On April 26th, 2016 at 2:00pm EST, join Credential Check and Pam Devata of Seyfarth, Shaw LLP. Gather insight on:
- Litigation Trends
- Disclosure and Authorization Pitfalls
- Adverse Action Do’s and Don’ts
- Utilizing Credit Checks
- EEOC Guidance
Ms. Devata is a partner in the Labor and Employment Practice Group of Seyfarth Shaw LLP. She specializes in all aspects of employment defense including counseling, training, and litigation. Ms. Devata has a special emphasis on the Fair Credit Reporting Act (FCRA) and related state laws effecting background screening.
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In the wake of the Louisiana shooting, background checks and gun control have come to the forefront. Under the current federal law, gun dealers are required to perform background checks through the FBI’s instant criminal background check system database, or NICS.
So what’s the issue? Why are the individuals who are committing these heinous crimes able to legally purchase a gun? The answer simply put, is that certain states have elected to not provide information related to a persons’ mental health to the federal database. When looking at the data the numbers are frightening, after a report showed Louisiana as one of the worst states to voluntarily comply with only 4 mental health records reported as of November 2013. Following the report they have stepped up efforts reporting 908 records as of December 2014. To put this in perspective for you, Delaware implemented its version of the law in 2012 and nearly 20,000 records were filed in the state, which has less than 1 million people compared to Louisiana’s 4.65 million.
Why is all of this important and how does it apply to HR, Ryan? The correlation between screening practices for gun control and employment is that database sources of information are only as good as the sources and the information provided to the database. Companies around the world advertise instant background checks, where do you think this information is coming from? If it’s instant that means it’s on hand and stored information. What happens if in the location your candidate committed a crime they don’t report to a database and the only way to gather this information is actually a hand-pulled court house record that requires a court researcher? That information isn’t going to be available in the database and you will never see it.
We aren’t looking to scare anyone, we are simply looking to educate. We partner with several suppliers that provide fantastic databases that include national coverage, are they the “silver bullet?” Absolutely not, but it’s a great supplemental search that can increase your coverage area and provide information rapidly. If you’re performing these types of searches today, we recommend you contact your provider and ask for a source list of where all the information originates and see if it’s accomplishing everything you had hoped.
For more information on database searches and other background screening topics, please contact CredentialCheck at 888-689-2000 or email@example.com
CredentialCheck® offers many solutions to maximize efficiencies. Customized Risk Matrices are available to our clients to expedite the background check review process. CredentialCheck® will work with your HR team to determine what items should remain flagged for additional review on completed background checks. This can include motor vehicle reports, criminal records, and employment and education verifications among other services. CredentialCheck®’s compliance team would review each individual order within the background check, and compare it to the Risk Matrix to determine if the flag should remain, or if it should be removed based on your customized criteria. While this does not replace individualized review of all background checks, a custom Risk Matrix can improve efficiencies within your organization.
Interested in this service? Please call CredentialCheck® at (888)689-2000 and tell our team that you’d like more information on building a Custom Risk Matrix!
In a recent news article, Homeland Security Inspector General John Roth read a troublesome report on recent security blunders and lapses at the long-troubled agency.
The recent blunders include inadequate baggage screening, hiring of convicted criminals, questionable spending, narcotics smuggling and human trafficking by TSA employees. During the hearing last week after Jer Johnson, Secretary of Homeland Security reassigned the acting administrator of the TSA in the wake of reports that auditors from Roth’s office had successfully slipped mock explosives and weapons past TSA checkpoints 67 out of 70 times.
The latest case, Inspector General Roth said, is investigators had found the names of 73 airport workers “with possible terrorism-related information” in a classified federal database that the TSA could not normally access. Roth testified “TSA acknowledged that these individuals were cleared for access to secure airport areas despite representing a potential security threat.”
The discovery of this information was after Roth requested over 900,000 active aviation workers be checked again the Terrorist Identities Datamart Environment, or TIDE. This database contains confirmed and unconfirmed information about people with potential terrorist links.
Following the search 73 matches of people cleared for access to secure areas with possible relations to terrorist ties. Typically those people who are hired by the airlines and airport vendors are checked against a more narrow and unclassified database that is maintained by the FBI’s Terrorist Screening Center.
General Roth also repeatedly criticized the TSA’s use of PreCheck, which allows for expedited screening of vetted passengers, He said the TSA allows expedited screening of nearly half the flying population, often by randomly pulling people out of line. In one case, he said “a former member of a domestic terrorist group” was granted expedited screening even though the traveler was “sufficiently notorious” that a TSA screening recognized him. The screener “notified his supervisor, who directed him to take no further action and allow the traveler to proceed through the PreCheck lane”.
For more information on this topic or questions regarding background checks, contact CredentialCheck at 888-689-2000 or firstname.lastname@example.org
Credential Check will be attending the NAPBS Mid-Year Legislative Conference in Washington DC from April 12 through the April 14th. This conference focuses on regulation, legislation, education and compliance related to the background screening industry.
NAPBS was formed by background screening companies in 2003 to promote ethical business practices and compliance with state and federal laws by Consumer Reporting Agencies (background screening companies) as well as to foster awareness regarding consumer protection and privacy rights. What started out as a US based group has grown well beyond the borders of the United States now with established international chapters including Asia Pacific Rim Countries (APAC), Canada and Europe.
The conference offers significant regulatory and legislative insight which is not only important to Credential Check but is also of great value to our clients. One of the greatest challenges faced by human resources is the compliant screening of employees. In this time of varying municipal, county, state and federal laws, it is even more critical for companies to stay on top of new and emerging compliance requirements.
As a founding member of NAPBS, we fully embrace what NAPBS stands for and applaud the efforts of many who have strengthened our profession in countless ways by volunteering their time for the benefit of all companies. Many businesses are safer as a result of the services provided by professional screening firms and we are proud to be a part of this organization.
For more information about Credential Check or NAPBS, please feel free to contact us with any questions at (888) 689.2000 or email@example.com.