Both job candidates are equally qualified! Who would you hire?

Background Check Results Nancy Kate Bounced check for $62.35 Possession of marijuana Jared Parking violation After reviewing background information, Nancy Kate failed to meet company standards. Therefore, we hired Jared!

Background Checks Nancy Kate Williams Linda Feist Lauren Neville Louie Giacomini Matt Aschemeyer Jared Hall

Overview What can and cannot be included in background checks Confidential Records Background checks used for adverse action Misdemeanor Offenses Protecting yourself against background checks Background check discussion

What can be included in a background check? Driving records Past employers Education records Credit Records Court Records Criminal Records Drug Test Records

What Cannot Be Included According to the Fair Credit Reporting Act: Bankruptcies after 10 years Civil suits and judgments Accounts placed for collection after 7 years Any other negative information (except criminal convictions) after 7 years

Confidential Records Employer must get your permission to obtain: Education Records This includes transcripts, discipline records and financial information. However, the school may release your name, address, dates of attendance, degrees earned and activities unless you have given written notice otherwise. Military Records Medical Records

Using Background Checks for Adverse Action If an employer, such as Rosse Corp., uses information from a background check for denying the job applicant, terminating the employee, or rescinding a job offer, they must take the following steps: Before action is taken, employer must give the applicant a copy of the report and an explanation of the applicants rights under the FCRA. After the action is taken, the applicant must be given: a document containing the name, address and phone number of the screening company; a statement the screening company did not make the adverse decision (rather that the employer did); and a notice that the individual has the right to dispute the accuracy of the report.

Misdemeanor Offenses Some states limit consideration of misdemeanor infractions to only job related issues. California, Hawaii, Massachusetts, Minnesota, New York Misdemeanor Convictions in Employment Consideration. HR Magazine. A few states never consider misdemeanor infractions to be job related. See “fridge bounced check” case handout.

What You Can Do To Protect Yourself? In states where misdemeanor background checks are performed: Check personal court records Court records are not always updated correctly. For example, charge reductions and clerical errors. Order a copy of your credit report Check DMV records

Facts on Background Checks…Are They Accurate?…Are They Job Related? Drug tests commonly have error rates of 60%. 2/3 of the nations largest corporations hire private investigators to gather information about employee’s private lives. Employers are not bound by the same constitutional limits as the government. Read email, check voicemails, wire tap, check anything on computer, internet history, “probe your innermost thoughts” with psychological tests, etc. Big Brother and the Workplace. Hoovers Digest. 2003