21 YEARS BACKGROUND SCREENING EXPERIENCE

COMPLIANCE, FCRA, BACKGROUND SCREENING

EXPERT

ADVANCED FCRA CERTIFICATION

CRIMINAL JUSTICE DEGREE

HRO TODAY MAGAZINE HR SUPERSTAR, 2018

HRO TODAY BAKER’S DOZEN LIST 2016, 2017, 2018

BACKGROUND SCREENING CREDENTIALING

COUNCIL, PAST CHAIR

RECIPIENT, ST. LOUISANS TOP PEOPLE TO KNOW TO

SUCCEED IN BUSINESS

BOARD OF FELLOWS, THE UNIVERSITY OF TAMPA

FOUNDING MEMBER OF NAPBS

MEMBER OF SHRM, CEO COUNCIL OF TAMPA BAY

REALLY COOL GUY

DEMYSTIFYING THE WORLD OF APPLICANT SCREENING IN THE HIRING PROCESS

www.mbiworldwide.com 866-275-4624

WE ARE IN A TIME OF GREAT TECHNOLOGY BUT IS THERE TOO MUCH INFORMATION?

INFORMATION OVERLOAD!

WHAT HAS CHANGED IN THE LAST FIVE YEARS?

→TECHNOLOGY IS ADVANCING TENFOLD EVERY 6 MONTHS, FASTER, MORE EFFICIENT AND MODERN WAYS TO

→COLLECT DATA

→DATA COMPANIES ARE SHARING MORE INFORMATION

→SOCIAL MEDIA IN THE PUBLIC DOMAIN (YOU WILLINGLY SHARE PERSONAL INFO) How will HR handle our kids

when they are ready for the workforce?

WHAT DATA CAN BE OBTAINED IN THREE SECONDS WITH ONLY NAME, AGE, CITY?

GOVERNMENT REGULATES WHAT INFORMATION CAN BE REPORTED TO EMPLOYERS

→BIAS – DO WE KNOW TOO MUCH ABOUT AN APPLICANT NOW? .YOU NEVER FORGET WHAT YOU SEE

RECENT EXAMPLE IS JUDGE KAVANAUGH

→HOW DO YOU CONTROL THIS INFORMATION?

→HOW DO YOU EVALUATE THIS INFORMATION?

AN EMPLOYMENT BACKGROUND SCREENING COMPANY MAY NOT BE WHAT YOU THINK!

A CONSUMER REPORTING AGENCY (CRA)

• AS DEFINED BY THE FEDERAL TRADE COMMISSION (FTC)

• NOT A P.I. FIRM

• SIMILAR TO A CREDIT BUREAU - i.e. TransUnion

• GOVERNED BY THE FAIR CREDIT REPORTING ACT (FCRA)

A PARTNER AND RESOURCE FOR COMPLIANT ON-BOARDING

• NEVER ACT AS LEGAL COUNSEL

• CAN ASSIST YOUR LEGAL COUNCIL IN NAVIGATING THE LEGAL

COMPLEXITIES OF APPLICANT SCREENING

• FAST, EFFICIENT AND COST-EFFECTIVE SCREENING SOLUTIONS

WHAT IS AN EMPLOYMENT BACKGROUND CHECK?

Public RecordsCriminal RecordsCivil RecordsSex Offender RegistriesNational & Global Watchlists

Private RecordsMotor Vehicle ReportsVerifications (Employment, Education, References)Credit ReportsDrug ScreeningOccupational Health Screening

*A background check is not invasion of privacy and is not a FBI profile

EEOC RE-SHAPED THE LANDSCAPE OF EMPLOYMENT BACKGROUND SCREENING

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

• On April 25, 2012 the EEOC issued its Background Check Enforcement Guidance

→ http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm

• Unlawful discrimination may occur if an employer’s neutral policy has the effect of disproportionately

screening out individuals based on race or national origin

• Bright line rules are discriminatory, “We don’t hire felons.”

• EEOC reinforces Ban-the-Box

• Individualized Assessment

→Employers should use a committee board to assess consumer reports with derogatory information

STATE & FEDERAL LAWS RESTRICT THE INFORMATION A CRA CAN REPORT

DATA FEDERAL LIMITATIONS

Convictions No Federal Limit*

Non-Convictions 7 year (Federal Limit)*

Bankruptcies 10 Years

Other “Negative” Information 7 Years

*Note: 9 States have established greater limitations than Federal Law

State Time Limit Convictions Only Exemption?

California 7 Years Yes None

Kansas 7 Years No $20,000

Kentucky None Yes None

Maryland 7 Years No $20,000

Massachusetts 7 Years No $20,000

New Mexico None Yes None

New York 7 Years Yes $25,000

New Hampshire 7 Years No $20,000

Washington 7 Years No $20,000

CONTINUED: STATE & FEDERAL LAWS RESTRICT

INFORMATION A CRA CAN REPORT

STATE LIMITATION ON CRIMINAL RECORDS

SOME STATES (& CITIES) HAVE STATE-SPECIFIC, REQUIRED APPLICANT NOTICES THAT EMPLOYERSMUST PROVIDE DURING THE BACKGROUND SCREENING PROCESS.

STATE NOTICE

CALIFORNIA NOTICE REGARDING BACKGROUND CHECKS

VERMONT NOTICE REGARDING CREDIT CHECKS

WASHINGTON STATE FCRA DISCLOSURE

SAN FRANSISCO (JURISDICTIONAL) FAIR CHANCE NOTICE

NEW YORK FAIR CHANCE FORM

LOS ANGELES NOTICE TO APPLICANTS AND EMPLOYEES FOR PRIVATE EMPLOYERS

ILLINOIS – BAN THE BOX –CREDIT REPORT LIMITATIONNEWARK, NEW JERSEY

SOCIAL MEDIA SEARCHES

• FTC APPROVED 3RD PARTY VENDOR

SEARCHES

• ALL SOCIAL MEDIA PROFILE SEARCHES

MUST BE CONDUCTED THROUGH A CRA

• EMPLOYER MUST SET UP STANDARD KEY

WORDS / PHRASES AND DEROGATORY

PHOTO SEARCH STANDARDS TO BE

REVIEWED

• NO SEX, RACE, RELIGION OR OTHER

DISCRIMINATORY INFORMATION CAN BE

REVEALED TO EMPLOYER

IT IS PROHIBITED BY THE EEOC FOR HR PROFESSIONALS TO

SEARCH AN APPLICANT’S SOCIAL MEDIA PROFILES

DOCS AND FORMS

PRIOR TO REQUESTING AN EMPLOYEE BACKGROUND CHECK,

THE EMPLOYER MUST OBTAIN SIGNED CONSENT FROM THE

CANDIDATE:

→ACKNOWLEDGEMENT AND AUTHORIZATION FOR BACKGROUND CHECK

SEPARATE AND DISTINCT DOCUMENTS / NO ERRONEOUS WORDING

→ SUMMARY OF RIGHTS

*DIFFERENT STATES HAVE DIFFERENT FORMS

→ APPLICANT RELEASE FORM

→ DISCLOSURE REGARDING BACKGROUND INVESTIGATION

→ DISCLOSURE FOR INVESTIGATIVE CONSUMER REPORT

ADVERSE ACTION NOTICES ARE REQUIRED BY LAW – EEOC, CFPB, FCRA

1. Pre-Adverse Action Notice→ Send letter, copy of consumer report and copy of Summary of Rights

→ Applicant has 5 business days to respond to Pre-Adverse Action Notice

2. Post-Adverse Action Notice→ Notice can be sent if no response

3. Dispute → If disputed, this will suspend the Adverse Action

→ Employer MUST hold job open until re-investigated by CRA

DRUG ABUSE AT WORK: DRUG SCREENING

• SEVEN OUT OF 10 COMPANIES REPORTED ISSUES RANGING

FROM ABSENTEEISM TO OVERDOSE R NSC.ORG

• THREE QUARTERS OF THOSE STRUGGLING WITH ADDICTION TO

ALCOHOL, PAIN MEDICATION, MARIJUANA AND OTHER

SUBSTANCES ARE EMPLOYED R NSC.ORG

• IN 2017 IN ILLINOIS THERE WERE 51.1 OPIOID PRESCRIPTIONS

PER 100 PERSONS R amfAR.ORG

• IN 2017, THE LENGTH OF PAIN TREATMENT RECOVERY IN

SOUTHERN ILLINOIS WAS CONSISTENTLY 3 WEEKS LONGER

THAN THE REST OF ILLINOIS. R ILLINOIS PRESCRIPTION MONITORING PROGRAM

• ACCORDING TO THE IL DEPT OF HEALTH, PRESCRIPTION

OPIOID OVERDOSE DEATHS, QUADRUPLED IN 2016.

OPIOIDS are a class of drugs that include the illegal drug heroin, synthetic opioids such as fentanyl,

and pain relievers available legally by prescription, such as oxycodone (OxyContin®), hydrocodone

(Vicodin®), codeine, morphine, and many others.

• PICK YOUR PANEL→ DRUG SCREENING PANELS: 5, 7, 9, 10 OR

15

• KNOW WHAT PANELS TEST FOR OPIODS→ IF YOU WANT TO COVER OPIODS:

9, 10 OR 15 PANEL

• HOW LONG SHOULD AN EMPLOYER

ALLOW A CANDIDATE AND/OR EMPLOYEE

TO PROVIDE A SPECIMEN?→ NEVER MORE THAN 72 HOURS

DRUG SCREENING FOR OPIODS

PROS AND CONS WITH INCREASED TECHNOLOGY

INCREASED TECHNOLOGY-REDUCING WORKLOAD FOR HUMAN RESOURCE PROFESSTIONALS

-QUICK TURNAROUND TIME WITH REAL-TIME DATA ACQUISITION FROM ONLINE COURTS

-ATS INTEGRATIONS

-APPLICANT SELF-SERVICE PORTALS, SIMPLIFYING DATA ENTRY & THE DISPUTE PROCESS

PROBLEMS WITH TECHNOLOGY-PRICING ISSUES, OVERCHARGES

-AKA FILTERS AREN’T PROPERLY MANAGED

-EXCESSIVE COURT FEES DUE TO NO “HUMAN TOUCH RESEARCHERS”

TECHNOLOGY: EMPLOYMENT/LICENSE/EDUCATION VERIFICATIONS

.RESEARCH

• 70% of college students surveyed said they would lie on a resume (SHRM)

• 26.5% stated that they would (OR HAVE) lied on a resume already (AOL)

• Over 46% of resumes contain falsifications (Robert Hall)

.BOGUS DEGREES

• Bust in Pakistan running 370 education websites

• Columbiana, Barkley, Mount Lincoln , etc. degrees

• Over 3,300 unrecognized universities nationwide

• More than 50,000 PhD’s are “purchased” every year

.REASONS FOR DELAYS

• Summer Vacation, Holiday Breaks, Spring Break, Winter Storms

• Mercy of the Registrar and/or HR Team

• Records are held at another location

ABOUT MBI WORLDWIDE

Over 20+ years experience

-Premier Inc. GPO Preferred Partner since 2011

-iCims Preferred Partnership

-No-cost integrations with Applicant Tracking Systems

Focused on Regulatory/Safety Sensitive – SOC2

Voted Top Screening Company in the Nation for the Past 3

Consecutive Years by HRO Today

-#1 for Customer Service

One of only 9% of Accredited firms in the USA with NAPBS

7am to 7pm CST and 24 hour assistance

Compliance/Education webinars and training

Contact Brian Chapman: email bchapman@mbiworldwide.com or 727) 592-8262