Improving Your Employment Screening Program in 2015 (Part 2)

Choosing the Right Screening Package

Employment screening can be a little overwhelming. A lot of people that are initiating a background screening program for the first time ask, “What kind of records should I look for?” The answer to that question depends on a number of factors:

1. Which industry is your company a part of?

Your industry plays an important part in what searches need to be run. For example, if you are in the transportation industry, there will obviously be an emphasis on driving records. For a job in the healthcare industry, on the other hand, a background check may include checking & monitoring health care sanctions, education verification, and license & certification verification.

2. Are there any particular searches that are required by law in your state or industry?

Most states require criminal background checks if the job involves working with children, elderly, or disabled. Certain positions, for example, may require a thorough background check for security clearance. While certain searches are required, we recommend protecting your company by doing more than the bare minimum required by the state.

3. What are the responsibilities of the position you are attempting to fill?

The EEOC recommends that criminal conduct exclusions be related to tasks required by the particular job the individual has applied for. If a job requires the employee to work with children, you would not hire someone who has recently been found guilty of indecent exposure. As this particular charge interferes with business necessity, denial of employment would be the only course of action.

4. How much access will the applicant have to assets and/or customers?

The more access the employee has to your company’s assets and customers, the more thorough your background check should be. Neglecting to run a complete background check is high risk and can have catastrophic results. For example, a position may require the managing, monitoring, and/or using assets for the company’s best interest. It would be prudent for the employer to conduct a comprehensive background check to look for red flags such as theft, embezzlement, fraud, forgery, etc.

Figuring out the screening criteria for each position can seem like a daunting task. Start by asking yourself these questions. Still overwhelmed? Reach out to your vendor. This is where their experience should come in handy.

Remember to use the same employment screening criteria for each individual applying for any given position. Facing a lawsuit for discrimination can be detrimental to your organization, but is also completely avoidable. For more information about legal compliance, refer back to Part 1 (Compliance) of our 3-part blog on "Improving Your Employment Screening Program in 2015".

Employers Must Begin Using Standard Form I-9 in Commonwealth of the Northern Mariana Islands

Beginning on November 28, 2011, employers hiring individuals for employment in the Commonwealth of the Northern Mariana Islands (CNMI) must begin using the standard ‘Form I-9, Employment Eligibility Verification’ for all new hires and reverifications in the CNMI, according to a page titled “Form I-9 Guidance for Employers Hiring Individuals in the Commonwealth of the Northern Mariana Islands” on the U.S. Citizenship and Immigration Services (USCIS) web site.

According to the USCIS web site:

On Nov. 28, 2009, the Immigration and Nationality Act (INA) and other Federal immigration laws took effect in the Commonwealth of the Northern Mariana Islands (CNMI), as provided by the Consolidated Natural Resources Act of 2008.  As a result, since Nov. 28, 2009, CNMI employers have been required to verify the identity and employment authorization of their new hires as required under U.S. law.  Employers in the CNMI are subject to the same civil fines and criminal penalties for Form I-9 violations as U.S. employers.

From Nov. 28, 2009 until Nov. 27, 2011, employers used Form I-9 CNMI rather than the standard Form I-9 to verify the identity and employment authorization of their new hires.  Form I-9 CNMI is the same as the standard Form I-9, with one exception:  Form I-9 CNMI contains additional List A documents issued by the CNMI government that are not acceptable on the standard Form I-9.  These additional documents are only acceptable until Nov. 27, 2011. 

By Nov. 28, 2011, all workers who previously held CNMI-issued employment authorization must have another basis of work authorization under U.S. law, or have a petition pending for CNMI-only transitional worker status as described below, to continue working in the CNMI. 

Employers hiring individuals for employment in the CNMI may only use Form I-9 CNMI until Nov. 27, 2011.  Beginning on Nov. 28, 2011, employers must use the standard Form I-9 for all new hires and reverifications in the CNMI.


The U.S. Citizenship and Immigration Services (USCIS) is the government agency that oversees lawful immigration to the United States. The Commonwealth of the Northern Mariana Islands (CNMI) occupies the western Pacific Ocean and is in political union with the United States. Under the union, in general, U.S. federal law applies to CNMI.