employeescreenIQ

Are the criminal background checks being performed on NASA employees a violation of privacy?

The Supreme Court recently announced that it will answer that question about employees at NASA's Jet Propulsion Laboratory in California who were classified as "low risk", according to an article by Reuters.

The question came about after some longtime employees decided to legally challenge the organization's in-depth checks for information on medical treatment, counseling for drug use, or any other "adverse" information.

After NASA implemented a policy requiring everyone to undergo a background check before being allowed access to the facility, a group of 28 scientists, engineers and administrative personnel sued the organization and challenged the investigations for violating constitutional privacy rights.

Although a federal judge ruled in favor of NASA, a U.S. appeals court disagreed and ruled that NASA should not be allowed to conduct such invasive background checks, but the Obama administration has now appealed to the Supreme Court.

The laboratory, which is owned by NASA and operated by the California Institute of Technology, is known for developing satellites, rockets, spacecraft and telescopes.

NASA currently requires scientists, engineers and all other employees at the laboratory to undergo background investigations. All positions are filled by contract employees, who could be fired if they do not agree to undergo criminal background checks.

Lawyers for NASA have argued that the ruling by the appeals court has prevented the routine background checks of many government contract employees, as well as cast constitutional doubt on a process that has been used for more than 50 years.

Lawyers for the employees, on the other hand, are questioning why NASA decided to implement the background checks for the first time in more than 50 years. They also note that the laboratory is located on an open campus, has limited security and welcomes outside visitors.

Labels: Criminal background checks

A recent incident is causing some local officials to question the depth of background checks and criminal records (Click here) performed on constables.

Dallas County Judge Jim Foster is requesting that the Dallas County Sheriff's Department conduct background checks on some deputy constables to make sure they are qualified for the job. This concern came about after a lieutenant in Precinct 5 was charged with minor felonies during a constable investigation.

An investigation by The Dallas Morning News found that before Constable Jaime Cortes hired Lieutenant Howard Watson, he was wanted in California in connection with a large legal judgment and child support, and previously faced criminal charges that were eventually thrown out.

Because of that information, Foster plans to put the idea of requiring additional background checks for other deputies in Precinct 5 up for a vote. Commissioners Maurine Dickey and Kenneth Mayfield have come out in support of the idea.

"I want this court to order that this precinct submit each and every person to undergo a complete and thorough background check," Foster told TDMN. "We've already seen evidence that it's not being done."

Lawrence Friedman, the lawyer representing Cortes, said he will go along with the idea if Foster, Dickey and Mayfield consent to background checks themselves. He said the three are neglecting the duties they were elected to perform by concerning themselves with constables' affairs.

Currently, the Dallas County Human Resources department only performs preliminary background checks on new constable employees, which include such things as education verification. The constables are then responsible for conducting additional employee background checks, such as contacting previous employers and verifying other information.

Labels: Background checks and criminal records

As so many people seek jobs in education, and those positions are sensitive and require a trustworthy employee, it's extremely important to make sure you hire the right worker for the job.

The education industry has long remained a fast-growing and popular career choice. During January, the industry employed 3,094,400 workers and had an unemployment rate of 5.9 percent, which is much lower than the national unemployment rate for all industries of 9.7 percent.

It's vital to maintaining a safe learning environment that schools properly screen teachers, faculty, janitorial staff, teaching assistants, coaches and other extra-curricular staff. Here are some sample background checks to conduct on potential school employees:

• Social Security number trace - This procedure, which also includes an address history search, authenticates that the Social Security number an applicant provides is associated with an individual of the same name and birth date. The Social Security number trace reveals addresses that are used to select court jurisdictions in which to check for criminal records, and also will reveal any aliases.
• Education verifications - This confirms the schools the candidate attended, diplomas they received, degrees and certificates they were awarded and any additional information available.
• Employment verifications - This verifies information on an applicant's resume, including dates of employment, starting and ending positions and salaries, reason for termination, and eligibility for rehire. It also may include interviews with former supervisors.
• County criminal records search - This consists of an on-site manual search for the superior, upper, lower and municipal court records available in each county. These records will indicate whether or not a candidate has had a felony, misdemeanor or infraction within the last seven years or longer. The end result includes date of arrest, date of filing, charges, level of charges, disposition date, final disposition of charges and any sentence or penalty.
• National criminal records database search - These aggregate databases are comprised of millions of records from various sources, including county court houses, state departments of incarcerations, state record repositories, probation departments, townships and sex offender registries.
• Federal criminal record search - Cases found through these searches typically involve violations of the Constitution or federal law, including things such as tax evasion, embezzlement, bank robbery, kidnapping and mail fraud. Federal criminal convictions will not appear in state or county felony and misdemeanor court record searches.
• Homeland security check - This cross references an applicant's name against more than 90 worldwide known terrorist and fugitive databases that include individuals, organizations and companies considered to be a threat to global and national security. The Homeland Security database is updated daily as various lists are modified.
• Sex offender registry - This multi-state search provides sex offender case information from such sources as: bureaus of investigation, departments of law enforcement, departments of corrections, departments of justice, departments of public safety, sheriff's departments, state attorney general's offices and state police.
• Substance abuse screening - This can include physical exams and urine, hair or saliva testing for various substances.

Labels: Sample background checks

A criminal background check can help employers of all sizes avoid making bad hires. Visit http://employeescreen.com to learn more.

There are many things to take into consideration during the hiring process, and while you may be drawn to certain candidates because of their experience, educational background or personality, it's important to find out everything you can about an applicant before offering them a job.

The best way to ensure a job seeker is who they say they are is by conducting a criminal background check on them. Most importantly, these checks will confirm the accuracy of the information a candidate provides on their resume or during an interview.

Criminal background checks also can weed out applicants who are unfit for or dangerous to your workplace because of things like a criminal record. Keep in mind that before conducting a check, you must first get the candidate's permission and consult the Fair Credit Reporting Act to determine what information you can and cannot access.

Here are four other steps you can take to avoid problems while hiring, as compiled by The Wall Street Journal:

1. Use a formal job application - This should request a candidate's full name, address, education, employment record and references. All of this information can give you a better look into someone's background than the information they may provide on a resume or during an interview. You also can state on the application that supplying false information can lead to dismissal.
2. Ask tough questions - After you've carefully reviewed the application, it's important to ask probing questions during the in-person interview, especially about gaps in employment. While a lag in employment is usually explained by attending school, changing careers or caring for a child, it also can mean the inability to hold down a job, a sudden dismissal or prison stay. You also can arrange for other employees at your company to meet the candidate in order to get a second or third opinion.
3. Call former employers and check references - This will help you verify the person's employment and salary history. The best question to ask a former employer is whether or not the candidate is eligible for rehire.
4. Invite a potential hire for a paid tryout - This will help you learn a lot about a candidate, including how well they fit into your business environment. You can ask them to work on a test project or spend a trial day in your office, which is a great way to test an applicant's technical skills.

Labels: Criminal background check

If you've ever been convicted of a crime, or even accused of one, you know how much it can change nearly every aspect of your life, and potentially harm your chances of future employment.

However, many companies are willing to hire people who have had certain criminal convictions, so that should not deter you from searching for and applying to open positions. So what shows up in a background check if you've been accused or convicted of a crime?

As dictated by the Fair Credit Reporting Act, a background check can reveal a number of facts about criminals, including:

• Court records
• Incarceration records
• Criminal records
• Drug test records
• Sex offender lists

For those who have been accused of a crime, there is some information that employers are not legally allowed to access through a background check. That information includes: civil suits, civil judgments and records of arrest after seven years, as well as other negative information, except criminal convictions, after seven years.

Fortunately for employers, the FBI has reported that law enforcement agencies throughout the nation saw a 4.4 percent decrease in the number of violent crimes during the first six months of last year when compared to the first six months of 2008.

In addition, property crimes throughout the country decreased by 6.1 percent during that same period, while arson decreased by 8.2 percent.

These statistics are a nice change from previous years, when both violent and property crimes mainly increased, as shown in the graph below from the Bureau of Justice Statistics:

Labels: What shows up in a background check

Whether you're a recruiter, employer or job seeker, it's important to know what the top criminal background check tends will be this year. Visit http://employeescreen.com to learn more.

Employment Screening Resources recently its "Third Annual Top Ten Trends in the Pre-Employment Background Screening Industry" report for this year. The report includes new trends that are beginning to make a difference and old trends that have evolved over time.

The top 10 criminal background check trends are:

1. Increased focus on whether credit reports and criminal records are discriminatory.
2. More lawsuits, including class action litigation over accuracy, privacy and consumer rights.
3. Increased pressure on privacy and data protection, especially as it relates to the location of the data.
4. The battle over databases will continue - with the latest issue being the proliferation of cheap "do-it-yourself" Web sites and iPhone apps.
5. Increased need for employer vigilance.
6. Lawsuits for using social networking sites.
7. Increased technology, signaling the end of paper and faxing for employment screening.
8. I-9 and other government requirements will grow.
9. Screening will expand beyond new employees to vendors and others on premises.
10. International screening will be more prevalent.

Another big trend will be the increased professionalism of the screening industry. This comes about with the growing presence of the National Association of Professional Background Screeners, which has established itself as the voice of the screening industry and is fostering higher levels of professionalism.

The organization, which was founded in 2003, was formed "to promote ethical business practices, promote compliance with the Fair Credit Reporting Act and foster awareness of issues related to consumer protection and privacy rights within the background screening industry."

As of late, the NAPBS has pushed for its members to approve an accreditation program, which would give employers more confidence when selecting a background check company. An accreditation program would provide a baseline of professional competency that employers can rely on.

Labels: Criminal background check

While employers in nearly every industry are now conducting background checks on potential candidates, it is perhaps most important for employees in the healthcare industry to undergo these checks.

Healthcare workers are among the most trusted by the general public - they receive all kinds of confidential information and are often left alone with vulnerable people - and are sometimes literally responsible for holding a patient's life in their hands.

Here is a sample background check for fictional John Doe, who is applying for Las Vegas nursing jobs, as if it were completed by EmployeeScreenIQ:

Social Security number traces (address history search):
-Verifies that the Social Security number provided by Doe is associated with an individual of the same name and that the date of issue range aligns with his birth date.
-Provides an address history that corresponds with the areas of the country where Doe has lived, worked, attended school or spent other significant time.
-Provides a road map for court jurisdictions that should be researched for Doe's criminal records.
-Provides any alias names associated with Doe.

County criminal checks:
-Searches the superior, upper, lower and municipal court records available for Doe in each county.
-Doe's records would include: arrest, date of filing, charges, level of charges, disposition date, final disposition of charges and any applicable sentence or penalty.

Federal criminal court searches:
-Identifies any of Doe's criminal activity prosecuted through the federal court system, including: tax evasion, embezzlement, bank robbery, kidnapping or mail fraud.

National criminal checks:
-Collects information on Doe from county court houses, state departments of incarcerations, state record repositories, probation departments, townships and sex offender registries.

Sex offender registry:
-Reveals any sex offender information about Doe from bureaus of investigation, departments of law enforcement, departments of corrections, departments of justice, departments of public safety, sheriff's departments, state attorney generals' offices and state police.

Education verifications:
-Confirms the schools Doe attended, the dates he attended those schools and the degrees and certificates he was awarded.

Employment verifications:
-Verifies the information on Doe's resume, including dates of employment, starting and ending positions, salaries, reason for termination and eligibility for rehire.

EmployeeScreenIQ's healthcare screening services also includes substance abuse screening, professional license verification and OIG/GSA sanctions check.

Labels: Sample background check