Tag Archive for: compliance

Personal Identifiable Information (PII) Protocol Updates

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Tightening access and privacy on personal identifiable information (PII) is always top of mind in the screening industry. In response to the national trend to increase PII privacy, adjustments are being made, implementing stricter PII protocols for their courthouses. Some are already in effect, and others start in January 2022. Learn what states are impacted and how this affects the screening industry.

Where will you find policy changes?

In September of 2021, California began redacting date of birth PII from their public access terminals in the courthouses. It is essential to know that this information is still on the hard copy court file. As for the online court records accessible to the public, those records have date of birth PII removed. 

Note: This rule is not new to California; it is now being complied with by the courts within the state.

In addition to California, Michigan will begin redacting the consumer’s date of birth from court records beginning January 2022. While the entire state is scheduled to redact the date of birth on records by January 2022, some Michigan counties have already started implementing this change.

How does this impact the screening industry?

With states redacting PII, this will cause inevitable delays and the potential for additional paperwork. The Fair Credit Report Act (FCRA) requires consumer reporting agencies to have more identifiers than just a name; this will add more time to reports when researching possible records in those states.

Suppose the court allows additional research to be conducted. In that case, this is usually completed by a record researcher with boots on the ground, meaning a physical person is going into the courthouse to request the records physically, causing a ripple effect of extended delays. Some cases in the court may require a signed release from the consumer.

Note: One Source will always communicate what is necessary from our clients to complete a search.

If you are interested in learning more about this ever-changing landscape, here are a few links to discussions within the industry.

  • Read about the Michigan redaction from the Professional Background Screening Association (PBSA) here.
  • Read about the California redaction from the Professional Background Screening Association (PBSA) here.
  • Listen to industry-recognized professional and host of the Background Check Radio, Kevin Bachman’s podcast here.

We are unsure if other states or municipalities will follow suit. Stay connected to One Source to stay up to date on the screening industry dynamic.

5 Reasons Why You Should Get a Personal Background Check

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Aren’t we all looking for a leg up when on the job hunt? Simply knowing a little more about yourself might be the boost you need when walking into an interview.

Suppose you aren’t sure you know what is on your criminal record, motor vehicle record, and/or any other legal criteria. Whether you are new to the job market, diving back in after many years, or just curious, it’s a good idea to make sure you know what might show up on your background report.

Five reasons why you should get started with a personal background check:

  1. Avoid Surprises– When you run a personal background check on yourself, you eliminate the element of surprise when asked questions about your background.
  2. Check for Accuracy– Taking a deep dive into the internet won’t always give you accurate answers. Searching on public databases may give you some information about yourself, but the information has not been verified. We recommend working with a reliable background check company (like One Source) to receive accurate real-time, original source answers.
  3. Be Proactive– By running a personal search, you can check if the information on your report is correct and up to date. If you find inaccurate information, you can work to get things cleared up to ensure you are disclosing information to the potential employer accurately when asked.
  4. Get a Competitive Edge – In this day of age, you need any advantage you can get when searching for a job. Go above and beyond. Know what is on your background check to be prepared to answer any question that may come up during an interview.
  5. Peace of Mind– Job hunting is stressful enough. So, before you even start the interview process, choose to put your success first. Receive accurate answers from a reliable screening source.

Getting ahead of potential concerns and being proactive might make more of a positive impression on your potential employer. Overshadowing anything questionable in your past. Run a personal background check with One Source to know you’re receiving compliant and thorough reporting.

If you are interested in running a personal background check, start here!

Want to learn more about One Source? Check out our solutions page to see how we can help empower others with informed decisions. Connect with One Source on our social media LinkedIn, Facebook, & Twitter.

Blueprint to a Compliant Background Check Process

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Conducting background checks is a simple way to help mitigate the risk of a bad hire, but they can add some trouble right back on your organization without being done correctly.

Background checks conducted by third-party background screening firms (like One Source) are considered ‘Consumer Reports’ by the Fair Credit Reporting Act (FCRA). What does that mean? Simply put, you must adhere to their rules and regulations and ensure you comply with the plethora of federal, state, and local laws. Not complying with these rules and regulations could result in steep fines, lawsuits, and sometimes even class action settlements.

Using a Professional Background Screening Association (PBSA) accredited background screening firm is an easy step to be sure you are building a team compliantly for your organization.

Here are Four Best Practices for Compliance to ensure you have a successful blueprint for compliant background screening:

  1. Background Check Policy

Before you start screening applicants for employment, it is crucial to have a policy in place. In 2012, the Equal Employment Opportunity Commission (EEOC) released its Enforcement Guidance on the use of background screening in the employment hiring process. What should this Policy include?

  • Purpose – Identify the reason you are running the background check; for example pre-employment.
  • Scope – What types of background checks are you running? How often are you screening applicants, upon hire, annually?
    • Not sure where to start? The Society of Human Resource Management (SHRM) provides a great template to help you get started. Read more.
  • Process – How will you be reviewing offenses and determining what is acceptable or not? Onboarding should be consistent within position levels when making determinations. Onboarding managers need to assess the potential risks and liabilities related to the position’s requirements to determine whether you should onboard the applicant through individualized assessments if in the context of employment.
    • The EEOC recommends you consider the nature and gravity of the offense, the time that has passed since the conviction and/or completion of the sentence, and the nature of the job sought to ensure that the exclusion is essential for the position.

  1. Disclosure* and Authorization

Now that you have a screening policy in place, you are ready to begin the background screening process. The next thing you need to do is obtain Disclosure and Authorization from the applicant. The FCRA outlines this for employers, and the FTC has guidance available here. Disclosures* are only required under the permissible purpose of employment.

Be sure to:

  • Inform the applicant or employee that you may use the results of the consumer report for decisions related to their employment. This notice must be in writing and in a stand-alone format.
  • Gather written consent from the applicant or employee. If you want to use this authorization throughout the duration of the individual’s employment, you must state that clearly and conspicuously.
  • Review federal, state, and local laws and include applicable notices. Your screening vendor should provide these to you.

One Source provides all clients a compliant Disclosure and Authorization form, which you can find here. 

  1. Quality of Data

In the background screening world, there are two main ways that Consumer Reporting Agencies (CRAs) conduct criminal background searches. The first is by conducting real-time, original source record searches directly from the source. The second is utilizing a database or repository.

Database searches, while fast and inexpensive, provide non-compliant data. Record information is often not updated regularly and pulled from archived sources. These inconsistencies leave gaps and holes for outdated information and error galore. While these searches are often the most affordable solution, they can lead to costly lawsuits and ligation.

Be sure that your background checks include live, real-time court records. Original source records mean your vendor is going directly to the courthouse to obtain information that is up to date and as accurate as possible, eliminating errors caused by expungements, dismissed records, and recent convictions that may otherwise be missing.

  1. Adverse Action

Before making a final employment decision based in whole or in part on the background check results, the employer must provide a Pre-Adverse Action Notice, a copy of the background report, and their Summary of Rights Under the FCRA.

This process allows the applicant to review their report, and if necessary, dispute the accuracy of the findings. The timing and actions required during this process are crucial to staying compliant. You can learn more about how employers and applicants should handle adverse action here.

Don’t let the compliance of background screening seem daunting. The blueprint to a compliance screening process is simple; have a rock-solid background check policy, compliant disclosure and authorization forms, quality, real-time data in your reports, and follow the adverse action process.

The best part of it all is that One Source is here to help you through the process. Reach out at any time for a free review of your process from start to finish.

Reference Checks Made Easy

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One of the most time-consuming pieces of onboarding can be the process of contacting an applicant’s references. Traditional phone-based reference checking requires finding time to learn more about an applicant. This can also cause delays on when an individual can start a position – leaving room for the possible loss of onboarding good, quality applicants for your organization.

One Source offers a leading reference checking solution to provide you with an online, automated process that delivers fast results. This streamlined process of conducting reference checks makes it easier for both the onboarding professional and the applicant.

How simple is it?

Once the account is set up and you select the questions you wish to ask. Which are either specific to your organization or standard approved questions, your account will be ready.

  1. The applicant and reference information are entered in the solution.
  2. Reference requests are then automatically sent via email or text. This makes it quick and easy for them to respond anytime, anyplace.
  3. The reference completes a short and confidential online questionnaire.
  4. Receive the reference response on a document that will be attached to the report to review.

The process is that simple.

A frequent complaint about reference checking is that applicants select references who will say only positive things about them. This is not the case because the survey allows contacts to respond freely and confidentially. Which encourages the reference to answer more honestly. 83% of all reference providers provide comments on an applicant’s areas of improvement.

Benefits of Reference Checks:

  • Reduce Turnover – Client research results show involuntary first-year turnover can be reduced by over 35%.
  • Increase Efficiency and Cost-Effectiveness – Free up recruiting teams from time-consuming phone-tag, data collection, and reporting tasks – so they can focus on finding great candidates. The solution provides a significant return on investment when you add considerable staff time savings, lower potential turnover costs, and reduce third-party expenses.
  • Enhance Satisfaction of Onboarding Managers – Provide onboarding managers detailed reports showing feedback, candidate summaries, and behavioral interview guides.
  • Convenient, Cloud-based, and Mobile – Makes it easy to get started and for candidates and references to respond anytime, anywhere — even via text messages.

If this service sounds like something you would like to incorporate into your onboarding, watch our recorded webinar, “Reference Checks Made Easy.” We go in-depth on how the reference process works through a demo, along with information on how this service provides you with more data, time, and money compared to traditional references.

Sign up to watch our webinar here! You can also contact the One Source Client Relations Team to learn about our other services to help streamline your onboarding process.

How the One Source Certified Contractors Program Works for You

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Certified contractors are sometimes essential to the operation of your business, facility, or team. They come in temporarily to renovate, consult, update and fix pieces of your organization. So, hiring them is often an easy choice. Contract workers can be extremely useful for short-term projects. However, potential risks can come with hiring them, so it’s best to exercise caution.

If you allow contractors access to your facilities and networks, it is in your best interest to background check them like any full-time employee. Whether a contractor is troubleshooting your computers, working with your plumbing system, or painting your office space, you should be able to trust them with your property and information.

At One Source, we offer a simple way to ensure the contractors you hire will be reliable and safe through the One Source Certified Contractor (OSCC) program. This program looks into the backgrounds of contractors to see if they meet a set of standards identified by One Source. Should the contractor fail to meet these standards, they will not receive access to your site.

The OSCC program saves you time, money, and resources because neither you nor the contractor have to commission or interpret full background checks.

When you check the OSCC portal, you can see if certain contractors are certified against a set of standards, which you can review here. These standards were built by background check professionals and are intended to keep you, your organization, and the contractors as safe as possible.

The OSCC program is part of the many ways One Source prioritizes the needs of businesses and ensures their security. The best part of the OSCC is that it is completely free for you to use. In order to run OSCC background checks on contractors, all you need is a contractor’s OSCC credentials. Enter those credentials into the search bar on the OSCC Search page, and One Source will check them to the highest standard.

Make sure everyone entering your organization to temporarily work is vetted with the OSCC program.  You can also utilize One Source’s comprehensive background check options. Learn more about how we can provide background checks for everyone in your organization by reaching out to our team today.

FAQs: The Equal Employment Opportunity Commission

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The Equal Employment Opportunity Commission (EEOC) is a federal government agency tasked with enforcing civil rights laws against workplace discrimination. They investigate claims against businesses for discriminating based on race, color, national origin, religion, sex, age, disability, sexual orientation, gender identity, genetic information. The EEOC also ensures businesses do not retaliate against those who report or oppose a discriminatory practice.

Agencies as large and impactful as the EEOC have a lot of influence over how businesses conduct themselves. It can seem like a big task to identify all the regulations they place on your business and whether you are following them. 

That’s why we have broken down some of the most commonly asked questions about the EEOC. Your business is likely already compliant with the regulations the EEOC applies to you. However, it’s good to be aware of what those regulations are. Knowing what they mean can further strengthen your hiring process.

How does the EEOC apply to my business?

The key factor in how the EEOC applies is how many employees your business has.

  • If you have at least one employee: Employers must provide equal pay for equal work to male and female employees.
  • If you have 15 to 19 employees: You cannot discriminate based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, and genetic information (including family medical history). You also must provide equal pay for equal work.
  • If you have 20 or more employees: All of the above regulations apply. Additionally, you cannot discriminate based upon age (40 or older). 

What are my responsibilities to my employees under the EEOC?

Here is a general list of your main EEOC obligations toward your applicants, employees, and former employees. 

  • You must pay male and female employees who perform the same work equally unless you can legally justify a pay difference.
  • You cannot discriminate against or harass applicants in any way.
  • Your employment policies or practices cannot have a negative effect on applicants or employees. All policies or practices must be related to the job and necessary for the operation of your business.
  • You cannot use employment policies or practices that have a negative effect on applicants or employees who are 40 or older unless the policies or practices are based on a reasonable factor other than age.
  • You may be required to provide reasonable accommodations because of an applicant’s or employee’s religious beliefs or disability.
  • During the hiring process, you cannot request medical or genetic information from applicants. You may request medical or genetic information from employees only in limited circumstances. Any health information you do obtain must be kept confidential.
  • No one can punish an applicant, employee, or former employee for reporting or opposing discrimination or participating in a discrimination investigation.
  • You must display a poster at your business that describes federal employment discrimination laws, so employees are aware of their rights.
  • Keep any employment records, such as applications, personnel records, and payroll records on file.

What can’t I ask candidates during hiring?

Your business’s ethics will drive what you do and don’t ask in interviews, but there are some questions you legally cannot ask. Specifically, employers can’t ask questions about an applicant’s disability. They also cannot ask questions that are likely to reveal whether an applicant has a disability. This applies even if the disability is clear. You can ask the applicant to describe or demonstrate how they would perform specific job tasks, but you can’t ask about their disability.

However, you can ask applicants who have disclosed their disability or have a clear disability if they need specific accommodations. You also can ask an applicant to voluntarily report that they have a disability for affirmative action purposes.

What do I do if my business receives an EEOC charge of discrimination?

If you follow the above guidelines and maintain a positive, healthy work environment, it is unlikely you will be charged with discrimination. Still, it is best to always be prepared. Should your business face an EEOC investigation, you should follow these steps.

  • Review the charge notice carefully. It does not mean that you have violated EEOC laws, but rather is informing you that there has been a complaint of discrimination.
  • Closely follow the directions on the EEOC charge notice. The notice will likely ask you to provide a response to the charge or a position statement. This is your chance to defend your organization against the complaint.
  • Respond to requests for additional information from the EEOC, even if you believe that the charge is frivolous. They may help the EEOC dismiss the charge. 
  • Protect your employees from retaliation. Make sure no employees are punished for filing a complaint or contributing to an investigation. Retaliation is illegal, even if the original charge is dismissed.
  • EEOC mediation can help you resolve the charge quickly at no cost.
  • Contact the EEOC investigator assigned to your charge if you have questions.

Compliance is a wide and varied topic, but the experts at One Source can help you navigate ethical hiring with ease. Inquire today to see how we can collaborate to create a simple, efficient, EEOC-compliant hiring process for your organization. 

 

Here’s How to Fast-Track Your Hiring While Staying Compliant

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Found an amazing candidate and want to get them on your team ASAP? Need some extra help starting next week? Sometimes, we are required to recruit, interview, and onboard new employees at lightning speed. But, that does not mean background check protocols can loosen.

Complete, accurate background reporting does take work and should not be rushed. That doesn’t mean background checks will slow your hiring process down. One Source completes most background checks in 48 hours or less.

So you don’t need to worry about background checks themselves slowing your hiring process. Background checks are meant to advance quality hiring, not hinder it. However, the most consequential part of background screening compliance—can slow you down if you are not prepared to manage it. The best way to get ahead and stay compliant is by preparing your team and applicants to understand what compliance is and how it works.

Generally, compliance in the background check world refers to Fair Credit Reporting Act (FCRA) compliance. The FCRA provides a set of rights for applicants and rules for employers that you must follow to avoid legal issues. By understanding the FCRA and prioritizing it in your hiring process, compliance won’t slow down hiring.

So what does the FCRA require?

The FCRA promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies to protect those subjected to background checks. In order to be compliant with the FCRA, your organization and your background check agency must take measures to gain the consent of your applicants to screen them.

The simplest thing you can do to stay compliant with the FCRA is to ensure everyone gives written consent to a screening. You can’t make any progress in the background check process until you have consent, so it’s in your best interest to pursue that as quickly as possible.

Including a consent form early in an online application is an easy way to secure compliance. You can also explain in the application how critical it is for the candidate to sign off on their background check. In the most quick-turn instances, you could give applicants a deadline to submit their application, which includes the background check consent form.

Once you have your pool of candidates who have consented to the background check, you can prepare for the next stage of the hiring process—background checks and hiring decisions. The FCRA states that anyone you run a background check on has the right to know everything in their file. So if they request access to their report, you must provide them with the information they have reported.

You can work with your background check agency beforehand to prepare for situations where candidates request copies of their reports. Overall, the best way to stay compliant while streamlining your hiring process is to be proactive, prepared, and collaborative with your screening agency.

A background check partner like One Source will have your back throughout the hiring process. And help you get ready for an efficient, compliant background check process. One Source has years of experience to support your hiring, and we are compliance experts that are ready to guide your hiring team. To learn more about how One Source can serve your hiring process, reach out to us! We will be happy to talk. 

How Employers and Applicants Should Handle Adverse Action

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If a company is running a background check for the permissible purpose of employment and the background check results lead an employer to reject an applicant or dismiss an employee, the employer is required to tell the applicant through an adverse action notice. Should you ever encounter this situation in your hiring, it’s important to understand and be prepared for your responsibilities as you pursue adverse action—as well as the rights of the applicant. 

According to the Fair Credit Reporting Act (FCRA)—adverse action is taken when an employer removes an applicant or employee from job eligibility due to the results of a background check. The FCRA has strict rules regarding adverse action to protect the applicants and hold the employers accountable. Employers who improperly take adverse action can face fines and even unfair-hiring lawsuits.

So how can you be certain that you are following adverse action protocols properly? There are a few key steps to remember in order to remove an applicant from consideration while protecting yourself from legal trouble. If you decide you want to take adverse action, here’s what you must be sure you do:

  1. Notify the individual and share the background report: As soon as you know you may take adverse action, you must notify the applicant of your intent with a pre-adverse action letter. One Source can help you prepare this letter. Keep a record of the letter itself, any attachments, and the date you sent it. With the letter, you must send a copy of the background check and a copy of their FCRA rights.
  2. Allow time for them to respond: Hang tight for a bit while the applicant reviews the background report. They have the right to address any potentially inaccurate information or clarify the points of contention on their record. The FCRA advises waiting a “reasonable amount of time”. A common practice is to wait five business days.
  3. Take another look: Consider the applicant’s response to your pre-adverse action notice. Did any information on their report get corrected? Did the applicant provide context that changes your understanding of their report? Look over the report one more time and see if you would still like to take adverse action. If you want to move forward with adverse action, you will have to prepare another letter to notify the applicant of your decision.
  4. Properly inform the applicant of adverse action: In your final adverse action letter, you must explain your choice and tell the applicant that they have the right to dispute your decision. Provide the necessary information for them to get another copy of their report. If you hire a background check agency like One Source, you also need to say that the choice to take adverse action was made by you, the employer, not the reporting agency. Be sure to keep a copy of the letter, its attachments, and the date you sent it. 
  5. Destroy sensitive documents: The FCRA requires employers to dispose of background check results securely. Shred or destroy paper copies of the background check, and be sure any digital copies are completely erased. Reports are kept within the One Source platform for at least two years from the date of order entry. 

One Source is always here to help you through processes like adverse action, and we can answer any further questions you have. Reach out to us today to learn more about our TotalCheck Solutions and how we can help you find the best applicant for your organization.

The Importance of Screening Child Care Providers

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Of course, you want your children to be in as safe and nurturing of an environment as possible when you’re not with them. You must be able to trust your child care provider to not only keep your child from harm but provide ways for your child to learn and grow.

The most straightforward way to ensure your child care provider is dependable is to run a comprehensive background check on them. You can supplement with interviews and facility tours, but background checks are an essential foundation for trust.

Each state has its own set of screening requirements for child care providers, but it’s in your best interest to be thorough regardless of your local regulations. No matter where you are, One Source can quickly provide comprehensive screenings for your child care providers.

There are federal laws outlining what screenings child care providers should undergo—these may be applied in any state and can offer a full understanding of who a potential child care provider is. Federal background check requirements for child care workers include:

  • A Federal Bureau of Investigation (FBI) fingerprint check to ensure a child care provider has no history of convictions that may put a child at risk.
  • Search of the National Sex Offender Registry.
  • Search the criminal registries of every state the provider has lived in the past 5 years (fingerprints are required in the state where the child care provider lives right now).
  • Search state sex offender registries of every state the provider has lived in the past 5 years.
  • Search child abuse and neglect registries of every state the provider has lived in the past 5 years.

FBI fingerprinting can take a while, but it is a required and thorough search for child care providers. While you’re waiting for the results of fingerprinting, One Source can complete the rest of the screening requirements plus additional checks about the background and education of your child care provider. We also suggest screening or asking about the screenings of those who interact with your child care provider, including:

  • All adults living in a home-based child care center.
  • All child care center staff members, including directors, teachers, caregivers, bus drivers, janitors, kitchen staff, and administration.
  • Every adult volunteering at your child care center who will have unsupervised access to your child.
  • Sports, art or dance instructors or any other adult who may have unsupervised access to your child.

It likely doesn’t make sense for you to personally screen each of these people, but you should definitely ask your child care provider if each of these individuals has been screened and if you can see the results. All child care providers must meet screening requirements, whether they are licensed or not. So, you should always be able to screen your child care providers and ask for proof of background checks for everyone who works in their facility.

Above all, you want to keep your children safe, and One Source is here to help you. Our comprehensive background checks are completed in no more than a few days so you can make a confident choice about where to send your child. If you have further questions about background checking child care providers, please reach out to our Client Relations team.

Tips to Prepare Your Hiring Process for 2021

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If your organization has needed to change and adapt its hiring process in 2020, you’re not alone. The pandemic has brought forth previously unforeseeable challenges including furloughs, layoffs, hiring freezes and more. Whether your organization has taken any of these measures or not, the events of 2020 have likely caused you to rethink your priorities and methods.

Preparing for the future—and all its uncertainties—means focusing your efforts and finding efficiencies. One Source can help you find ways to smooth out your hiring process and strengthen your security while hiring the best candidates for you. Below are some of our tips for how you can prepare and hone your hiring process so your organization can thrive—whatever lies ahead.

Streamline the Applicant Experience

The increase in unemployment in 2020 has created an influx of applicants and a scarcity of open positions. Don’t be surprised to see higher numbers of applicants for any opening you post in 2021, just make sure you’re ready to manage the uptick. 

Regardless of whether you hire a certain individual, their application and interview experience will impact their perception of your organization. The best way to give your applicants a positive experience is to make the applying, interviewing and screening processes efficient. You can build automated emails that keep candidates updated about the status of their application or background check and also schedule interviews. Automating some simple communications will allow you more time to personalize other communication with your applicants. This can help you and them feel organized and allow you to familiarize them with your company culture.

Keep Tabs on Compliance

Guidelines for not only hiring, but also workplace health and safety are evolving every day. As the pandemic continues to shape our daily lives, the recommendations of the Equal Employment Opportunity Commission (EEOC) and the Centers for Disease Control (CDC) will change to reflect our circumstances. To make sure your organization doesn’t miss anything, develop a system to monitor messages from entities that influence your hiring. 

One recent guideline to note from the EEOC is the “direct threat standard,” which changes how employers can use health-related questions. Usually, employers can’t ask about medical conditions because of the Americans with Disabilities Act. Now, however, the direct threat of the pandemic allows employers to require health screenings in order to minimize COVID-19. If infection rates decrease, this guideline could be removed. 

We aren’t sure what the next year will look like, but we can still plan ahead. Make sure your organization is meeting all local mask requirements, is aware of potential policy changes in your area and ready to embrace change. At One Source, we can help you prepare your hiring strategy to be adaptable by tailoring your background check plan to your specific needs. If you have any questions about how you should approach hiring next year or how you can streamline your screenings, contact our Client Relations team or visit the Solutions tab.