Criminal Record Research

Pre-employment criminal record research is not conducted to find a shoplifting charge, the most frequent record that is developed, that occurred 20 years ago or other minor offenses. All in the Human Resources field are aware that practices must be in place to offer second chance opportunities for individuals who have made a mistake. The…

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Negligent Hiring

The recent case of a nurse’s aide, Reta Mays, who received seven life in prison sentences in a situation eerily similar to that of Charles Cullen, a nurse that murdered an unknown number of people in hospitals across two states. At least seven vulnerable veterans were murdered by Mays at a Veterans Administration hospital. This…

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Audits

When was the last time you audited your hiring processes? COVID has disrupted Human Resources processes and there has been little time available to professionals to perform their standard duties without finding additional responsibilities. If it has been some time, try to find an hour or two to conduct a quick review of your background…

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Failure to conduct background checks

FOX 13 in Salt Lake City reports that the candidate that was recently hired as the Managing Director of the Pioneer Theatre Company at the University of Utah, deceived recruiters with “outlandish” claims to obtain the position. The candidate portrayed “himself as “the Mastermind,” a major figure in the film, television, advertising, video game, music,…

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Online database of marijuana legislation relating to HR

When was the last time you reviewed your drug testing policy?  Workplace drug testing is even more complicated now due to the expansion of legalized marijuana and its effect on employment screening leading to potential lawsuits. There is a solution to this quagmire.  CurrentCompliance.org offers webinars, monthly legislative updates and most importantly, a nationwide on-line…

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The issues with continuous background checks

Background vendors are promoting what they call continuous background checks. But, what exactly is this service? It isn’t what the name implies. The only true criminal record search is conducted through a primary source, either through a state agency such as the state police on a statewide basis or directly through an individual criminal court.…

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Age discrimination

Connecticut is the latest state to take action in an attempt to curb age discrimination. Legislation similar to Ban the Box which prohibits employers from inquiring about criminal record histories in the earliest stages, employers with three or more employees are prohibited inquiring into the data of birth or age of a candidate in job…

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Due Diligence for Employers with Drivers

Do you have individuals driving company cars or driving personal cars for business purposes? Avoid a negligent hiring lawsuit by running a pre-employment driving record checks and avoid negligent retention lawsuits by conducting annual, and even better, bi-annual driving record checks to ensure your employees have not been involved in serious infractions or lost their…

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Steps HR can take to avoid a lawsuit

According to an article in law.com, the failure of a background vendor, Checkr, and their clients to follow Fair Credit Reporting Act (FCRA) guidelines resulted in a complaint filed in the Eastern District of New York on August 27, 2021 against the vendor, Uber and Lyft. The complaint claimed that Checkr provided inaccurate information to Uber and…

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Applicant tracking systems

Companies that rely on an automated hiring process A Harvard Business School study “Hidden Workers: Untapped Talent” found that automated hiring processes “regularly eliminate all but those candidates who most closely match the job requirements specified” and “those workers are thus hidden from consideration by the design and implementation of the very processes that were meant to maximize…

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Criminal History and Job Advertising

The New Jersey Office of the Attorney General and the New Jersey Department of Labor and Workforce Development investigated practices of employers and found fifteen companies were including language about the criminal history of applicants in their job advertisements. The employers were required to make changes to their hiring practices. The New Jersey “Ban the Box”…

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NY Marijuana Regulation and Taxation Act Drug Screening

Marijuana Regulation and Taxation Act (MRTA) was signed into law on March 31, 2021, and legalized marijuana use and possession for adults who are at least 21 years old or older. The New York Department of Labor (DOL) published new guidelines and confirmed that employers cannot drug test most workers for the use of marijuana. The DOL guidance answered…

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California Fair-Chance Act

The California Department of Fair Employment and Housing (DFEH) are taking a carrot and stick to the issue of the California Fair Chance Act. The DFEH is encouraging individuals to file complaints with the department and report advertising or processes in violation with this Act. The DFEH is offering a Fair Chance Act toolkit of resources and interactive training…

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Algorithms and bias

Time is money and, unfortunately for companies, hiring new employees takes significant time. Hiring decisions are also rife with human bias, leading some organizations to hand off at least part of their employee searches to outside tech companies who screen applicants with machine learning algorithms. If humans have such a hard time finding the best…

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Criminal research errors

How is it possible that a the results of a criminal record search can be accurately depicted by one background vendor as “clear” and another vendor reports records to the employer that are not associated with the same candidate.  Expunged records, criminal cases that were dismissed, or the individual successfully completed a pretrial intervention program…

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How far back is your vendor searching for a criminal record?

Most background vendors only conduct a search for a criminal that occurred within the past seven years? How far back does your vendor search? TABB INC. searches for records in each jurisdiction for as far back as the source holds records. TABB INC. will only report records that are developed in accordance with FCRA and…

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Instant criminal check failures

A lawsuit alleges that a candidate lost a job opportunity due to an error developed during the criminal search. The results reported to the employer “had two personal identifiers that did not match our client” according to Alexis Lehmann, Esq. Inaccurate criminal record results provided to employers are a growing concern when vendors utilize what…

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Expunge criminal records

The elephant in the room for candidates who have a prior interaction with the criminal court system is how to approach this topic prior to applying for employment. Far too many candidates fail to deal with a situation that can come back to haunt them. Many often believe that because they pled to a lesser…

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Negligent hiring and negligent referral

Article by KURT BLUMENAU OF THE MORNING CALl The following article highlights the importance conducting thorough pre-employment background checks and employment verifications. When there is a greater potential of harm to the public, or employees, the scope of the pre-employment investigation should be expanded for positions dealing with a vulnerable population. William Davis, a Registered…

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States Initiatives – Sealing criminal records from public view

Due to the adverse impact a criminal record may have on an individual to obtain employment, many states are taking a new look at their policies relating to the ability for an individual to expunge their criminal record. Several states have expanded the types of offenses that can be expunged and shorten the waiting period…

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