TABB INC. Pre-Employment Screening

FTC Announces Rule Banning Non-compete Agreements FTC states that this final rule will generate over 8,500 new businesses each year, raise worker wages, lower health care costs, and boost innovation. Or, will there be unintended consequences? What you you think? Please click ti review the FTC announcement: https://lnkd.in/g-C3FUs5 To follow me, please click: https://lnkd.in/eymKPrcA #SHRM #HumanResources #HREN #HRCIRCLE #backgroundcheck #backgroundscreening #recruiting #HackingHR #DisruptHR #GetHired #HRforHR #LinkedInHR #talentsolutions #LinkedInforRecuiters #CXR #recruiter #talentmanagement #duediligence

California's Evolving Restrictions on Criminal Record Checks. Are restrictions coming to your state? A statewide criminal record check cannot be conducted in California through state agencies such as the California Highway Patrol, or other state entity. Criminal record research must be conducted at the County court level and only offenses committed in the County that is searched will be developed. Rather than prohibiting a County criminal record research in Los Angeles County, the county judicial system has decided to redact the date of birth from all criminal records. Background vendors are prohibited from reporting a record without a minimum of two identifiers such as two of the following, a date of birth, or an SSN. As a result, Los Angeles County is negating criminal record checks in the most populated county in California. Without the due diligence of a criminal record check, dangerous individuals will end up in employment scenarios, such as the healthcare industry, where the public, or employees could be victimized. Los Angeles County Court redaction of the date of birth will place individuals at risk. Employers can expect that other California counties will follow the lead of Los Angeles, and also redact the date of birth from criminal records. The Seven-Year Lookback Rule: Once a conditional offer is made, employers can conduct a background check. California employers should be aware that background vendors can only report convictions that occurred within the past seven years. Offenses that occurred beyond seven years cannot be reported. This rule aims to ensure that decisions are based on an applicant's qualifications, and not solely on a prior criminal record. Individualized Assessment: Similar to EEOC guidance, California law mandates a fair and individualized assessment of any criminal record discovered after a conditional offer. Employers must consider several factors, including: ·        The nature and severity of the crime ·        The time elapsed since the conviction ·        The relevance of the crime to the specific job duties and responsibilities ·        Any mitigating circumstances surrounding the crime In a step beyond EEOC guidance, California Employers must also provide a written explanation to the applicant if they intend to rescind the offer based on the criminal record. This explanation must detail the specific reasons for the decision and demonstrate how these reasons connect to the job requirements. This article provides a general overview and should not be considered legal advice. To follow me, please click: https://lnkd.in/eymKPrcA #SHRM #HumanResources #HREN #HRCIRCLE #backgroundcheck #backgroundscreening #recruiting #HackingHR #DisruptHR #GetHired #HRforHR #LinkedInHR #talentsolutions #LinkedInforRecuiters #CXR #recruiter #talentmanagement #duediligence #EEOC #FCRA #banthebox

Do you have a policy in place to report sexual harassment and discrimination? Failure to do so can be costly, destroy your company brand, and create a hostile work environment. A policy is not enough. An employer must create and communicate how employees can report harassment to the corporate HR office. Employers with multiple locations, such as restaurants, retail stores, and branch offices, must be particularly diligent. In far too many cases, employees dread coming to work and face a gauntlet of insults. In this particular case, Red Robin agreed to shell out $600,000 as part of an EEOC settlement due to repeated offensive sexual comments, leering and touching multiple female workers, and retaliation when employees complained. Several employees quit. Additionally, Red Robin must review its policies and procedures regarding sexual harassment, discrimination, and retaliation and provide managers and employees with regular training. How about you will be fired if you do not follow harassment policies? May Che, EEOC attorney, stated, "When one female employee complained about the sexual harassment, Red Robin's general manager told her that the harasser just got out of jail and that is just the type of person he is." Was the general manager fired? Termination is the only message that works every time it is utilized. https://lnkd.in/eymKPrcA

ADP criminal record reporting errors result in a lawsuit.    News outlets report that ADP, a prominent player in the background-check screening industry, has faced multiple lawsuits for failing to adhere to the provisions of the Fair Credit Reporting Act (FCRA). In a recent case, ADP's background-check screening arm erroneously reported an individual in Connecticut as a convicted drug dealer, even though this person had a clean record.    Does your vendor have a system in place to review the accuracy of a criminal record and confirm that the identifiers in the record match those of your candidate? The employer revoked the job offer in response to the incorrect report. The heart of the matter lies in the allegation that ADP violated the FCRA by failing to "follow reasonable procedures to assure maximum possible accuracy." The FCRA places a heavy emphasis on accuracy in consumer reports, including background checks, to protect the rights of job candidates.   This case is emblematic of a broader issue in the background check industry. To compete with other vendors and meet the demands of HR departments for expedited onboarding processes, many background-check companies have turned to what they euphemistically term "Artificial Intelligence criminal research." These vendors, including ADP in this case, employ automated bots to scrape data from the internet, compiling vast databases with limited personal identification information. The lack of robust identifiers often leads to the incorrect reporting of criminal records, as demonstrated here.   The most crucial issue underscored in this case is that the employer diligently followed the Fair Credit Reporting Act requirements by initiating notification to the candidate and offering the opportunity to dispute the results. Employers must maintain a systematic process to document FCRA compliance and conduct bi-annual audits to ensure that candidate rights are upheld and mitigate the risk of costly legal disputes.    TABB INC. is one of only 125 vendors in the country that has successfully completed the rigorous PBSA accreditation process. Although there are thousands of background companies in the country, employers should only utilize the services of an accredited vendor. What does the accreditation mean? TABB INC. has committed to uphold and deliver the highest level of service and exceed industry standards.      To follow me, please click: https://lnkd.in/eymKPrcA #SHRM #HumanResources #HREN #HRCIRCLE #backgroundcheck #backgroundscreening #recruiting #HackingHR #DisruptHR #GetHired #HRforHR #LinkedInHR #talentsolutions #LinkedInforRecuiters #CXR #recruiter #talentmanagement

How long will your background vendor archive your screening reports? A prospective healthcare client contacted our office regarding a Joint Commission audit that requested copies of background screenings that were conducted between five and 10 years ago. Their current background vendor could not provide copies for the audit. The average screening vendor will purge screening reports after only one, or two years. After that, the report cannot be retrieved. If you are in the healthcare field, the Joint Commission will likely request copies of background investigation reports that are beyond the purge date to confirm your screening complies with your policies and procedures. The reports will not be available in most cases. Other industries may face the same auditing processes. The most important factor in the background screening process is to confirm your due diligence during the hiring process. If an incident occurs in your workplace, a copy of the screening report will confirm your due diligence, but cannot confirm if the report is not available. When screening prospective background vendors, Human Resources should add the vendor’s policy to purge data, and reports to your list of questions. TABB INC. will have screening reports available to our clients for a minimum of 15 years. To follow me, please click: https://lnkd.in/eymKPrcA #healthcare #jointcommission #JCAHO #healthcarescreening #backgroundscreening #backgroundcheck #JCAHOaudit #recruiting #recruiters #onboarding #talentacquisition #FCRA

How is it possible that a vendor can incorrectly report that a candidate was convicted of murder? ADP’s background screening division was sued for violating the FCRA due to its failure to implement “reasonable procedures to assure the maximum possible accuracy of the information” after incorrectly reporting that a candidate was convicted of murder. Specifically, the date of birth and Social Security number of the individual in the record did not match the candidate’s personal identifiers. Why was this record reported to the candidate’s employer? While the method utilized by ADP to conduct the criminal record check is unknown, the majority of background vendors utilize what is called an Artificial Intelligence search that scrapes the Internet for publicly available information rather than conducting a criminal record search through a primary source such as the State Police or other agency. Numerous background investigation companies have been sued as a result of misinformation developed through AI record checks. A state agency will not report a criminal record to a background vendor if the personal identifiers do not match those of the individual submitted for the search. A primary source criminal search would not have reported the record that landed ADP in hot water. ADP settled a previous lawsuit relating to inaccurately reporting that a candidate was a convicted drug dealer. Human Resources should consider mandating that your background vendors only conduct primary source criminal record checks to avoid litigation. Additionally, employers must carefully review the criminal record results and confirm that the candidate’s PII matches those of the individual indicated in the record. As a reminder, the FCRA requires an employer to follow the pre-adverse and adverse action process if it intends to deny an employment opportunity, in whole or in part, due to information in a background report. To follow me, please click: https://lnkd.in/e2QSgKRK #SHRM #HumanResources #HREN #HRCIRCLE #backgroundcheck #backgroundscreening #recruiting #HackingHR #DisruptHR #GetHired #HRforHR #LinkedInHR #talentsolutions #LinkedInforRecuiters #CXR #FCRA #Criminalrecord

How is it possible that a vendor can incorrectly report that a candidate was convicted of murder? ADP’s background screening division was sued for violating the FCRA due to its failure to implement “reasonable procedures to assure the maximum possible accuracy of the information” after incorrectly reporting that a candidate was convicted of murder. Specifically, the date of birth and Social Security number of the individual in the record did not match the candidate’s personal identifiers. Why was this record reported to the candidate’s employer? While the method utilized by ADP to conduct the criminal record check is unknown, the majority of background vendors utilize what is called an Artificial Intelligence search that scrapes the Internet for publicly available information rather than conducting a criminal record search through a primary source such as the State Police or other agency. Numerous background investigation companies have been sued as a result of misinformation developed through AI record checks. A state agency will not report a criminal record to a background vendor if the personal identifiers do not match those of the individual submitted for the search. A primary source criminal search would not have reported the record that landed ADP in hot water. ADP settled a previous lawsuit relating to inaccurately reporting that a candidate was a convicted drug dealer. Human Resources should consider mandating that your background vendors only conduct primary source criminal record checks to avoid litigation. Additionally, employers must carefully review the criminal record results and confirm that the candidate’s PII matches those of the individual indicated in the record. As a reminder, the FCRA requires an employer to follow the pre-adverse and adverse action process if it intends to deny an employment opportunity, in whole or in part, due to information in a background report. To follow me, please click: https://lnkd.in/e2QSgKRK #SHRM #HumanResources #HREN #HRCIRCLE #backgroundcheck #backgroundscreening #recruiting #HackingHR #DisruptHR #GetHired #HRforHR #LinkedInHR #talentsolutions #LinkedInforRecuiters #CXR #FCRA #Criminalrecord

How is it possible that a vendor can incorrectly report that a candidate was convicted of murder? ADP’s background screening division was sued for violating the FCRA due to its failure to implement “reasonable procedures to assure the maximum possible accuracy of the information” after incorrectly reporting that a candidate was convicted of murder. Specifically, the date of birth and Social Security number of the individual in the record did not match the candidate’s personal identifiers. Why was this record reported to the candidate’s employer? While the method utilized by ADP to conduct the criminal record check is unknown, the majority of background vendors utilize what is called an Artificial Intelligence search that scrapes the Internet for publicly available information rather than conducting a criminal record search through a primary source such as the State Police or other agency. A state agency will not report a criminal record to a vendor if the personal identifiers do not match those of the individual submitted for the search. A primary source criminal search would not have reported the record that landed ADP in hot water. Numerous background investigation companies have been sued as a result of misinformation developed through AI record checks. ADP settled a previous lawsuit relating to inaccurately reporting that a candidate was a convicted drug dealer. Human Resources should consider mandating that background vendors only conduct primary source criminal record checks to avoid litigation. Additionally, employers must carefully review the criminal record results and confirm that the candidate’s PII matches those of the individual indicated in the record. As a reminder, the FCRA requires an employer to follow the pre-adverse and adverse action process if it intends to deny an employment opportunity, in whole or in part, due to information contained in a background report. To follow me, please click: https://lnkd.in/eymKPrcA #SHRM #HumanResources #HREN #HRCIRCLE #backgroundcheck #backgroundscreening #recruiting #HackingHR #DisruptHR #GetHired #HRforHR #LinkedInHR #talentsolutions #LinkedInforRecuiters #CXR #recruiter #talentmanagement

Are you tired of dealing with a painful background screening process? Our strategic screening solutions includes U.S.‑based account managers and experienced researchers who will reduce recruiting pain points and have a positive impact on your hiring processes, and the candidate experience. Can you speak directly with the person conducting a background check on your candidate? The background industry generally divides each background check into pieces and assigns professional references, employment and education verifications, and criminal research to multiple people so that a single background check on a candidate can have three, four, or more individuals working on your candidate’s report. Our solution is direct accountability. Only one researcher handles all aspects of each pre-employment background check. Our researcher's name, phone number and email address are included in every background investigation report we create. Recruiters and hiring managers are encouraged to contact our researchers and discuss any aspect of the background investigation, request special handling, and additional research. This interaction results in an important professional rapport and a better understanding of how we can provide information you require to make an informed hiring decision on an expedited basis. Our researchers and client recruiters are on a first-name basis. TABB INC. is one of only 125 vendors out of the thousands of screening companies in the country that has successfully completed the rigorous PBSA accreditation process. Find out why TABB INC. is a better alternative. To contact us, please click: https://lnkd.in/eka6ssgU To submit your request for proposal, please click: https://lnkd.in/ejcPFnfp #SHRM #HumanResources #backgroundcheck #backgroundscreening #recruiting #HackingHR #DisruptHR #GetHired #HRforHR #LinkedInHR #talentsolutions #LinkedInforRecuiters #backgroundcheck #backgroundscreening #recruiter #talentmanagement

How will potential fines affect your use of AI? Proposed state legislation regarding AI utilized by HR in decision-making processes due to concerns over potential discrimination could be so onerous that employers will forgo the use of AI. Please offer your opinion on the proposed California AI legislation that can result in civil actions against employers. Social and legislative trends that start in California have a tendency to spread across the country. The California bill, Prohibiting Algorithmic Discrimination – AB 2930 (Bauer-Kahan) prohibits employers from utilizing AI that result in a “consequential decision” due to “algorithmic discrimination.” Employers could face civil action that could result in a fine of $25,000 per violation if: ·        the employer uses an automated system to make decisions regarding pay, promotions, hiring, termination, or automated task collection; and ·        the automated system contributes to unjustified treatment or impacts disfavoring employees based on race, color, ethnicity, or other legally protected classification. How will employers weigh the AI risk/reward equation when faced with potential state and EEOC penalties due to discrimination, even unintended discrimination? A post I submitted last week reported the first EEOC settlement of an AI discrimination case. Will ATS scanning of resumes and employment applications be included in civil actions for AI discrimination? To follow me, please click: https://lnkd.in/e2QSgKRK #SHRM #AI #HumanResources #HREN #HRCIRCLE #backgroundcheck #backgroundscreening #recruiting #HackingHR #DisruptHR #GetHired #HRforHR #LinkedInHR #talentsolutions #LinkedInforRecuiters #CXR #EEOC #FCRA #talentsolutions #recruiter #careerbff #AI