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This newsletter is sent to clients of Employment Screening Resources (ESR) as well as employers, HR and Security professionals and law firms who have requested information on pre-employment screening, safe hiring, the FCRA and legal compliance. If this was sent in error, you can be removed from this list by using the "remove" feature at the end of the newsletter. (Reading time: Less than 5 minutes) September, 2003 Vol. 3, No. 9 Employment Screening Resources (ESR) Newsletter and Legal Update1. Shocking New Study Shows 1 in 37 Americans Have Prison History 2. Screening Tool for Employers-Social Security Trace NOT an Official Government Record 3. New California Privacy Legislation will not Affect Pre-employment Screening 4. FCRA and Workplace Investigations: ESR Featured in Security Management Magazine Article from ASIS 1. Shocking New Study Shows 1 in 37 Americans Have Prison History About one in every 37 U.S. adults was either imprisoned at the end of 2001 or had been incarcerated at one time, according to a new government report issued in August, 2003 The report found that 5.6 million people had "prison experience" which represented about 2.7 percent of the adult population of 210 million as of Dec. 31, 2001, the report found. The study by the Justice Department Bureau of Justice Statistics looked at people who served a sentence for a crime in state or federal prison. The study did not even include those who served time in local county jails for misdemeanor violations or felony offenses where they received probation and a county-time jail sentence. The study is the first to measure the prevalence of prison time among American adults. Last month, the bureau reported that a record 2.1 million people were in federal, state or local custody at the end of 2002. The full study is available at http://www.ojp.usdoj.gov/bjs/pub/press/piusp01pr.htm The study underscores the fact that, unless an employer takes some measure to protect their workplace, there is a near statistical certainty that an employer will hire someone with a criminal record that is relevant to the selection process. Every employer has a duty of due diligence in hiring, which is violated if they hire someone they either knew, or reasonably should have known, was dangerous or unfit for a particular job. 2. Screening Tool for Employers-Social Security Trace NOT an Official Government Record
Many employers mistakenly believe that these searches are an "official" review of government records. In fact, the only governmental database that is included in these types of searches is the national death record index that reflects if a social security number belongs to a deceased individual. The purpose of this type of search is to gather information about a person's past addresses and to help discover any identity fraud. Past addresses are critical because it helps employers determine where to search for criminal records. Since there is not a national criminal database available for private employers, and there are over 10,000 courthouses in America, a social security trace can help employers narrow down the relevant courts to search. Although these reports can be helpful for identity purposes, they are not positive proof of identity or the validity of a Social Security Number. There may be occasion where there are names or addresses incorrectly associated with a social security trace. This can occur for a variety of reasons, such as clerical errors that occurred when information was entered into the system. On occasion, there are no names or addresses associated with a social security trace. This can occur when a person has never applied for credit, so there is no history in the credit bureau files, or the social security number does not belong to the applicant. The method for employers to verify a Social Security Number, post-offer only, is to contact the Social Security Administration. They will verify a social security number to ensure that the records of employees are correct for the purpose of completing Internal Revenue Service Forms W-2 (Wage and Tax Statement). The toll-free number for the Social Security Administration is 1-800-772-6270 and their office hours are weekdays from 7:00 a.m. to 7:00 p.m. EST. An employer will be asked for their company name and Employer Identification Number (EIN). More information is available at: http://www.ssa.gov/employer/ssnv.htm 3. New California Privacy Legislation will not Affect Pre-employment Screening In August 2003, California passed into law the Financial Privacy Protection Act (SB1), a measure designed to protect financial privacy and to curb identity theft. A review of the legislation indicates that it will not affect pre-employment background screening performed by third party firms under the federal Fair Credit Reporting Act (FCRA), or the California Investigative Consumer Reporting Agencies Act (ICRAA). Part of the advantage of operating under the federal FCRA is that privacy rights of job applicants are highly protected. Everything under the FCRA is conducted pursuant to a written consent and disclosure, and consumers have rights to obtain copies of their reports and to request re-investigations. For more information about background screening under the FCRA, see the ESR article "Complying with the Fair Credit Reporting Act (FCRA) in Four Easy Steps." http://www.esrcheck.com/articles/article.php?article_id=article9.html 4. FCRA and Workplace Investigations: ESR Featured in Security Management Magazine Article from ASIS The September, 2003 issue of Security Management Magazine, the official publication of the American Society for Industrial Security (ASIS), featured an article on the Fair Credit Reporting Act by ESR President and Attorney Lester S. Rosen: FCRA's Meaning Unveiled For information on the article, please contact ESR Sales and Marketing Director Jared Callahan at 415-898-0044, or by e-mail at jcallahan@ESRchech.com Other educational opportunities where ESR is participating includes: 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). Details to be announced. 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>>>. October 10, 2003-Dallas-Ft. Worth, TX-"The FCRA: Avoiding the Traps" Presented at the HR Southwest Annual Conference. See http://www.hrsouthwest.com September 30, 2003--Oakland, CA-- "Safe Hiring Audit-Implementing and Measuring Due Diligence in Your Hiring." Northern California Human Resources Association (NCHRA) Annual Conference. (See www.NCHRA.org) September 19, 2003--Los Angeles, CA--"Safe Hiring Audit-Implementing and Measuring Due Diligence." 2003 Professionals in Human Resources Association (PIHRA) Annual Conference. (see www.PIHRA.org) September, 2003--"Pre-employment Screening and Safe
Hiring." Full-day seminars on safe hiring and due diligence
by ESR in conjunction with Lorman Educational Services in
California: 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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