Issue link: https://www.e-digitaleditions.com/i/131821
EmployeeRelocation Screening "Under the doctrine of negligent hire, businesses must do background checks, otherwise they are considered negligent," Greenblatt says. "If they hire a worker who then harms somebody at work, the business could have reasonably known they had a violent history if they had checked them out before hiring them." While the decision is ultimately up to clients, Greenblatt recommends that every business should screen everybody, "as it's all about safety in the workplace." Not only do employers need vendors that up on the latest changes in their industry's particular compliance requirements, but also the latest changes in the Fair Credit Reporting Act, which governs how screening vendors must conduct background checks of prospective employees, he says. While compliance has always been a top concern for heavily regulated industries, recent EEOC guidance and lawsuits have pushed less regulated industries, such as retail and food services, to also have a renewed focus on compliance when it comes to their background screening program, says John Lawrence, vice president of marketing at General Information Services. (GIS). Greenblatt agrees. "You've really got to be totally buttoned up and knowledgeable in every nook and cranny of the FCRA if you don't want to be subject to lawsuits. Recently K-Mart was sued with over 60,000 alleged class members." HireRight's DeLoach says that screening firms can also provide management and reporting capabilities that employers can use to conduct mandated program audits and produce supporting reports and documentation. Staying on I-9 Compliance Another area of compliance where screening companies can assist employers is I-9 management and U.S. employment eligibility verifications, DeLoach says. "The government is conducting increasingly stringent audits and imposing increasingly stiffer penalties for organizations that have employed workers who are not eligible to work in the U.S.," she says. While the U.S. Immigration and Customs Enforcement in 2007 conducted 250 I-9 audits, in 2012 there were more than 3,000 audits with fines totaling approximately $13 million and arrests of 238 managers on charges of hiring illegal immigrants. "Even for employers not required to do so, conducting through an authorized screening provider an E-Verify check to confirm U.S. employment eligibility can be an important screening practice that can help demonstrate the company is making a good faith effort towards compliance," DeLoach says. "Also, managing the I-9 process electronically through a screening provider helps employers improve compliance and process management by leveraging technology to confirm that forms are completed, updated and stored correctly, and to be able to conduct audits and run reports quickly and efficiently." Multiple states have passed laws requiring different types or sizes of businesses to use E-Verify or a similar program, says GIS owner and CEO Raymond Conrad. State legislation in pre-employment background screening is more active than ever before, a particular challenge for employers with operations in multiple states. Clients can stay informed through GIS's EEOC webinars every other month or through its newsletter and website that features a complete list of updates and compliance-focused articles. "Background screening providers that have great compliance assistance and stay on top of upcoming legislation and regulations on behalf of their clients have always had an advantage, but this is even more true today," Conrad says. "Between EEOC activity, FCRA authority changing over to the Consumer Financial Protection Bureau, 'Ban the Box' proposals across the nation" to eliminate questions on employment applications that ask whether the applicant has been convicted of a crime or been incarcerated, "and enough state and industry-specific background screening legislation proposals to make the everyday HR practitioner's head spin, compliance assistance is gaining importance in a substantial way. " APRIL 2013 | www.hrotoday.com [39]