9/2017 Latest Trends in Employment Background Checks
CEO Mario Pecoraro attended the 2017 National Association of Professional Background Screeners (NAPBS) conference held in Orlando. He met with several industry colleagues and professionals to learn about the latest legal and technology trends in the background investigations industry related to employment background checks. Alliance Risk Group actively participates in industry organizations to bring the highest level of due-diligence as well as best practices back to its clients. There were many topics discussed, including (just to name a few..)
- Adverse Action Process
- Drug & Alcohol Testing, including Legalized Marijuana Trends
- Fair Chance Act (Ban the Box) Trends
- FCRA Compliance Issues and Litigation Trends
- Inaccurate Background Investigations & Legal/Financial Implications on Employers and CRA’s (Consumer Reporting Agencies)
- Legal Compliance including 2017/18 trends
- Responding to Consumer Disputes
- Report Sharing/Auditing
- Information Security and Protecting Sensitive Information
- Third Parties and Staffing Firms: Best Practices to Avoid Liability
In addition, attendees observed a Q & A session with the FTC’s Bob Schoshinski, the Assistant Director in the Division of Privacy and Identity Protection. The industry as a whole is concerned with the FTC’s trends and thought process on accuracy, reduced identifiers in public records, and the frequency in which a Consumer Reporting Agency (like Alliance) should get a certification of permissible purpose from an end user. Mr. Schoshinski also touched upon the issue of a universal disclosure form and how much influence the FTC has on that process.
One of the most interesting takeaways had to do with the Audit Process, specifically on Report Sharing. Does your organization share a copy of its report with other parties/firms/contractors? BEWARE! This is seen often in staffing placement situations as well as third party facilities/sites where candidates are expected to pass employment background checks before being permitted on-site to a facility. We urge you to proceed with caution as there are many steps that should be followed before releasing any employment background check information regarding a potential applicant to a 3rd party.
Interested in reading about a recent industry related Class Action Suit? https://topclassactions.com/lawsuit-settlements/lawsuit-news/821270-starbucks-class-action-says-employee-background-checks-violate-fcra/ Learn how Starbucks was recently sued by Plaintiff Kevin Wills for allegedly failing to satisfy several mandatory disclosure requirements. In addition, Wills claims that he was denied employment because of erroneous information in his employment background check…errors he says COULD HAVE BEEN CORRECTED if Starbucks had given him the proper disclosures. In Class Action Lawsuits of this nature, the damages alone range from $100 – $1000 per violation, for each member of the class. When was the last time you revisited your Adverse Action Process along with Disclosure Forms to ensure compliance? SIGN UP FOR A COMPLIMENTARY REVIEW of your current process today to learn more to ensure you are compliant!