Locator Service has an article published in HR News -IPMA-HR. The Magazine of the International Public Management Association for Human Resources

1. EWS
MARCH 2017
THE MAGAZINE OF THE INTERNATIONAL PUBLIC MANAGEMENT ASSOCIATION FOR HUMAN RESOURCES
HRN
Trends in Preemployment
Screening for 2017
How Should Public Sector
HR Managers Respond to
Legalized Marijuana?
Background and
Reference Checks

2. HR NEWS MAGAZINE| 6 | MARCH 2017
A small group of states prohibit employers from conducting
background checks before extending an employment offer.
Other states restrict the types of information an organization
can obtain about a job applicant. Such restrictions can apply to
sealed or expunged criminal records, records of arrests that did
not result in convictions, and records older than a number of
years set by statute. Running afoul of these laws may occur if an
organization contracts with a company that purports to do instant
database checks because the results may not be reviewed for legal
compliance before being delivered.
Get Up-to-the-Minute Info
With proper safeguards in place, real-time background checks are
possible. Some courts and agencies report weekly, so rechecking
background info right before extending an employment offer can
make sense.
Do Not Trust Summaries
Use step-by-step processes and explanations in the relevant laws
and guidance when developing background check policies and
verifying compliance. FCRA, in particular, specifies exactly what
an employer has to do to use a background check when making a
hiring decision. It also clearly defines each type of adverse action
and lists the permissible uses of consumer reports.
Do not underestimate the importance of rereading each
employment-related subsection of FCRA for unlocking the law’s
meanings and reducing the risk of a lawsuit. For example, part
of what “disclosure” means is informing the applicant in a stand-
alone document. Companies have been sued for failing to provide
disclosures in stand-alone documents.
Know if You Must Ban the Box
Many states, counties, and cities are implementing Ban the Box
laws that prohibit an employer from asking a job applicant about
n background & reference checks n background & reference checks n
Y
our organization’s success depends partly on conducting
background checks using the right sources. What your
organization doesn’t know can hurt it. So, do your background
screeners keep current on requirements for legal compliance and
accurate reporting?
Following the letter and spirit of the laws in this area requires firm
understandings of, among others,
n Fair Credit Reporting Act (FCRA) procedures, which govern
adverse action complaints,
n Ban the Box laws in your city and state,
n State drug testing laws, and
n Equal Employment Opportunity Commission (EEOC)
guidance.
Embrace the Benefits of Contracting for
Background Check Services
You need a dependable team to complement the efforts of
human resources staff to meet the challenges of evolving laws
and wisdom governing preemployment screening and hiring
practices. Background-screening companies can play a vital role for
employers by
n Protecting job applicants’ rights,
n Promoting a safe work environment,
n Complying with state and federal regulations, and
n Providing risk-mitigation tools.
Watch for More FRCA Lawsuits
Requiring, conducting or sharing the information from
background checks improperly can result in legal action. In fact,
staffing companies are seeing growing numbers of individual and
class action FCRA lawsuits.
By Ticia L. Symonds
Trends in
Preemployment
Screening for 2017

3. his or her criminal history during an initial job application. Even
in the absence of such laws, the EEOC recommends eliminating
conviction-related questions from job applications and delaying
background checks.
The two-part rationale underlying this is to prevent discrimination
by giving an employer a chance to form an initial impression of an
applicant’s current character before learning of his or her criminal
history. An ex-offender will have a better chance of being viewed
as the best candidate when an application does not function as a
preliminary background check.
Ban the Box laws vary by jurisdiction. Some prohibit employers
from inquiring about arrests, dismissed charges, sealed records or
completion of diversion programs. Others restrict employers from
inquiring about criminal history before the first interview or until
after making a conditional offer of employment.
Some jurisdictions restrict an employer’s use of background
check information and require employers to consider factors such
as the time since a conviction or whether a reportable criminal
offense relates to the job. Many require an employer to give an
applicant additional notices, and some grant a right to appeal an
employer’s decisions if it is based on criminal history information.
While an employer can disqualify an applicant or withdraw a
conditional offer due to criminal history, some Ban the Box laws
limit withdrawal to situations in which such findings indicate
an applicant has a criminal conviction that directly affects the
applicant’s ability to perform the job.
Last, Ban the Box laws may apply only to government positions
or only to private jobs. Guidance on complying with all forms
of Ban the Box laws is available from the National Employment
WWW.IPMA-HR.ORG MARCH 2017 | 7 |
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Law Project (http://bit.ly/1G8k2dw) and the EEOC (http://bit.
ly/28Ro5Fc and http://bit.ly/2kvTrVO).
Understand Drug Testing
As of November 2016, Alaska, Arizona, Arkansas, California,
Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois,
Maine, Maryland, Massachusetts, Michigan, Minnesota,
Montana, Nevada, New Hampshire, New Jersey, New Mexico,
New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode
Island, Vermont, Washington and Washington, DC, permitted
use of medical marijuana. It is critical that employers keep abreast
of rapidly evolving laws on medical marijuana and modify their
drug policy accordingly.
Employers can only require drug testing of an applicant after
extending an employment offer. Marijuana use is considered a
violation of federal law, which protects employers that enforce
zero-tolerance workplace drug policies. The Drug-Free Workplace
Act of 1988 already holds federal employees and federal contractors
to this standard.
Recent court rulings recognize that employers still have the right
to refuse employment to applicants who test positive for marijuana
even when such use is medicinal.
Ticia L. Symonds is the president of Legal Locator Service, LLC, a
member of the National Association of Professional Background
Screeners. You can reach her at xx. This article does not provide legal
advice. Consult your attorney and the applicable laws. —N