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Contemporary Security Management Chapter 14 Pre-Employment Screening

Contemporary Security Management Chapter 14 Pre-Employment Screening. What You Will Learn. The rational for pre-employment screening. Negligent hiring and its consequences. Federal legislation relevant to screening and hiring practices.

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Contemporary Security Management Chapter 14 Pre-Employment Screening

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  1. Chapter 14 - Pre-Employment Screening

  2. Contemporary Security Management Chapter 14 Pre-Employment Screening Chapter 14 - Pre-Employment Screening

  3. What You Will Learn • The rational for pre-employment screening. • Negligent hiring and its consequences. • Federal legislation relevant to screening and hiring practices. • Major provisions of the Fair Credit Reporting Act (FCRA). • The nature of a background inquiry • Tests used in pre-employment screening. Chapter 14 - Pre-Employment Screening

  4. Introduction 233 • Employers conduct pre-employment background checks because laws and regulations place a duty on them to maintain a safe and secure working environment, including the duty to protect workers, guests, and the public from harmful acts of employees. Chapter 14 - Pre-Employment Screening

  5. Selection and Placement • Selection • The process of choosing individuals with qualifications needed to fill jobs in an organization. • Organizations need qualified employees to succeed. • “Hire hard, manage easy.” • “Good training will not make up for bad selection.” • Placement • Fitting a person to the right job. Chapter 14 - Pre-Employment Screening

  6. Applicant Knowledge, Skills, and Abilities • Person-Job Fit • Matching the knowledge, skills and abilities (KSAs) of people to the characteristics of jobs (tasks, duties and responsibilities–TDRs). • Benefits of person-job fit: • Higher employee performance • Lower turnover and absenteeism • Person-Organization Fit • The congruence between individuals and organizational factors. KSAs = TDRs = Job Success? Chapter 14 - Pre-Employment Screening

  7. Negligent Hiring 234 • Negligent Hiring • Occurs when an employer fails to check the background of an employee who injures someone. • Employers are liable for employees’ actions • Respondeat superior (“let the master answer”) is the basis for negligent hiring allegations. • Under this concept an employer can be held liable for the unlawful act of an employee. Chapter 14 - Pre-Employment Screening

  8. Negligent Hiring • Negligent Retention • Occurs when an employer is aware an employee may be unfit for employment, continues to employ the person, and the person injures someone. Chapter 14 - Pre-Employment Screening

  9. Employment Application Form 234 • The application form is the main administrative device for capturing prior employment and personal references information. • Work references: don’t place too much reliance on them. Chapter 14 - Pre-Employment Screening

  10. Applications • Purposes of Applications • Record of applicant’s desire for the job • Provides a profile of the applicant • Basic record for applicants hired • Research effectiveness of the selection process • Resumes as Applications • Resumes are applications for EEO purposes. • Resumes should be checked for truthfulness. Chapter 14 - Pre-Employment Screening

  11. EEO Considerations and Application Forms – Questions Not To Ask • Marital status • Height/weight • Number and ages of dependents • Information on spouse • Date of high school graduation • Contact in case of emergency • Religion • Age • Ethnicity • Disabilities • Political Leaning • Financial status questions • Organization membership • Hobbies • Type of military discharge • Citizenship, place of birth, alienage or ancestry questions Chapter 14 - Pre-Employment Screening

  12. EEO Considerations and Application FormsPermitted Questions • Questions relevant to the position: • Ask if the applicant is 18 years of age if the position must be performed by someone of minimum legal age job for which you are hiring • Ask applicants if they are authorized to work in the United States • On the application, list the essential functions of the job and ask applicants if they can perform the essential functions without or without reasonable accommodations • Ask applicants questions about their education, skills and work experience only if they relate to the successful performance of the job for which you are hiring Chapter 14 - Pre-Employment Screening

  13. Verifying Application Information 235 • A well-designed application will do three things: • Rule out improper questions that can violate the various laws and rules pertaining to job selection. • Obtain the applicant's signature indicating that he or she understands that prescreening may be necessary and willingly consents to screening such as accessing public records and interviewing people. • Inform the applicant that false information or omitted information can result in refusal to hire. Chapter 14 - Pre-Employment Screening

  14. Criteria For Application Entries • Full name and aliases. • Social security number and/or driving license number • Place of birth • Date of birth if age is relevant to the job or if the person is over 40 and the job requires a certain level of strength or stamina or if the unique demands of the job require the worker's age to be in the range of a certain number of years. • Current address and chronology of previous addresses. • History of prior jobs. • Military history, this search is made to verify an applicant’s military history. Chapter 14 - Pre-Employment Screening

  15. Credit Header 236 • A "credit header" is the information at the top of a credit report that gives basic information about the person including name, D.O.B and confirmation of the SSN. • A credit header includes such information as name, variations of names, current and prior address, phone number, date of birth, and Social Security Number. • This identifying information links information in a credit report to a particular individual. Chapter 14 - Pre-Employment Screening

  16. The Social Security Number 236 • 012-34-5678 • The first three digits are an area number. Before 1973, the first three numbers corresponded to the state where the individual obtained their social security card. After ‘73 the first three corresponded to the ZIP code of the mailing address shown on the individual's application for the card. • The middle two digits are the group number. • The last four are serial numbers. Chapter 14 - Pre-Employment Screening

  17. Employer Preferences 237 • Pre-employment screen should include: • The credentials of the applicant: Does the applicant have the skill, knowledge, and attitude demanded by the job sought? • The identity of the applicant: Is the applicant using a false name, and why? • The personal history of the applicant: What has the applicant done in the past that could affect their job performance if hired? Chapter 14 - Pre-Employment Screening

  18. The Background Inquiry • The background inquiry (BI) is a follow-on inquiry, to a pre-employment screen, when there is reason to believe it is necessary to verify the applicant’s credentials in order to prove or disprove relevant information. • The investigator dredges up the relevant information; the employer makes the final, objective judgment. Chapter 14 - Pre-Employment Screening

  19. The Selection Process Background Investigation Methods: • Internal investigation: checks former employers, personal references and possibly credit sources. • External investigation: Uses a reference-checking firm which may obtain more information, while complying with privacy rights.

  20. Consumer Reports • Employment background checks also are known as consumer reports. • They can include information from a variety of sources, including credit reports and criminal records. • When you use consumer reports to make employment decisions, including hiring, retention, promotion or reassignment, you must comply with the Fair Credit Reporting Act (FCRA). • The Federal Trade Commission (FTC) enforces the FCRA. Chapter 14 - Pre-Employment Screening

  21. Complying with the Fair Credit Reporting Act (FCRA) • You must: • Tell the applicant or employee that you might use information in their consumer report for decisions related to their employment. • This notice must be in writing and in a stand-alone format. The notice cannot be in an employment application. • You can include some minor additional information in the notice, like a brief description of the nature of consumer reports, but only if it does not confuse or detract from the notice. Chapter 14 - Pre-Employment Screening

  22. Complying with the Fair Credit Reporting Act (FCRA) • Get written permission from the applicant or employee. • This can be part of the document you use to notify the person that you will get a consumer report. • If you want the authorization to allow you to get consumer reports throughout the person's employment, make sure you say so clearly and conspicuously. Chapter 14 - Pre-Employment Screening

  23. Complying with the Fair Credit Reporting Act (FCRA) • Certify compliance to the company from which you are getting the applicant or employee's information. You must certify that you: • notified the applicant or employee and got their permission to get a consumer report; • complied with all of the FCRA requirements; and • will not discriminate against the applicant or employee or otherwise misuse the information, as provided by any applicable federal or state equal opportunity laws or regulations. Chapter 14 - Pre-Employment Screening

  24. Before You Take an Adverse Action • Before you reject a job application, reassign or terminate an employee, deny a promotion, or take any other adverse employment action based on information in a consumer report, you must give the applicant or employee: • a notice that includes a copy of the consumer report you relied on to make your decision; and • a copy of A Summary of Your Rights Under the Fair Credit Reporting Act, which the company that gave you the report should have given to you. Chapter 14 - Pre-Employment Screening

  25. After You Take an Adverse Action • If you take an adverse action based on information in a consumer report, you must give the applicant or employee a notice of that fact – orally, in writing, or electronically. Chapter 14 - Pre-Employment Screening

  26. After You Take an Adverse Action • An adverse action notice tells people about their rights to see information being reported about them and to correct inaccurate information. The notice must include: • the name, address, and phone number of the consumer reporting company that supplied the report; • a statement that the company that supplied the report did not make the decision to take the unfavorable action and can't give specific reasons for it; and • a notice of the person's right to dispute the accuracy or completeness of any information the consumer reporting company furnished, and to get an additional free report from the company if the person asks for it within 60 days. Chapter 14 - Pre-Employment Screening

  27. After You Take an Adverse Action • Investigative Reports • Employers who use "investigative reports" – reports based on personal interviews concerning a person's character, general reputation, personal characteristics, and lifestyle – have additional obligations under the FCRA. • These obligations include giving written notice that you may request or have requested an investigative consumer report, and giving a statement that the person has a right to request additional disclosures and a summary of the scope and substance of the report. (See 15 U.S.C. section 1681d(a), (b)). Chapter 14 - Pre-Employment Screening

  28. Disposing of Consumer Reports • When you're done using a consumer report, you must securely dispose of the report and any information you gathered from it. • That can include burning, pulverizing, or shredding paper documents and disposing of electronic information so that it can’t be read or reconstructed. Chapter 14 - Pre-Employment Screening

  29. Q. Is checking someone’s education considered to be an investigative consumer report or a regular consumer report? • The difference between a consumer report and an investigative report is who you’re asking. • If you’re going through a credit reporting agency or just doing an education screen and you’re running a standard report, that’s a consumer report. • However, if you are asking for specific information, such as calling a reference or professor, then it’s investigative. • It’s not the information requested that determines whether it’s a consumer report or investigative report; it matters who you’re getting the information from. Chapter 14 - Pre-Employment Screening

  30. Summary • What is a Credit Report? • Your credit report is a collection of data gathered from your creditors, which summarizes your credit history. • When you apply for a new line of credit or loan, your bank, credit card company or mortgage lender uses your credit report to evaluate the potential risk of lending money to you. • Credit reports are provided by the three main credit bureaus (Experian, Equifax and Transunion) and are available for free once per year from annualcreditreport.com. • Credit reports will provide a comprehensive, detailed summary of the credit that has been extended to you and whether you’ve paid it back on time. • Keep in mind, however, a credit report is not the same as a credit score, which summarizes the information on your reports into a three-digit number used for evaluation purposes. Chapter 14 - Pre-Employment Screening

  31. Summary • An investigative consumer report is a type of report that is more like a detailed background check. • It summarizes information about your character, general reputation, personal characteristics and way of living. The gathering of that information may even include interviews with your neighbors, friends and associates about your lifestyle, character and reputation. • Investigative consumer reports will not include any information about your credit record obtained directly from a creditor, or from you. • It is not used, and cannot be used, as part of an application to grant credit. • Normally, the use of investigative consumer reports is limited to certain specific uses, such as employment background checks, or insurance application. Chapter 14 - Pre-Employment Screening

  32. Summary • If anyone chooses to perform an investigative consumer report on you, you will be notified in writing of such an action. • If someone requests an investigative consumer report for employment purposes, federal law requires them to obtain permission from you first. • If your application for employment is rejected as a result of one, the employer must give you a copy of the report. • If your application for insurance is rejected, you may contact the credit reporting agency for more information. However, the credit reporting agency does not need to reveal the sources of its information. Chapter 14 - Pre-Employment Screening

  33. Summary • Investigative consumer report comparisons are effective methods of evaluating a person, especially for employment. • Federal law regulating investigative consumer reports is strict, but state laws governing background checks and credit checks do differ from one another. Chapter 14 - Pre-Employment Screening

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