| Staying
on the right side of compliance can be bit a tricky. Hirease
understands the importance of due diligence, compliance
and doing what’s right for potential employees and
for the company. We’ve created a compliance process
to help companies stay the course of compliance.
At
Hirease, there is always
a friendly, helpful person available to answer your
questions about compliance and to help you make smarter
hiring decisions faster.
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WHAT
IS THE "GOLD STANDARD" FOR BACKGROUND
SCREENING? |
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Applicant must expressly authorize screen |
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Applicant must be given notice before any
negative information is used against him/her |
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Screening agency must investigate applicant
claims that the report is inaccurate or incomplete |
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Report may only be used for a permissible
purpose (e.g. Employment Screen) |
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CAN
THE AUTHORIZATION AND RELEASE BE STORED WITH THE
EMPLOYMENT APPLICATION? |
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| Yes,
the release and application can be stored together
in a secured environment (for example, locked in
file cabinet). |
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IF
WE ARE DOING A CRIMINAL BACKGROUND CHECK, DO WE
STILL NEED A RELEASE? |
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| Under
the FCRA, yes, it applies to any consumer information. |
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CAN
I CHECK FOR PREVIOUS WORKERS COMPENSATION CLAIMS
PRIOR TO MAKING AN OFFER? |
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| According
to the ADA, workers compensation checked pre-offer
has been ruled as discriminatory for the past 10
years. If checked post offer, you can’t choose
not to hire an applicant based on the results, but
the individual can be placed in a situation where
they cannot incur the same or a substantially similar
type of injury again in the workplace.
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CAN I WITHDRAW AN OFFER FOR A CONVICTED FELON PRIOR
TO SENDING ADVERSE ACTION AND RECEIVING A RESPONSE? |
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| No,
under the FCRA, if you are taking adverse action
based upon the results of a consumer investigative
report, you must send a pre- and post-adverse
action letter. |
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HOW
DO I MANAGE RECORD KEEPING? |
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| Background
screening companies, like Hirease
, generally retain applicant information for seven
years, however this can vary by state. If you
keep the reports, keep them in a locked, secured
environment for a period of seven years. It is
not suggested to keep them electronically on your
computer system. If you do keep them on a computer
system, ensure that the information is in a password-protected
file. |
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ARE
THERE REGISTERED AGENCIES WITHIN THE NATIONAL ASSOCIATION
OF PROFESSIONAL BACKGROUND SCREENERS? |
|
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| No,
all are members and have paid dues. NAPBS is made
up of 300+ companies engaged in pre-employment
and tenant screening. Hirease is a founding member
of the NAPBS. |
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NAPBS WAS ESTABLISHED TO: |
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Promote ethical business standards and practices
for screening |
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Promote compliance with the FCRA |
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Foster awareness of issues related to consumer
protection and privacy rights |
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Advocate industry needs to local, state and
federal lawmakers. |
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WHAT
CAN WE LEGALLY DO WHEN THERE IS A WARRANT OUT ON
THE APPLICANT? |
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| Call
the arresting agency immediately. The company
is legally bound to protect the welfare of its
employees. |
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HOW
DOES THE EEOC IMPACT EMPLOYMENT SCREENING?
|
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| The
screening agency must work to help employers use
the data correctly in accordance with EEO laws.
Information used to determine eligibility for
employment must be job related. A criminal record
cannot be used to automatically disqualify an
applicant, unless there is a business justification. |
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WHAT IS THE OFAC, TERRORIST
SEARCH? |
|
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| The
Global Report™ Patriot Act Name Search includes
the following U.S. and foreign sanctions and watch
lists. Lists notated with an asterisk (*) indicate
a geographic-based sanctions list. Additional
sanctions and watch lists will be added as U.S.
or foreign governments and international organizations
release them.
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TYPES
OF WATCH LISTS INCLUDE (CURRENTLY): |
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>>
>>
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OFAC Sanctioned Countries, including Major
Cities & Ports*
Non-Cooperative Countries and Territories*
Department of State Trade Control (DTC) Debarred
Parties
U.S. Bureau of Industry & Security (formerly
BXA) |
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>>
Unverified Entities List
>>
Denied Entities List
>>
Denied Persons List
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>>
>>
>>
>>
>>
>>
>>
>>
>>
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FBI Most Wanted Terrorists & Seeking Information
FBI Top Ten Most Wanted
INTERPOL Most Wanted List
Bank of England Sanctions List
OSFI - Canadian Sanctions List
United Nations Consolidated Sanctions List
Politically Exposed Persons List
European Union Terrorism List
World Bank Ineligible Firms |
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| *
Information provided in part by SHRM, NAPBS, SHL,
Inc. and Bruce Berg |
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