Showing posts with label criminal searches. Show all posts
Showing posts with label criminal searches. Show all posts

Wednesday, January 28, 2015

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".

Monday, October 25, 2010

Massachusetts Bars Employers from Requesting Criminal History from Applicants

Massachusetts becomes the second state to bar both the public and private employers from requesting applicants to disclose criminal history information.    Effective November 4, 2010, both public and private employers from requesting that job applicants disclose criminal history information on an initial job application (also known as “Ban the Box” legislation). 

Massachusetts follows Hawaii, who in 1998 was the first state to prohibit employers from inquiring about an individuals criminal record.  However, unlike Hawaii, Massachusetts  does not prohibit an employer from questioning an applicant about a criminal record during the interview process or requesting a pre-offer background screening;(though inquiries about arrests that do not lead to a conviction or inquiries about certain misdemeanors such as public drunkenness, simple assault, minor traffic violations and disturbing the peace are prohibited).

The Massachusetts law does provide for two important exceptions to the prohibition requesting applicants disclose criminal records on job applications.  An employer may request criminal record information on a job application if:  (1)  the applicant is applying for a position for which a federal or state law or regulation creates a mandatory or presumptive disqualification based on a conviction of certain criminal offenses; or (2) the employer is subject to an obligation under a federal or state regulation to not employ a person who has been convicted of certain offenses.The employer can still perform employment screening.

Should you have any questions about this legislation,you may contact  us at 770-649-8282 or email Aly.Sharp@s2verify.com