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This newsletter is sent to clients of Employment Screening Resources (ESR) and 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) 1. A Deadly Summer for Workplace Violence 2. Tools for Employers-Avoiding Education Fraud 3. 2004 FCRA Amendments Pending in US Senate 1. A Deadly Summer for Workplace Violence This past summer has seen tragedies strike workplaces across the country. In Chicago, seven people were killed when a former employee stormed an auto parts warehouse armed with a semi-automatic handgun. In June, a man at a Lockheed Martin aircraft parts plant in Meridian, MS, shot 14 co-workers, killing six of them. Although the totals are not in for 2003, the US Department of Labor reported there were 639 workplace homicides in 2001. Even though the serious incidents grabbed the headlines, the problem is much deeper. The Department of Labor reports that two million Americans are subject to some form of workplace violence each year, ranging from serious assaults, sex crimes and robbery, to battery and threats of violence Many experts agree that although it is not possible to predict who will be violent, the number one common denominator in episodes of workplace violence is a history of past violence. Since many employers will not give references or report past violence, the primary tool that employers have to try to screen out potentially violent employees is a background check that includes a check for criminal records. For information on how to include background checks and pre-employment screening as part of an overall strategy to effectively deal with workplace violence, see the ESR knowledge base at: http://www.esrcheck.com/articles/index.php 2. Tools for Employers-Avoiding Degree Fraud with Education Checks Studies have shown that as many as 30% of all job applicants falsify information about their educational backgrounds. This high percentage underscores the need to do research on the educational qualifications of candidates. Confirming diplomas, degrees, or certificates, along with dates of attendance, verifies applicants' education and skills as an indication of their ability to do the job. It also supports their honesty if claims they have made on an application are substantiated. Schools and universities can normally be located through directory assistance or on the Internet. To verify education, start by asking for the Registrar's Office. Many schools will give verifications over the phone. Some require use of an Internet-based service. Others might require a small fee to be sent to them, or a release faxed over, before they will provide you with information. A pre-employment screening firm can also offers this service on an outsourced basis. Another problem that has arisen for employers are diploma mills that give worthless degrees. According to the State of Oregon Office of Degree Authorization, "Diploma mills (or degree mills) are substandard or fraudulent "colleges" that offer potential students degrees with little or no serious work. Some are simple frauds: a mailbox to which people send money in exchange for paper that purports to be a college degree. Others require some nominal work from the student but do not require college-level course work that is normally required for a degree." Diploma mills should not be confused with legitimate schools that offer valuable distance-learning programs over the Internet. If an employer is not familiar with a school, an employer should review the school's web site to check out the curriculum, faculty and graduation requirements. More information about diploma mills and fake degrees are available at www.osac.state.or.us/oda/ 3. 2004 FCRA Amendments Pending in US Senate As reported in previous editions of the ESR Newsletter, Congress is taking up crucial issues this year concerning the federal Fair Credit Reporting Act (FCRA). In September, 2003, the House of Representatives, by a vote of 392-30, passed H.R. 2622, known as the Fair and Accurate Credit Transactions Act of 2003. The bill is now pending in the US Senate. The bill addresses several key issues effecting employers. The bill exempts third party investigations of current employees from the FCRA. Under an interpretation of the FCRA issued by the Federal Trade Commission in the "Vail" letter, the FTC indicated that the full FCRA notice and disclosure rules that apply to pre-employment screening must also be followed when it comes to any investigation of current employees for misconduct. This has been criticized by Human Resources, Legal and Security experts as crippling investigations of sexual harassment claims, as well as other misconduct such as theft or threatened workplace violence. If the bill passes, the "Vail" letter will be repealed. The bill also deals with the expiration in 2004 of sections of the FCRA that preempt states from passing laws that conflict with certain portions of the FCRA. HR 2622 "re-authorizes" the FCRA in 2004 so that there is one uniform credit system governed by the federal law rather than a hodge-podge of different laws, varying from state to state. ESR will continue to monitor the progress of this critical legislation. 4. Embezzlement and Detecting Liars at Interviews: ESR Featured in Two HR Magazine Articles from SHRM The cover
story for the October, 2003 edition of HR Magazine by SHRM concerned employee
theft and embezzlement. Another story
was called, "Spotting Lies. Reference checks
alone won't protect you from a mendacious job applicant." http://www.shrm.org/hrmagazine/articles/1003/1003covstory.asp http://www.shrm.org/hrmagazine/articles/1003/1003babcock.asp For information on the articles, please contact ESR Sales and Marketing Director Jared Callahan at 415-898-0044, or by e-mail at jcallahan@ESRcheck.com Other educational opportunities where ESR is participating include: November 21, 2003--New Orleans, LA-- "Crimes, Criminals and Background Screening." Presentation to the National Credit Reporting Association Annual Conference. November 12, 2003--Tampa, FL -Pre-employment Screening, Safe Hiring and Homeland Security." Full-day seminar on safe hiring and due diligence by ESR in conjunction with the HR Screener, a new national publication on pre-employment screening and safe hiring for HR professionals. Safety Harbor Resort and Spa, Tampa, FL See the HR Screener>>> November 10, 2003- Tampa, FL-National Convention of Background Screening Firms-"Legal Update-- What Every Background Firm Needs To Know About the FCRA and Laws Effecting Pre-Employment Screening." (For background firm and record retrievers only). October 23, 2003--Chicago, IL -Pre-employment Screening, Safe Hiring and Homeland Security." Full-day seminar on safe hiring and due diligence by ESR in conjunction with the HR Screener, a new national publication on pre-employment screening and safe hiring for HR professionals. Ramada Plaza Hotel, Rosemont, IL See the HR Screener>>> 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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