The controversial EEOC Guidanceon the use of arrest and conviction records remains at the forefront as companies determine how to best apply the revised guidance to their background screening process.   

Most recently, Texas Attorney General Greg Abbott filed suit against the EEOC, arguing that federal guidelines put state agencies in conflict with Texas law when hiring for jobs like state troopers and jailers.

 

Abbott is following the footsteps of the Attorneys General of nine states who sent a group letter to the EEOC protesting the policy discouraging criminal background checks in the hiring process.  Read the  Attorneys General Letter to the EEOC  and the EEOC Response clarifying their position.  

 

 

In a win for employers nationwide, see the Freeman Case where the judge's ruling runs counter to the EEOC Guidance, citing legal considerations.

 

We've included an article about how the Boston School Department is keeping Massachusetts schools safer by identifying criminals from within their ranks and firing them or putting them on administrative leave.

 

Finally, find out how organizations can protect themselves using background screening as an important component of Risk Management.

 

Criminals in schools?   

Let's put safety of children first

 

The Boston School Department deserves praise for putting the safety of its students first and foremost. Recently while conducting system-wide background checks of all of its 9,000 employees, the Department identified 14 employees with criminal charges and either fired or placed them on administrative leave.

 

Criminal records ranged from possession of drugs to rape charges. These were not necessarily convictions, but the Department has a policy proposal on the table for school officials to consider non-convictions in making employment decisions.

 

We recently had a client who was recruiting for a janitorial position at a school. Had the focus been solely on convictions, the person who was "only" arrested 8 times for child molestation - not "convicted" - would have been hired to work in a school. Why hadn't the person been found guilty or convicted, you're wondering? After ordering the police report and full court records, it turned out the witnesses and minor children would not testify against the defendant. Imagine if Jerry Sandusky's victims would not testify; would he still be out there abusing children?

 

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If you were looking through hundreds of resumes, would you be able to spot a liar?  A criminal?  Could you tell a bully from an embezzler during the initial interview?

 

Human resource, recruiting and staffing professionals often find themselves in the position of determining which person is "the best" for a particular job, and serve as the first line of defense in managing the risk of a bad hire at their company.  Someone who lies about their education, past employment or credentials on their resume could charm their way through an interview and turn out to be a legal and financial nightmare for a company.  From the extra costs of recruiting and finding a replacement to potential costly lawsuits, one 'bad apple' can wreak havoc on the entire organization.

 

Background screening, verification checks and drug screening can help minimize the risk of hiring a less-than-stellar employee.  It's important to consider a screening company that is compliant with ever-changing regulations and employment policies, and has access to updated, thorough records.   States Christine Cunneen, CEO of Hire Image LLC,  "In performing thousands of background checks in 2012, more than 45% of applicants had misleading information on their job applications, mostly linked to falsifying their education or credentials." According to the Association of Certified Fraud Examiners (2002 study), resume fraud alone costs businesses an estimated $600 billion annually, or about $4,500 per employee.  This includes costs of productivity, turnover, bad publicity, lost clients and costly litigation.

 

Hire Image LLC is a specialist in the field of background screening, drug testing and verification services. Our priority is to provide timely background screening reports, thus enabling clients to make well-informed hiring and/or retention decisions. We work with organizations nationwide, from small businesses and associations to large corporations, in all industries. Our clients are best served through our exceptional support system and customized reporting, which is tailored specifically to meet their needs. By considering ourselves a partner with each client, our success is based upon their success.