Screening your Applicants & All Things Hiring

Bringing your hiring process out of the shadows and into the light in a simple and easy solution to ensure FAIR hiring practices.

Violated Federal Hiring Guidelines

Paid Out Millions of Dollars in Lawsuits

Can you AFFORD to end up on this list?

Presenters:

▪ Jane McFadden- Client Advocate- Education and Outreach of updates, products, and services.

▪ John Robinson- Compliance Officer- Stay up to date on latest laws and legislation to keep our clients compliant.

Fair Credit Reporting Act

▪ Why is it regulated?

▪ What does it mean to me?

▪ What are the regulations

▪ How do I stay compliant?

▪ Questions?

Federal Trade Commission 1970

▪ Mistakes in Public Record

▪ Databases are not complete or current

▪ No Recourse Legal or Otherwise

▪ Records have mistakes

▪ 2013 FTC 26% estimated error rate

▪ Everyone should have a “fair shake”

▪ Win-Win for company and candidate

The FCRA is a federal law that regulates the collection, assembly, and use of consumer

report information

Giving the APPLICANT a FAIR SHAKE

A chance to tell their story

The FCRA is a federal law that regulates the collection, assembly, and use of

consumer report information

Out of the Dark Ages

Legal Hiring Practices Vs. Ignorance of Laws

Due Diligence Vs. Negligent Hiring

Fairness Vs. No Right to Know

Mitchell Fenton, CPPChief Security Officer at Baltusrol Golf Club

Improving your club’s safety and security

Improving your Safety and Security Presentation

Background Checks

▪ Living inside our club bubble- the industry is

changing from the days of turning our head to

one of litigation on negligent hiring, workplace

violence and harassment lawsuits awards with

huge numbers

▪ You’re looking for a company with state look ups

along with national checks

▪ If your club is not providing them on every

employee you are placing your club and your

membership in harm’s way.

Mitch Fenton Dec. 2012

A GM/COO could

be civilly liable

for a case of

negligent hire

Good Employee Employment Screening

Legal Compliance

Best Practice: Follow FCRA, EEOC, and State Laws

Consumer Reports

Information obtained about the applicant for employment purposes.

•Criminal Record Search•Driving Record Search•Reference Check•Education Verification•And Many More…

http://www.business.ftc.gov/documents/bus08-using-consumer-reports-what-employers-need-know

CRA’s

If you use someone else for information on any consumer report you must comply with FCRA

CRA= Any person that compiles and furnishes a “consumer report”

CRA’s Responsible for: being LEGAL and FAIR

Accuracy of a Report-

information from originating

sources

Up to date information- Current

Handling Disputed information

4 Simple Steps to FCRA

1. Disclosure

2. Authorizati

on

3. Pre-Adverse Action

4. Adverse Action

They might be simple, but we make them easy.

PAUSE

Disclosure

Applicant is told there will be a background check run on them

Authorization

The applicant gives written consent to the background check being performed

Pre-Adverse

Applicant is notified there is disqualifying information on the background check

Adverse

Action

Applicant is informed they will not be hired due to the information on the report

PAUSE

DisclosureInforming the applicant a background screen will be performed.

Authorization

Candidate signing they agree to the background check.

Steps 1 & 2 Disclosure & Authorization

Employer’s ResponsibilityWhen using a consumer report

Was information found that would disqualify the applicant?

No

PAUSE

Disclosure

Applicant is told there will be a background check run on them

Authorization

The applicant gives written consent to the background check being performed

Pre-Adverse

Applicant is notified there is disqualifying information on the background check

Adverse

Action

Applicant is informed they will not be hired due to the information on the report

PAUSE

Pre-Adverse Action

This is the notice given to applicants informing them that derogatory information was found on the consumer report.

PauseLet’s hear what the candidate has to say!

A “Fair Shake” to tell their story

Adverse ActionInforming the candidate you are NOT hiring them based in whole or in part on their consumer report.

Is there a Mistake?

Give applicant time to dispute the Consumer Report

Hire the applicant –OR–

Send Adverse Action Notice

Send Adverse Action Notice

Advise Candidate to Re-Apply

2 Options

4 Simple Steps to FCRA

“I do my own check”

Privacy & Discrimination

Source of Information

Excessive Information

Ignorance is no excuse under the law

Negligence- for missing what’s out there

Discriminatory- inconsistent with what you search

EEOC- Federal and State Regulations

“I don’t do any check”

▪ Are you taking the basic steps to avoid bad hires?

▪ Are you responsible for safety in the workplace?

What you don’t know about your applicant CAN hurt you!

NO EMPLOYER IS INVULNERABLE TO LITIGATION FROM

NEGLIGENT HIRING.

Companies have an obligation to keep their environment safe.

Employees

Patrons

Vendors

TABITHA LYNNAE COTTRELL VS

CRESTMOOR GOLF CLUB ETAL

&IMT INSURANCE CO VS

CRESTMOOR GOLF CLUB ETAL

4:03-cv-40269

Besides the legal obligation…If an Employee had a violent record or is a habitual

thief, would you want to know about it?

Out of the Dark Ages

Legal Hiring Practices Vs. Ignorance of Laws

Due Diligence Vs. Negligent Hiring

Fairness Vs. No Right to Know

Disclosure

Applicant is told there will be a background check run on them

Authorization

The applicant gives written consent to the background check being performed

Pre-Adverse

Applicant is notified there is disqualifying information on the background check

Adverse

Action

Applicant is informed they will not be hired due to the information on the report

PAUSE

We’ll be happy to take some time and answer your

questions.

Thank You!

QUESTIONS?