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This newsletter is sent to clients of Employment Screening Resources (ESR) as well as employers, Human Resources and Security professionals, and law firms who have requested information on pre-employment screening, safe hiring, the FCRA and legal compliance. Please note that ESR's statements about any legal matters are not given or intended as legal advice but only general industry information. For specific legal advice, employers should contact their attorney. If this was sent in error, you can be removed from this mailing by simply using the “remove" feature at the end of the newsletter and you will not receive any future newsletters. (Reading time: Less than 5 minutes) Employment Screening Resources (ESR) Newsletter and Legal Update2. Electronic Signature Law Allows Paperless Background Checks 3. E-Verify New Name for the Basic Pilot Program for Online Right to Work Verification 4. ESR President Featured on SHRM Home Page 1. Urban Myth: Licensed Professionals Such as Doctors, Lawyers or Teachers, Do Not Need Background Checks A popular urban myth is that members of regulated and licensed professions, such as doctors, lawyers, CPA’s, nurses or teachers do not need a background check because some governmental agency is in charge of ensuring that individuals that commit crimes or misconduct will not have a license to practice their profession. Unfortunately, nothing can be further from the truth. Licensing is conducted by numerous boards in the 50 states and territories. Due to some of the following factors, it is entirely possible for a criminal to be licensed by a state agency:
The bottom-line: Employers that hire a member of a licensed or regulated occupation cannot assume that they are immune from liability simply because a person appears to have a current license. Since it is possible for criminal convictions or acts of misconduct to “fall through the cracks,” an employer still has a duty to exercise due diligence by its own independent background check. For a listing of the numerous state agencies that license occupations, see: http://www.brbpub.com/pubrecsitesOccStates.asp 2. Electronic Signature Law Allows Paperless Background Checks One of the biggest sources of pain for recruiters in the hiring process is obtaining the paperwork necessary for the background check and then entering data into an online screening system. Typically, recruiters struggle to obtain a “wet signature,” meaning that they need to have the applicant sign an actual piece of paper containing the background consent and disclosure, and physically get that to the screening firm. If the recruiter utilizes an online background screening system, then the data must be entered on the background firm’s system. All of those burdensome tasks, however, are a thing of the past. By using electronic signatures with the latest technology, sophisticated background firms can now offer “paperless” online background checking systems, where the applicant fills out the online information and signs an online consent. Such a process is permissible due to a law passed in n October, 2000, called the Electronic Signatures in Global and National Commence Act (ESIGN). Section 101(a) of the act provides that—
The Federal Trade Commission, which regulates pre-employment screening under the Fair Credit Reporting Act, revisited the issue of electronic authorization in the Zalenski letter (www.ftc.gov/os/statutes/fcra/zalenski.htm) issued May 24, 2001. The FTC concluded that in view of the ESIGN Act, it was possible to use electronic signatures for authorization for a background check. The FTC indicated that whether or not the electronic signature is valid depends on the specific facts of each situation. Specifically;
At a minimum, any firm attempting to obtain electronic compliance online should go through a series of screens, each one giving the applicant the chance to continue or to exit. For each screen that conveys information, there should be an opportunity for an applicant to indicate by a mouse click if they “understand and agree” or “do not understand and agree.” If they hit the “do not understand and agree,” then they should be sent to a screen that makes it easy to obtain more information. In order to allow recruiters and employers to take advantage of the ESIGN Act and the latest technological developments, ESR has introduced that Applicant Generated Report (AGR) system, where job applicants go online and fill out the information needed for a background check and give an electronic online consent. There is even a “mouse” signature feature. This does away entirely with recruiters performing data entry or sending documents to a screening firm. For more information, see: http://www.esrcheck.com/Applicant_Generated_Reports.php 3. E-Verify New Name for the Basic Pilot Program for Online Right to Work Verification In August, 2007, the federal government’s Basic Pilot Program used for electronic verification of the right to work in the U.S. was renamed "E-Verify," and the federal government has announced that the system will be undergoing enactments. Also, new I-9 forms are expected in the future. See: http://www.dhs.gov/ximgtn/programs/gc_1185221678150.shtm ESR is qualified to act as an employer's Designated Agent, to perform the verification of employment eligibility checks. Utilizing databases administered by the Department of Homeland Security and Social Security Administration, employers can utilize ESR to check the information on an I-9 form to determine that individual’s employment eligibility. To participate in the E-Verify (Basic Pilot) Program, an employer must first provide ESR with information so that ESR can register an employer. As part of the registration process, an employer must execute a Memorandum of Understanding (MOU) that sets forth the responsibilities of the Social Security Administration, the U.S. Citizenship and Immigration Services Bureau, and the employer. Although the program is voluntary, many employers find that utilizing ESR as their agent to participate in the program has numerous advantages. Because many employers do not have the time or resources to personally verify the employment eligibility and other critical information of all potential employees, ESR can provide this valuable service. Most critically, if an employee is not verified, ESR can help walk an employer through the necessary steps. The I-9 service occurs within the first 72 hours of employment. To begin this service, an employer simply provides ESR with a sign-up form so that ESR can set-up an account for the employer. Then, the employer simply advises ESR each time a new employee is hired, and provide the means of verification used. In the event that a worker is NOT authorized, then ESR will assist you through the steps that must be taken. One state, Arizona, has mandated the use of Basic Pilot Program starting in January 2008. For more information, contact Jared Callahan of ESR at 888-999-4474 Ext. 240 or jcallahan@esrcheck.com. 4. ESR President Featured on SHRM Home Page ESR’s President, Lester Rosen, was featured on the front page for the web site of the Society for Human Resources Management (SHRM) during the week of Augusts 20, 2007 as part of a new series of SHRM multi-media interviews. The interview was conducted at the annual national SHRM Staffing Conference in New Orleans this year where Mr. Rosen presented two sessions. For more detail see: www.SHRM.org ESR is pleased to announce new services that are available to US employers:
See 2007 Speaking Schedule Below: ESR announces that the Safe Hiring Certification Training is now available in four separate mini-courses, in addition to the intensive 30 Hour course. The smaller course allows participants to focus in on just those areas of immediate interest and need. This is the first and only online educational and professional development course designed for employers, human resources and security professionals, and anyone responsible for risk management and due diligence in hiring. The Safe Hiring Certification Training is a self-paced, on-line course that can be accessed at any time from anywhere, including at work. Features of this course include:
Through this course, participants will obtain the knowledge and skills necessary to implement and manage a legal and effective safe hiring program, including employment screening background checks. Upon successful completion, participants will receive a Certificate of Completion, marking a significant professional accomplishment. The course is offered at no charge to ESR clients. The course is available at http://esr.coursehost.com More information is available at: http://www.esrcheck.com/ESRonlineSafeHiringCourse.php
ESR is pleased to participate in the following seminars across the United States ESR 2007 Schedule September 5-7 Keystone, CO "Pre-employment Screening: Best Practices and Legal Compliance." Colorado State SHRM Conference September 17/18 Oakland, CA "Using Online Social Networking Sites to Screen Applicants" Northern California Human Resources Association (NCHRA) Annual Conference. September 20, 2007 National Teleseminar "Screening Applicants Using Social Networking Sites: Legal or Liability?" Lorman Seminars. www.Lorman.com September 24, 2007 Las Vegas, NV "Negligent Hiring Mock Trial--Security in the Hot Seat" ASIS International 53rd Annual Seminar and Exhibits October 17/18, 2007 Long Beach, CA "Negligent Hiring Mock Trial: HR in Court." and "Caution--Using Google, MySpace or Facebook for Hiring." 50th Annual PIHRA Conference November 9/10, 2007 Baltimore, MD "Negligent Hiring Mock Trial-- College and University HR in the Hot Seat." National HR Conference for College and University Professional Association for Human Resources (CUPA-HR) November 12, 2007 Tampa, FL “The Pre-employed Screening Industry--The Good, the Bad and the Ugly." Keynote address at the Annual Pre-Employment Screeners Conference sponsored by the Background Investigator (Intended for background firms and record retrievers) November 13, 2007 Orlando, FL Background Checks and Recruiting Practices and Legal Compliance Kennedy Information’s Recruiting 2007 Conference and Expo November 16, 2007 Contra Costa, CA Extreme Caution Advised: Advising Employers on Compliance with Federal and State Laws Regulating Pre-employment Screening and Background Checks Contra Costa Bar Association MCLE Seminar (intended for attorneys) December 6-7, 2007 Bangalore, India "Background Screening for US Firms with Operations in India and the Pacific Rim." Keynote Address at the International Pre-employment Screening Conference, The Taj West End Hotel Contact ESR for further details. Employment Screening Resources (ESR) Rated Top Background Screening Firm in First Independent Industry Study. See the Press Release Please feel free to contact Jared Callahan at ESR at 415-898-0044 or jcallahan@esrcheck.com if you have any questions or comments about the matters in this newsletter. Please note that ESR's statements about any legal matters are not given or intended as legal advice. Employment Screening Resources (ESR) |
Safe Hiring Resources
Video clips used by permission of Kantola Productions The ESR Advantage
 The advantages of having ESR as your Safe Hiring Partner » The ESR Joint Commission Hospital Compliance Database » ESR Global Service — International background checks » Testimonials »» ESR Resources
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