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HRO TODAY June 2014

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[ 24 ] HRO TODAY MAGAZINE | JUNE 2014 Background Screening A key attribute that technology delivers is automation and consistency of processes. A hot topic in recent years is the use of criminal searches in background screening. The ban the box movement has made organizations reconsider their approach to criminal searches; however, HireRight's survey reports that 95 percent of respondents use them in their program. Since 2012, the EEOC has taken action against employers that immediately remove candidates with criminal history, says Ken Monroe, director of operations for Background Investigation Bureau. Prior to that, no suit was ever filed, which speaks volumes. "The EEOC says they want to help those with a criminal history be able to rejoin the workforce," he explains. "And employers can understand the need to rehabilitate offenders and give them an opportunity to find gainful employment, but employers should still have the right to conduct screens and preclude those that would not be a good fit based on past crimes and nature of the job." The EEOC's recommendation? Individualized assessments that take into account the severity of the crime, how long ago it happened, and the nature of the job. The challenge is executing these assessments effectively, efficiently, and to scale. This is where technology steps in. "Technology conducts individualized assessments though electronic notifications, collects and stores responses, scores the assessment, and makes it easy to review," says Monroe. "Plus, it tracks every attempt to conduct the individualized assessment ensuring employers can demonstrate to the EEOC exactly how they are complying with the new EEOC guidelines." At the heart of it, background screening will always be about mitigating risks and ensuring organizations have the most valid and valuable employees. As the talent acquisition process matures, so will screening with programs that include pre- and post-hire assessments. Meeting Regulatory Requirements Regulatory requirements can be a minefield for HR executives: They are often shifting with high penalties for any missteps. Rachel Trindade, vice president of marketing for HireRight, shares some best practices to help ensure that employers maintains compliance: • Maintain a relationship with a key employment-law attorney to stay up-to-date on changing requirements that are pertinent. • Work with a reputable screening firm that offers built-in compliance tools in their system. • Be mindful of your unique industry needs and requirements. • Understand not only local, state, and federal requirements, but also guidance as it relates to those laws (e.g., EEOC guidance on the usage of the criminal history in employment). Peer-to-Peer Advice Paul Kulp, director of human resources for AdCare Administrative Services, issues nearly 2,000 annual background screens as a long-term care provider. He says AdCare's screens run the gamut depending on position: criminal checks for felony and misdemeanor; Social Security Number validation; Social Security Number trace; pre-employment and post-accident drug screening; national sex offender registry; E-Verify; motor vehicle records checks if applicable; healthcare sanctions checks and FACIS (Fraud and Abuse Control Information System); and license and credentials verification. He offers this advice to HR executives considering a program: • Understand the regulations for screening that pertain to their industry. There may be specific screening requirements for the types of services an organization provides. • Make employment screening an inherent part of the overall hiring process. Checking references, ensuring applications are complete and accurate, and conducting drug screening and any appropriate licensure checks will give a better view of a candidate as a whole. "A solid background screening program aligns with business strategies and supports operations by providing the most suitable candidates for hire," he says.

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