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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 require information on pre-employment screening, safe hiring, the FCRA and legal compliance. If this was sent in error, you can be removed from this mailing by using the "remove" feature at the end of the newsletter. (Reading
time: Less than 5 minutes) Employment Screening Resources (ESR) Newsletter and Legal UpdateSpecial Alert-both the US House of Representatives and the Senate have passed versions of new legislation changing the federal Fair Credit Reporting Act (FCRA). Once a final bill has been passed, ESR will summarize the impact on safe hiring and workplace investigations for employers. 1. Background Checks on Rise for Volunteers and Youth, Sports and Church Organizations 2. Detecting Lies at Interviews 3. Employer Tool-Driving Records 4. ESR Featured in Two Nationwide Audio Conferences on Safe Hiring and Due Diligence 1. Background Checks on Rise for Volunteers and Youth, Sports and Church Organizations This past year has seen a substantial increase in volunteer groups, youth organizations ands churches performing background checks. Checks for criminal records have become a standard procedure for organizations that work with children, including sports groups such as Little League and soccer, and youth organizations, such as Scouts. The increased emphasis on these checks has been fueled by numerous news stories and lawsuits about children being the victim of criminal conduct, especially sexual abuse. Background checks help protect children from criminals who use volunteering, and youth groups and church organizations to gain access to children. In some states, there is legislation that permits organizations to take advantage of state fingerprinting or criminal record programs. However, organizations can also utilize the services of private firms that can provide fast, low-cost background checks. One tool is a criminal offender database that includes over 100 million criminal records from over 37 states. These are typically very low-cost and instant searches that will also include some sexual offender database information. Although a very valuable tool, it should be used with caution since it does not cover all states and is not exhaustive, meaning that volunteers and individuals with criminal records can escape detection. Any organization that is planning on performing background checks must very carefully review their own situation, including resources available in their state, to develop a cost-effective program. In addition, organizations can use no-cost tools to weed out potential problems, such as thorough reference checks. For information on how to protect children, see the ESR knowledge base at: http://www.esrcheck.com/articles/index.php or contact Jared Callahan at Employment Screening Resources (ESR) at (415-898-0044. 2. Detecting Lies at Interviews A recent feature article in HR Magazine by SHRM demonstrates why employers are at a distinct disadvantage when it comes to spotting liars at interviews. Although industry statistics suggest that as many as 30% of all job applicants falsify information about their credentials, the evidence is clear that merely trying to spot liars at interview is difficult, if not impossible. According to the article, it can be a delusion for an interviewer to think lying can be detected by visual clues or relying upon instinct or intuition. For example, fidgeting, stuttering or avoiding eye contact could simply be symptoms of nervousness about the interview rather than intent to lie. The article quotes a study that concluded that 95% of the time, a person's chance of deducting if someone is lying is only 50-50 at best, and the study included trained professionals, such as police officers, FBI and CIA agents, and judges. The article also quotes ESR founder Lester S. Rosen. According to Rosen, although most applicants are honest, one bad hire can create a legal and financial nightmare for a company. In addition, it is difficult to spot applicants who lie since they often have told the lies about their career so often that it becomes second nature. The bottom line for HR and Security professionals is that although instinct is valuable, it does not substitute for factual verification of an applicant's credentials through background checks and other safe hiring techniques. For a list of safe hiring tools, see: http://www.esrcheck.com/services/services_detail.php See the article at: http://www.shrm.org/hrmagazine/articles/1003/1003babcock.asp 3. Employer Tool-Driving Records Many employers utilize driving records as a safe hiring tool. For a person who is driving a company vehicle or is in a "driving" position for the company, such a check is a necessity. However, "driving for work" is very broadly defined in most jurisdictions. It can cover any employee that is behind the wheel of a car for the employer's benefit. For example, an employee that drives to the office supply store during lunch, or between branches of the same firm, or even attends classes that are paid for by the company can be considered "driving for work." If an accident occurs, in any of those situations, an employer may also be sued. The one time an employer likely has no responsibility for an employee's driving is for an employee who only drives to work and drives home. For positions that involve driving, an employer can review the applicant's driving history and verify a license's status. A check of the driving record may also give insight into the applicant's level of responsibility. Just having moving violations may not relate to the ability to perform the job, but if an applicant has a history of failing to appear in court or pay fines, that can have bearing on their level of responsibility. Since driving records are statewide, it may be the first place that difficulties with drugs or alcohol are revealed if there is a driving related violation. (However, there are restrictions on the use of this information under the Americans with Disabilities Act (ADA) and certain state laws and the employer must determine whether the information is job-related.) Driving records can also be obtained nationwide through a firm that specializes in background checks (although some states have restrictions). For more information on driving records, contact Jared Callahan at Employment Screening Resources (ESR) at 415-898-0044 4. ESR Featured in Two Nationwide Audio Conferences on Safe Hiring and Due Diligence ESR will be featured in national audio conferences sponsored by two prestigious national publishers in December. The first conference is sponsored by the Bureau of National Affairs (BNA), which is the foremost publisher of print and electronic news, analysis, and reference products, providing intensive coverage of legal and regulatory developments for decision makers in business and government. The second conference is sponsored by Strafford Publications, Inc., a leading national publisher of specialized information services in both print and electronic form. Strafford serves the accounting, legal and management consulting professions, and the security and loss prevention markets. Here are the details: December 9, 2003--Audio Conference sponsored by BNA-- "Criminal Records Use: What the HR Professional Must Know To Avoid Bad Hires and Legal Problems." Expert panel including ESR president Lester S. Rosen Time: 2:00 to 3:15 EST. see: http://www.bna.com/promotions/audio/upcoming.htm#120903 December 2, 2003-Audio Conference sponsored by Strafford Publications-- "CONTROLLING RISK AND LIABILITY in Security Operations and Guard Force Management." Expert panel including ESR president Lester S. Rosen: Time: 1:00 to 2:30 EST. See: http://www.straffordpub.com/products/secop/ Other educational opportunities where ESR is participating include: February 19, 2004--Newark/Fremont, CA-- Drugs, Sex and Murder--An Introduction to Safe Hiring and Pre-employment Screening in California. (A three hour workshop sponsored by he NCHRA-details to be announced) February 24, 2004--San Francisco, CA-- Drugs, Sex and Murder--An Introduction to Safe Hiring and Pre-employment Screening in California. (A three hour workshop sponsored by he NCHRA-details to be announced) March 10, 2004--Stockton, CA. "Crimes, Criminals and Human Resources." San Joaquin Human Resource Association (SJHRA) at Noon. See www.sjhra.org April 20-21, 2004-Washington, D.C. SHRM 35th Annual Employment Management Association (EMA) Conference and Exposition. Topic: -"Safe Hiring Audit-Implementing and Measuring Due Diligence in Your Hiring." Contact ESR for further details. 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
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