Become more educated about background checks. Let the blog community know about your personal experiences (good or bad) and any suggestions you would like to see that would greatly benefit your workplace safety and privacy.
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Just recently, a class action lawsuit claiming infringement of the Fair Credit Reporting Act (FCRA) was settled in the amount of $2.6 million. See Hall v. Vitran Express, Inc.
A former job applicant (lead plaintiff) in this class action lawsuit complained that due to defendant's manifested inability to procure signed authorization releases from potential job seekers before obtaining criminal background checks, their FCRA rights were violated. In addition, defendant failed to provide an FCRA compliant adverse action letter to their job applicants whom were rejected due to blemishes in their past criminal and credit records. From the surface, it appears as the employer (defendant) made substantial efforts in mantaining a safe workplace as well as avoiding a negligent hiring lawsuit due to no due diligence action on their behalf. But for some unstated reasons, they made the mistake of not notifying the applicant's to obtain their signed consent acknowledgement.
"The justified purpose of an FCRA adverse action letter is to provide the applicant the reasons for their disqualification and how to dispute the findings. To fully comply with those requirements, the employer or landlord must provide employee or tenant with a copy their background check report in addition to a copy of the FCRA summary of consumer rights."
Accordingly, employers should review their current human resources department's hiring policy to determine whether they abide by the FCRA guidlines and all pertinent state and local laws relevant to using criminal background checks and consumer credit reports when reviewing an applicant's employment opportunity in their workplace.
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Police: Background check for carnival worker fell through the cracks
By Tom Dalton Staff writer
http://www.salemnews.com/
SALEM — Police have checked the criminal backgrounds of more than 150 fortunetellers, street performers and outdoor vendors working here this Halloween season, but not the carnival worker who was charged with indecent assault over the weekend.
A background check wouldn't have turned up anything because the 18-year-old accused of groping a teenage girl Saturday on the Essex Street pedestrian mall does not have a record, according to police.
Despite that, Salem police are upset about the slip-up and the carnival operator's failure to include this young man's name on a list of individuals working at the carnival.
Not sure I follow... He did not have a prior criminal record. Background checks are used as a predictor of future actions based on past behavior that got them in trouble.
Someone dropped the ball and did not process a background check (which would have turned up nothing).
So it seems like this is simply about finger pointing after the fact. Take the kid out of the equation and you have someone who was negligent in doing their due diligence, which by itself may endanger others in the future by not fully uncovering a criminal having contact with children.
In conclusion: the kid is being used as the distraction instead of the person overseeing the background screening procedures.
