by Nick Fishman

We came across an article that we feel provides faulty information to the public. “On The Hunt for Information” comes to us from a Bowling Green University student newspaper, so we’ll give a slight pass to the publishers for not doing all their homework. However, it’s out there, so I’d like to deal with the insinuation that relying on Social Networking sites such as Facebook and My Space to aid the employment background screening process is a good practice. This is bad advice and those that use this type of information are begging for litigation.

We’ve opined on this issue extensively in the past, but thought it might be helpful to reiterate our thoughts. The practice of using Social Networking sites is a clear violation of a Consumers Rights under the FCRA and has the potential to raise the ire of the EEOC. There is no way to verify that the information found on such sites is in fact accurate, so if an employer makes an adverse decision based on erroneous information there is no way for the applicant to dispute. Secondly, how do employers make consistent hiring decisions based on the depth of information available on these sites?

Next are the potential opportunities for discrimination or at least the appearance of it. People post things such as religious beliefs, sexual orientation, political views, etc. Pictures obviously allow others to see skin color, and personal characteristics such as piercings, tattoos, and the like. Do employers want to defend themselves against such claims when they reject applicants after they’ve perused their Facebook profile?

SmartMoney magazine recently conducted an interview with employment attorney Jeanine DeBacker on this very topic. Her concerns with this practice include the following:

• Younger applicant’s (those that would be most affected) are unaware of the impact of posted questionable behavior and, or unaware of what is accepted in the professional world
• Hiring decisions can be influenced by personal judgment, including prohibited criteria (sexual orientation, for example)
• Is the information contained online a real predictor of future work behavior?

View the full article here. http://www.smartmoney.com/theproshop/index.cfm?story=20071213

What can we recommend to job applicants?

• Some employers are using Social Networking sites are part of their background screening procedures
• Job Applicants (especially younger ones) should be careful about what they post on Social Networking sites and keep a watchful eye on what others post about them

What can we recommend to employers?

• Do your homework on this issue and make sure you are aware of the myriad liabilities involved
• Careful of what you read out there. The article found in the Bowling Green newspaper does an adequate job of highlighting the issue, but does not tell the whole story

by Nick Fishman

I just read an article out of the Edmonton Sun about a city bus company that hired a driver through a contractor.  The driver subsequently was terminated and is sure to be prosecuted for molesting a child.  It turns out that the contractor never performed a background check.  (See full story)

This is a horribly regrettable situation, but hardly one that isn’t being repeated every single day.  Employers are forgetting to ensure that their contracted employees are being screened and if they are, they are not asking how and when they are being screened.

I just wrote an article about this exact topic and invite you to read it.

My Contractor Said They Performed a Background Check

by Jason Morris

I think this article is relevant because in many ways interviews are a way of vetting employees. Last week I attended the Recruiting Roadshow and Joel Cheesman of Cheezhead.com gave a great commentary on video resumes. Interestingly enough, he also showed a parody done by “The Daily Show” about the subject. Normally this is not a forum for comedy but I believe its a great way to show you the benefits and the liability of this new medium. First however, read the following article, then watch the video:

InterviewStudio Webinar Discusses Legal Considerations of Video Interviews and Resumes

Thursday May 8, 2008

Bellevue, Wash. — May 8
InterviewStudio, a new rich media platform used for the initial interview of a job candidate, has just made available its latest Webinar, “To Video or Not To Video: The Social and Legal Considerations of Video Interviews and Video Resumes.” The Webinar features legal views and perspectives from the EEOC, a private-practice law firm, and recruiting industry experts.

Though controversial, the video has arrived on the hiring scene, and employers and recruiters must now determine how they will use video interviews or resumes in their applicant-screening process while staying within the guidelines set forth by the EEOC and OFCCP.

InterviewStudio’s Webinar, “To Video or Not To Video,” presents employers and recruiters with the latest information they need regarding video usage in the screening process, with the EEOC’s views presented by an assistant legal counsel; practical advice on video risk management from Summit Law Group, a private practice firm based in Seattle; and an industry perspective from Colleen Aylward, a 16-year leader in the applicant screening market.

More

by Jason Morris

The American Society for Industrial Security (ASIS) has re-posted their Pre-employment Background Screening Guidelines for public comment through April 16th 2008. I had the honor of working on the original committee that published these guidelines in 2005 and 2006. Currently NAPBS is working with ASIS on these revisions. It appears that comments are not limited to ASIS members are are open to the public. employeescreenIQ staff members will be reviewing these guidelines and commenting on any issues we feel are outdated in regard to Background Screening, FCRA and, or State Law Compliance. It is still unclear whether or not international screening will be included in the updates.

by Jason Morris

I wanted to let our readers know that I will be in Las Vegas speaking at the HR in Hospitality Conference on Tuesday March 18th! Please be sure to come to my session HFS3: Trends in Employment Screening: What Foodservice HR Professionals Need to Know

Please don’t throw any tomatoes! Looking forward to seeing everyone there!

by Nick Fishman

I love Facebook.  I started using it earlier this year when I began to rail against the use of Social Networking sites in the employment screening process.  I felt that if I was going condemn this practice, I better understand what exactly I find objectionable.

What I didn’t expect to happen is that I would actually enjoy using it.  It was a great way to get in touch with people and to catch up.  However, it didn’t change my opinion about why it should not be used by employers to make a hiring decision.  My list of objections hasn’t changed (please refer back to prior blogs if you are interested), but I continue to find great articles on the topic that validate my opinion.

Read “Facebook a risky tool for background checks, lawyers warn” published  on  FinancialWeek.com

by Nick Fishman

I stumbled on this blog posting on Entrepreneur.com concerning the use of google to screen employees. I think this is great advice for the most part. The only question I would raise is that even if there was a policy in place for checking on-line information as she suggests, the argument could always be raised that subjective or impressible criteria was used when the adverse decision was made.

by Nick Fishman

The President of Washington-based Dollarwise payday stores, Charles Seil was operating his business from a prison cell over the summer. A pretty cool trick if you ask me, but the State of Washington didn’t think so when it found out after the fact. In fact, they revoked his license after getting an anonymous tip that he plead guilty to watercraft homicide and had been serving time.

Now, Mr. Seil was not an employee of his company so I doubt he would have instructed his people to run recurring background checks on him to allow for continuous employment, however if the state, which issued his license didn’t get this anonymous tip he’d still be operating his business. What could the state have done?

We’ve written much about the concept of Continuous or Recurring Background Checks recently:

Background Checks for Current Employees

Well, they did perform a background check to issue the license. However, that background check was conducted well before this incident took place. If the had a program in place to update the information, they could have caught this.

The same concept applies to any employer. It’s great that so many organizations see the value in conducting background checks in order to make an informed hiring decision. But, that check doesn’t guarantee that something hasn’t happen since the time that the applicant hired.

Check out the links above for some suggestions on how to effectively screen your current employees.

by Nick Fishman

Thought you might enjoy this article on the use of Social Networking sites in the background screening process entitled “More Firms Screen Social Sites“. As most of you know, I am highly opposed to this practice and think this article does a nice job at framing the issue. I also found it refreshing to see that some universities offer guidance on what is appropriate content for posting. Lastly, I agree with this take offered by Human Resources Executive.

Screening candidates using these social networking sites may seem like a good idea, but companies who engage in the practice could be opening themselves up to potential violations of personal privacy and equal protection laws, according to the magazine Human Resources Executive.

by Nick Fishman

Check out my recent Xtra Cheezhead post concerning the use of Social Networking Sites in Background Screening process.

I found a great interview in SmartMoney Magazine with employment attorney Jeanine DeBacker on the topic which highlights her thoughts on this practice and the potential for litigation.

Click here to view the full post.