling victim to identity theft and other unwanted attention.

How Does DOB Redaction Affect Background Checks?

Unfortunately, redacting birth dates in court records complicates work for companies performing background checks, particularly with criminal record screenings . The Fair Credit Reporting Act (FCRA) and other legal protections specify that matching an individual with criminal records by name only is not allowed, so DOB is one of the most common PII details used to properly match people with their records. Some anticipated consequences of DOB redaction for performing background checks include:

Longer, more intensive searches will often be needed in Michigan and California
Increased costs per search in these locales
Some Michigan and California background checks may be nearly impossible to perform, especially for those with more common names

In cases where criminal background checks are legally or contractually required, DOB redaction can place a significantly higher burden on employers who want and need to have such checks performed.

At Employers Reference Source, Inc., we have the expertise to perform effective background checks and screenings, even in the face of these DOB redaction limitations. Contact us today to learn more about our full array of screening services designed to help you build and maintain the best workforce possible.

What Information Will I Receive From a Criminal Screening?

Fri, 22 Oct 2021 15:00:03 GMT

Background checks are a valuable tool for ensuring the safety and reliability of your current workforce and potential hires. Criminal record screenings can contribute to employee and customer safety, can help protect you from claims of negligent hiring, and help ensure compliance with pertinent regulations. Federal guidelines and varying state and local laws govern how and when criminal background checks may be performed and how that information may be used in the hiring process.

Details in a Criminal Background Check

Criminal record screening can include investigations of federal, state, and local documentation for settled and pending cases and related records. Typically, criminal background checks include details of charges, disposition, and sentencing for:

Felony Criminal Convictions — These charges vary by jurisdiction but can include murder, aggravated assault, arson, sex crimes, extortion, identity theft, perjury, and others. Felony convictions are generally reported no matter when they occurred, though some jurisdictions place a seven to ten year limit on reporting.
Misdemeanor Criminal Convictions — These less serious charges vary more widely among jurisdictions and may include drunk driving, trespassing, public intoxication, vandalism, petty theft, simple assault, and others. Misdemeanor conviction reporting can be limited to a number of previous years or indefinitely, depending on the jurisdiction.
Infractions — These are petty offenses such as littering, jaywalking, disturbing the peace, and similar violations. According to federal law, these may only be reported from the previous seven years.

Cases which did not result in a conviction are generally not included in criminal record reports. Other related information which may be part of a screening includes:

Arrests and Active Warrants
Incarcerations
Sex Offender Registry Status

Using Criminal Screening Data

Federal, state, and local regulations determine what information is available in screenings, how long it is available, and how it may be used in hiring and employment processes. Fair hiring regulations and job- and industry-specific compliance requirements may also affect the type and depth of criminal screening data gathered and how and when it may be used by employers.

At Employers Reference Source, Inc., our mission is to provide you with straightforward background check solutions to simplify and inform your hiring and employment decisions in compliance with relevant regulations and requirements. Contact us today to learn more about our full suite of screening services.

New CT Law: Employers Can Not Ask Age or Dates of Schooling on Initial Job Applications

Fri, 08 Oct 2021 15:20:05 GMT

The most critical step in performing background checks and academic verifications , is ensuring the correct individual has been identified in the records being examined. Due to a recently enacted Connecticut law , employers may no longer request some of the details most commonly used in these screenings, as of October 1, 2021.

What Is Connecticut's New Law?

In an attempt to protect job seekers from age-discrimination and to improve privacy protections, Public Act 21-69 mandates that employers can no longer ask for certain personally identifying information (PII) in initial job applications. Specifically prohibited are:

Date of birth (DOB) or age
Dates of school attendance and/or graduation dates

The only exception is if any of those details are a specific requirement of the position or needed for legal or regulatory compliance. The law applies to any employer who has at least 3 employees.

Why Are Age and Dates of Schooling Important for Background Checks?

Because correct matching of job applicants and the records used in screening them is so critical, the more opportunities to accurately match them, the more efficient the process can be. Birthdates and ages are one of the most effective ways to reduce the field of possible matches to a manageable number. For example, there may be hundreds of Jane Smiths in a set of records, but only a dozen born in a given year. When performing criminal background checks, the Fair Credit Reporting Act (FCRA) requires that more details than just names be used to match individuals with criminal records, so these additional details are vital.

Effect of the New Connecticut Law on Background Screenings

Because the Connecticut law prohibits employers from including age, birthdate, or dates of schooling on initial job applications, background searches become more challenging. Some consequences of this law are expected to include:

Longer time required to perform checks/verifications because fewer details are available to limit the field of potential matches
Increased costs for employers because checks will be more involved and time-consuming
Some checks may be nearly impossible, particularly when job candidate names are very common

At Employers Reference Source, Inc., our expert team can provide the background screenings you require to ensure the safe, quality workforce you need. Contact us today to learn more about our full spectrum of screening services .

What To Do if Your Employee Refuses To Participate in a Drug Screening

Tue, 05 Oct 2021 18:00:09 GMT

From safety precautions, legal requirements, and insurance compliance to employee protection and productivity concerns, drug screenings have become commonplace for countless employers across scores of industries. Most of the time, the process works smoothly, but occasionally, employees will refuse to participate in a drug screening.

Reasons Employees Refuse Drug Screenings

Of course, some employees will refuse drug screenings because they already know they won't pass. Other instances are more nuanced. Employees may take a prescribed medication they fear will cause a positive result, or may have phobias or concerns about providing a sample or how the process is conducted. Still others may have difficulty with testing times or locations.

When Is Screening Allowed?

For drug tests requested for a potential new hire, most states' laws allow you to refuse hiring someone who will not consent to a drug screening. Current employees may usually be screened if you have reasonable suspicion they are using drugs and that doing so would compromise their performance. In some states, random testing is only permitted for high-risk or safety-sensitive occupations , unless employees have specifically agreed to it already.

Options for Employees Who Refuse Screening

In many states, employers must confirm positive screening results with a second positive test before any disciplinary action may be taken. As long as all screening was done in full compliance with Federal and State testing regulations, appropriate action may be taken, including firing.

Important Considerations

To ensure protection for both employers and employees with drug screenings, we suggest:

Written and clearly communicated drug screening policies
Careful adherence to Federal and State screening requirements
Recognition that laws including the Americans with Disabilities Act (ADA) , privacy, and others may be applicable to both the testing process and employer and employee responses to the process and its results

At Employer Reference Source, Inc., our mission is to help you easily and effectively evaluate current and potential employees to ensure you have the safest, most reliable workforce possible. Contact us today to see how our drug and background screening services can enhance your workplace.

New Hire Paperwork: Why I-9s Are Essential In Your Hiring Process

Tue, 21 Sep 2021 13:00:04 GMT

Frequent news stories about employers penalized and fined for hiring undocumented workers highlight the vital importance of a small but critical part of the hiring process — the Employment Eligibility Verification form, more commonly known by its number, the I-9. This valuable form proves both employment eligibility and verification of an individual's identity, making it useful in hiring citizens and non-citizens alike.

What Is an I-9 Form?

Issued by the federal government's office of Citizenship and Immigration Services (USCIS), the I-9 form is a declaration that an individual is legally eligible to work in the United States. In addition to a worker's contact information and signed attestation of eligibility, it specifies the type (citizen, non-citizen, lawful permanent resident, or alien authorized to work) of employment eligibility along with details of the proof of eligibility presented. Official documentation, such as a passport, Permanent Resident Card, Social Security card, driver's license, and others must be presented as proof. Virtually all employees must have a properly completed I-9 form on file.

Why Are I-9s Important?

Fully completing an I-9 form for every employee is an easy, legally required, addition to your hiring process. Beyond damage to your business reputation, the consequences of incomplete or missing I-9 forms can include hefty fines assessed per violation and other penalties as the result of an Immigration & Customs Enforcement (ICE) audit.

How ERS Can Simplify Your I-9 Compliance

Our electronic entry, processing, and checking system for managing I-9 documentation offers a convenient, efficient, integrated electronic solution for recording, authenticating, and archiving I-9 paperwork, so you have the confidence of knowing employee documentation is complete and verified.

At Employers Reference Source, Inc., our goal is to provide effective, powerful employee screening and verification to help ensure you have a safe, reliable, legal workforce. Contact us today to learn more about our full array of screening services.

Personal Vs. Professional References: What's the Difference?

Mon, 13 Sep 2021 13:00:02 GMT

References are a valuable tool employers can use to evaluate job candidates and gather details that may not be provided by candidates themselves. You may choose to request both professional and personal references, but knowing how to take advantage of the information they unlock is critical.

Why Should Employers Ask for References?

References provide employers and hiring managers an opportunity to learn a little more about potential employees and how they have performed and interacted with coworkers. They can offer details to help you figure out if a candidate exhibits such qualities as:

Responsibility
Cooperativeness
Reliability
Honesty
Other valuable qualities

References are normally either professional (work-related) or personal (not work-related) but should not generally include a candidate's family members.

What Are Professional References?

Professional references are those which are specifically related to the knowledge a colleague or supervisor has from working in a professional capacity with a job candidate. These references can aid in:

Verifying work history
Determining the scope of job responsibilities
Evaluating leadership and teamwork skills
Gauging a candidate's work ethic

What Are Personal References?

Personal references may be provided by a variety of individuals connected to a candidate, including:

Friends from work
Volunteer work associates
Religious connections
School friends and teachers

These references can offer a unique glimpse into a potential employee's personality, helping you create a more complete picture of a potential hire.

How to Utilize References

Of course, employers should contact both professional and personal references for all job candidates under serious consideration for a position. For best results, we recommend preparing a set of questions for both categories of references, in order to gather the most useful and valuable information to inform your search.

At Employers Reference Source, Inc., we can help you make the best use of the references your job candidates provide, from developing the best questions to ask through talking with them on your behalf. Contact us today to learn more about our reference reviews and other screening services to help ensure you hire the best possible candidates.

Top 5 Reasons to Background Screen Your Potential Hire

Thu, 02 Sep 2021 17:06:48 GMT

Hiring new employees to join your team can be overwhelming, between concerns over the accuracy of job applications and résumés, and the challenges of looking behind those applicant-provided details to get a full picture of a candidate. Some fields will require a variety of background checks and screenings because they involve higher risk, are more sensitive, or involve access to restricted information. In reality, screenings for all potential hires can result in savings of time and resources, and can result in better-fit employees for your organization. Here are just a few of the reasons to screen potential hires.

1. Safety

Criminal records, drug use, unsafe driving records, and other behaviors can indicate possible risks for your employees, business partners, and clients.

2. Reduce Liability

Especially if your business involves workers entering customer's homes, transporting people, or direct care, background screenings can reduce your liability for negligent hiring and other claims.

3. Verify Application Details

Naturally, screenings allow you to easily verify the details an applicant has provided, including eligibility to work, work history, military service, academic records, listed credentials, validity of references, and others.

4. Save Time & Effort

Filtering out poor or undesirable matches with screening can save you substantial time by reducing the volume of appropriate candidates to review. It can also help prevent rehiring and retraining if performance problems come to light that would have been caught through screening.

5. Identify Problematic Histories

Screenings can identify behaviors and activities that may not align with your hiring preferences, including histories of fraud, malpractice, financial problems, drug use , other sanctioned activities.

Engaging a professional screening service with the expertise and access to provide guidance and fast, accurate results in compliance with federal, state, and local laws can save you time and resources while reducing your risk and potential liabilities in the hiring process. At Employers Reference Source, Inc., our mission is to offer you the screening services you need and the quality customer service you deserve. Contact us today to learn more about our full range of screening services.

employers-reference-source

Background Screening Compliance: What Does That Mean For Your Business?

What Laws Affect Employer Background Screenings?

Fair Credit Reporting Act (FCRA)

Freedom of Information Act (FOIA)

Americans with Disabilities Act (ADA)

Drivers Privacy Protection Act (DPPA)

The Privacy Act of 1974

Legally Compliant Background Screenings with Employers Reference Source, Inc.

California Senate Bill 1262 Vetoed: Background Check Delays Expected

What Is California Senate Bill 1262?

Why Did Governor Newsom Veto SB1262?

How Will the Veto Affect California Background Checks?

Why Background Checks Matter in the Gig Economy

What Does Gig Economy Mean?

Different Background Checks for Different Gig Workers

Solutions for Gig Workers from Employers Reference Source, Inc.

Employers: Continue Using Existing Form I-9 After October 31, 2022

I-9 Requirements for Employers

Can Employers Use Expired I-9 Forms?

Simplifying I-9 Compliance with Employers Reference Source, Inc.

Top 6 Things to Learn From Social Media Screenings

Top 6 Things to Learn From Social Media Screenings ﻿

1. Red Flag: Illegal Activities

2. Red Flag: Violent Behavior

3. Red Flag: Hate Speech & Intolerant Views

4. Red Flag: Sexually Explicit Content

5. Red Flag: Unprofessional or Inappropriate Workplace Behavior

6. How to Screen Candidates' Social Media Accounts Responsibly

Professional Social Media Screenings with Employers Reference Source, Inc. ﻿

7 Common Questions About Drug Screening in the Workplace

Q: Can Employers Require Pre-Employment Drug Screening? ﻿

Q: Can Employers Select Employees for Drug Screenings?

Q: Is Random Drug Testing of Employees Allowed?

Q: Must Employees Be Informed about Drug Screening?

Q: What If an Employee Refuses Drug Screening?

Q: What About Testing for Marijuana Use?

Q: Can an Employee Be Fired for Failing a Drug Test?

Is E-Verify Mandatory in Your State?

What Is E-Verify?

Is E-Verify Mandatory in Your State?

The Biggest Hiring Challenges in 2022

What Are Employers' Biggest Hiring Challenges?

How Background Checks Promote Employee Retention

Adhering to the Fair Credit Reporting Act (FCRA) & Other Laws

How’s the Latest Job Report Looking?

Employment by Industry

How Background Checks Help Employment Increases

Ban the Box: When Are Criminal Background Checks Legal?

What Does "Ban the Box" Mean? ﻿

When Can I Request a Criminal Background Check?

Who Has Ban the Box Laws? ﻿

Criminal and Background Screenings with Employers Reference Source, Inc. ﻿

Which Background Screenings Are Right For Your Business?

Choosing Background Screenings

Background Screenings with Employers Reference Source, Inc.

Ensuring Your Employees Are Safe Behind the Wheel

What Is a Driving Record Screening? ﻿

Why Are Driving Record Screenings Important? ﻿

Using Care with Driving Record Screening Results

Deterring Workplace Violence With Background Screenings

Why Background Screening Is Important ﻿

The Findings of Specific Screenings ﻿

Is Social Media Screening Right For Your Business?

What Is Social Media Screening?

What Industries Benefit From Social Media Screening?

Social Media Screening Red Flags ﻿

How “Clean Slate” Laws Affect Criminal Background Checks

What Is a Criminal Background Check? ﻿

What Does "Clean Slate" Mean? ﻿

What Do Sealing and Expungement Mean? ﻿

Effects of Clean Slate Laws on Employment and Background Checks ﻿

Which States Are "Clean Slate" States?

Understanding the Fair Credit Reporting Act

Essential Takeaways of the FCRA

Employer Responsibilities

Employee/Candidate Protections & Rights

4 Questions to Ask Yourself to Prevent Discrimination

1. Does your company policy mention anything about criminal history related to hiring decisions? ﻿

2. When was the last time staff were trained on the latest policies and law changes? ﻿

Top 6 Things to Learn From Social Media Screenings

Professional Social Media Screenings with Employers Reference Source, Inc.

Q: Can Employers Require Pre-Employment Drug Screening?

What Does "Ban the Box" Mean?

Who Has Ban the Box Laws?

Criminal and Background Screenings with Employers Reference Source, Inc.

What Is a Driving Record Screening?

Why Are Driving Record Screenings Important?

Why Background Screening Is Important

The Findings of Specific Screenings

Social Media Screening Red Flags

What Is a Criminal Background Check?

What Does "Clean Slate" Mean?

What Do Sealing and Expungement Mean?

Effects of Clean Slate Laws on Employment and Background Checks

1. Does your company policy mention anything about criminal history related to hiring decisions?

2. When was the last time staff were trained on the latest policies and law changes?

3. Is the information that you handle confidential and protected?

4. Does your hiring process avoid questions about protected information?

Timing for Typical Background Checks

What Slows Down Background Checks?

How to Rescreen Employees

What Are EEOC Protections?

When Can You Ask for Background Checks to Meet EEOC Regulations?

How Can You Use Background Check Results in Compliance with EEOC Rules?

4 Critical Background Checks for Employees New to Your Industry

Academic Verifications for Jobs with Education Requirements

Anyone Can Find the Same Information on the Internet

Background Checks Are Too Expensive

Only Large Employers Need to Use Background Screening

Background Checks Slow Down the Hiring Process Too Much

When Can You Choose Not to Hire Based on Background Screening Results?

Failed background screenings must have a relationship to the job in question to be the basis for denying employment.

Meeting legal require ments may mean choosing not to hire.

Criminal records alone are generally not enough to justify a decision to not hire.

Following Adverse Action Compliance

Abo ut I-9 Form Compliance

Employee Responsibilities on the I-9