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Why
pre-screen?
Employers
have become painfully aware of the tremendous consequences of bad
hiring decisions. Pre-screening promotes a safe and profitable workplace.
Pre-employment screening is an effective risk management tool that
has been proven to significantly reduce the risk of a bad hire.
Employers typically engage in pre-employment screening for four
reasons:
- To discourage
applicants with something to hide--just having a pre-screening
program discourages job applicants with a criminal background
or falsified credentials.
- To eliminate
uncertainty in the hiring process--many employers have discovered
the hard way that relying on instinct alone is not enough. Hard
information is also an important part of the hiring process.
- To demonstrate
Due Diligence--all employers have a reasonable duty of care in
the hiring process. That means an employer must take reasonable
steps to determine whether an employee is fit for a particular
job. For example, an employer who hires a bus driver could be
found liable if that driver assaults a passenger, and a reasonable
background check would have disclosed prior assaults during a
criminal records research process.
- To encourage
honesty in the application and interview process--Employers find
that just having a background program will encourage applicants
to be more forthcoming about their history.
Performing background screenings is certainly not a guarantee
that every bad applicant will be discovered. For the prices charged
by pre-screening firms, employers cannot expect an in-depth and
exhaustive FBI type investigation. However, just engaging in a
screening program demonstrates due diligence and provides an employer
with a great deal of legal protection.
It is also important to understand that a pre-screening program
is aimed at how a person has performed in the public aspect of
their lives. Items such as a criminal records or previous job
performance reflects how a person behaved towards others, or discharged
their obligations and responsibilities. Screening is NOT an invasion
of privacy, a sign of mistrust or an act of "Big Brother."
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Why
should a firm outsource this service?
Pre-employment screening is a time consuming and detailed
task that requires highly specialized knowledge and resources. It
is also subject to numerous legal regulations. Many firms have found
that it is an inefficient use of their time and resources to attempt
to perform a service that a specialist can do efficiently and cost-effectively.
Even
firms with fully staffed Human Resources or Security departments
have found that outsourcing this service is more efficient and
allows them to focus on tasks that can only be performed inside
the company. Many HR and Security professionals also prefer that
a new employee's first contact with their department not be a
background check. Also, outsourcing this service does not leave
a new employee feeling that confidential information about them
is being obtained by others in the firm.
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What
laws govern the collection and use of the information you make
available?
The FCRA (Fair Credit Reporting Act) is the law that allows the
applicant to have a copy of our reports and to challenge it's
accuracy. The EEOC regulations allow you to pre-screen applicants,
but prohibits you from hiring decisions based on sex, age, race,
etc.
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It
may be legal to get this information about a job applicant, but
is it legal to use it to make a hiring decision?
Absolutely! Misstatements on an application are grounds for dismissal
of an employee or denying an applicant. In fact, if you hire a
dangerous or unqualified person into a position where they could
harm others, and a reasonable inquiry would have revealed that
information, you can be held liable for the employee's acts.
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What
happens if I get a candidate for a job who has an excellent resume
and has other job offers and I can't wait for a background check?
Hire that person contingent upon a successful background
check. If you find that the person made misstatements on their
application or resume, that is grounds for dismissal. Remember
that our Applicant Consent Form is your first line of defense.
If they know that you are going to verify information they are
much less likely to misrepresent themselves.
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Why
must I have the applicant's permission to do a background search?
Simply stated, it's the law. The federal Fair Credit
Reporting Act governs background searches, and violations of this
act can have serious legal ramifications. In this situation, the
FCRA was designed to protect the individual consumer and his/her
privacy.
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What
is the FCRA?
The FCRA is the federal Fair Credit Reporting Act, which
is the governing act applicable to background searches. The federal
Fair Credit Reporting Act (FCRA) stipulates that certain forms and
procedures be followed in order to preserve the rights and privacy
of applicants. Violations of this act may create substantial legal
ramifications.
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What
does the Fair Credit Reporting Act have to do with a criminal search?
The FCRA governs all background searches, not just credit reports.
The Act defines permissible purposes, how the information is handled,
what procedures and documentation must be followed, and even defines
the procedures for when an applicant is denied a job based on the
results. There is a great deal more to know about the FCRA, and
we recommend all personnel responsible for hiring employees be aware
of the impact this act has on your employment decisions. The full
text is available at: www.ftc.gov/os/statutes/fcrajump.htm
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If
I do not intend to hire an applicant, do I have an obligation to
that individual?
It all depends on why you are not hiring them. If the background
search revealed information that caused this adverse action, then
you are required by the FCRA to notify them of your intent not to
hire them, issue a copy of their Summary Of Rights, and supply a
copy of all the background reports gathered. After allowing them
time to dispute the results, you must then notify them that their
application has been terminated.
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Are
statewide searches sufficient as a criminal history search?
This question is very difficult to answer. Although many states
offer this level of search, we have witnessed a lack of sufficient
information, in our opinion, to make realistic due diligence decisions.
Statewide searches often only contain what the counties chose
to report, and some states do not require county participation
- it is strictly on a volunteer basis. Additionally, most states
have lengthy turnaround time, causing delays in reports. We will
gladly do a statewide search where offered, but we do not believe
that a statewide search by itself provides sufficient information
for an informed hiring decision to be made.
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Are
Felony and Misdemeanor records always together?
In most counties and states they are housed in the same court
and therefore available together. However, you are welcome to
order just felony convictions. Those few counties that do not
house their criminal records together require a separate search
and possibly additional fees.
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May
I select only Felony searches?
Absolutely, as long as all applicants for that level of position
are reviewed under the same scrutiny.
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Are
Motor Vehicle Records (MVR) considered public records?
No, they are not considered public records. That means you must
have a 'permissible purpose' and some states may require proof
of this with a signed release. Each state establishes their own
level of information and the length of reportable data for employment
searches.
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Is
it legal to pull your own or your family member's credit report?
You must have legitimate permissible purpose to pull any credit
report, even your own. Inform members of your staff who are authorized
to pull credit reports that it is a violation of Section 604 of
the Fair Credit Reporting Act to ask for a credit report without
legitimate permissible purpose. It is a violation of the law and
may provide the subject of the report with grounds for a damage
suit. From TU News
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Can
you verify social security numbers?
We can access several searches that can help determine the relationship
of a social security number and the related names used, or when
and where the SSN was issued. However, only the Social Security
Administration can confirm a social security number is legal and
belongs to a specific person. Although the federal government is
currently testing other solutions, only the following procedure
is available to truly verify a person's social security number.
POST-EMPLOYMENT
SSN VERIFICATION
Up to 5 names - Call 1-800-772-6270 or 1-800-883-1213
Up to 50 names - Fax a list to your nearest SSA office
Over 50 names - Register for Enumeration Verification Service
(EVS) Each request must include SSN, full name, date of birth
and sex
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How
do I know which searches I should request?
Your background searches should be predicated on the position for
which you are hiring, not on the individual you are hiring. In other
words, define your searches based on the needs of the job and apply
it consistently for all applicants.
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What
do I do if an applicant says the report is not accurate or not
them at all?
First, let us know what they are disputing. We will run the search
again and either correct the information found or confirm the
original information. We cannot guarantee the information is accurate;
we can only guarantee it is in the public records and matches
the major identifiers of your candidate. As the end-user, you
are the only one who can confirm the identity of the individual.
Only through fingerprints can a true identity be made.
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I've
been told that I should not ask an applicant for date of birth,
yet it is required to do most searches. Why the contradiction?
You are not allowed to use the date of birth as a determination
in offering a job; that would be discriminatory. However, DOB
is one of the identifiers that local and state government agencies
use when criminal records are filed. Therefore it is permissible
to request it in conjunction with these searches. If you are concerned
about this, we will gladly allow the applicant to supply this
piece of information directly to us, thus removing the DOB from
your pre-employment inquiries.
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Why
do I need a search firm? Isn't most of this information online?
Contrary to popular opinion, criminal and other searches
are not 'available online.' Very few county court records are
accessible online, and then only with special access procedures
and fees. Most of the advertised sources of online criminal history
do not come directly from the courts, but is retrieved from databases
that are not always accurate or current. Always ask if their searches
are direct from the originating source or are they simply pulled
from a purchased database.
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How
common is drug testing?
In 1983, only 3% of the Fortune 200 companies were testing one
or more classes of job applicants or employers. By 1991, 98% had
implemented some form of drug testing.
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Can
a drug test be 'beaten'?
Yes, but the odds are long and getting longer all the time. The
science of drug testing has progressed significantly in recent years.
Some of the procedures that have been instituted to determine intentional
attempts at 'beating' a drug screen are:
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Chain of Custody procedures and specific protocols that track
the specimen from the moment of collection through the processing
and storage procedure;
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Temperature
strips, which assure the sample temperature matches body temperature
at the time the collection is made;
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Integrity
testing, to determine Creatinine and specific gravity levels,
which detect attempts to dilute the specimen;
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Adulterant
testing, developed to identify attempts to use nitrites and
other adulterants as a means to disguise drugs in the collected
sample.
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What
about 'false positives?'
Most of the popular stories about what triggers a 'false positive'
- such as what you eat or drink, what cosmetics you use, or what
over-the-counter medicines you take - are based on misconceptions.
They either:
- Don't show
up at all
- Are not detected
at sufficient levels
- Are easily
distinguishable in the laboratory
Some employees
have claimed that passive inhalation of marijuana smoke caused their
'positive' test results. However, studies have shown that the exposure
would have had to be so constant and prolonged, and in such a confined
space, as to represent an absurd scenario. Yes, you will test 'positive'
if you are in a sealed phone booth with four marijuana smokers who
smoke non-stop for eight hours. Otherwise, the claim of passive
inhalation triggering a 'positive' test result is easily rejected.
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Must
I have a drug policy in place before I start drug testing?
Yes! You must also notify all current employees of the new policy
and allow sufficient time for this new policy to be recognized throughout
your company. Although you may start pre-employment testing as soon
as a drug screening policy is in place, it is strongly recommended
that there be a waiting period before asking current employees to
submit to testing.
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An
applicant tests positive for drugs and claims there must be a mistake.
Should I allow him to have a second drug screen?
Under no circumstances should an applicant / employee be allowed
to have a 'new' specimen collected when they claim 'the lab made
a mistake'. If the Chain of Custody is intact, there is virtually
no room for error. Keep this in mind: these tests are highly structured,
federally regulated, sophisticated procedures. A mistake is not
likely. There are other options available at this point: re-confirming
the original specimen; transporting the specimen to a lab for testing;
or the services of a Medical Review Officer.
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How
long do drugs stay in an individual's system?
Drugs do not typically remain in the body for very long. Often no
more than 24 - 72 hours, depending on the frequency of use and the
individual's body functions. Marijuana is the exception, staying sometimes
from several days to several weeks, again depending on the circumstances.
However, through hair analysis, drugs are detectable up to 90 days
after drug use.
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What
happens to the specimen when someone tests positive?
When a specimen tests positive, it is automatically scheduled to be
processed at a certified laboratory to confirm the presence of the
drug in question. If this sample is confirmed positive, then the balance
of the specimen is stored under strict laboratory procedures for future
needs. It is held under refrigerated conditions for at least six months.
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Should
I fire an individual for having a positive result?
Every company has different policies. Some find termination as the
only answer for a positive drug screen, as drug use is an immediate
breach of company policy. On the other hand, many companies now offer
Employee Assistance Programs (EAP), which include drug and alcohol
counseling and treatment.
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Isn't
marijuana just a recreational drug?
Marijuana today can have 22 times the potency (THC content) that Marijuana
did in the late '60s. It is retained in the fatty tissue of the body
for several days and it can cause impairment long after the 'high'
wears off.
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We
do pre-employment screening. Is it important for my company to do
other drug testing?
Absolutely. Pre-employment screening is only effective in discovering
hard-core abusers; those who cannot abstain for a short period of
time while they look for work. The only effective way to truly make
your place of employment drug-free is to include in your drug policy
the stipulation that you reserve the right to test for a variety of
recognized specific situations. See Types of Drug Screening elsewhere
on this site. Be aware that some states limit or forbid the use of
certain types of drug screening.
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What
is a chain of custody and why is it important?
This is the detailed documentation of the drug screening process,
which accounts for the integrity of each step of the procedure, by
tracking the handling and storage of the specimen from collection
to disposal. This multi-part medical document, with assigned barcode
numbers, facilitates the process and documents by whom, when and for
what purpose the specimen was handled. Clinical labs will not proceed
with a drug screen if they recognize the chain of custody has been
broken. With a fully executed Chain of Custody, the drug screen result
is completely and legally defensible.
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What
is the difference between laboratories?
There can be a multitude of differences, but the most important is
whether or not it is a certified lab. While not required in the private
sector, it is highly advisable and more defensible in terms of a legal
standpoint to use a certified laboratory. Drug testing laboratories
can be certified by:
- The US Dept
of Health and Human Services (HHS), also known as SAMHSA (formerly
NIDA);
- The College
of American Pathology; and
- Many state
health departments.
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What
are NIDA and SAMHSA?
SAMHSA stands for Substance Abuse & Mental Health Services Administration.
NIDA stands for National Institute for Drug Abuse. These are federal
bureaus that create and administer public policies and standards
where drug and alcohol issues are involved. The cutoff levels for
drug screening are set by SAMHSA, and only laboratories that meet
SAMHSA certification requirements are utilized by FC Background.
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What
is the difference between a 5-panel screen and a 10-panel screen?
The collection procedure and screening process are identical. The
difference is the number of drugs for which the specimen is screened.
| 10
PANEL SCREENING |
5
PANEL SCREEN |
| Amphetamines |
Amphetamines |
| Barbiturates |
|
| Benzodiazepines |
|
| Cocaine
Metabolites |
Cocaine
Metabolites |
| Marijuana
Metabolites |
Marijuana
Metabolites |
| Methadone |
|
| Methaqualone |
|
| Opiates |
Opiates |
| Phencyclidine
(PCP) |
Phencyclidine
(PCP) |
| Propoxyphene |
|
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What
exactly is 'low creatinine' in a drug test?
Low Creatinine indicates a specimen is below minimum concentrate
levels, and therefore the results are not conclusive. Also known
as a 'dilute' specimen, it has a creatinine reading less than 20
mg/dL, but greater than 5 mg/dL, and a specific gravity less than
1.003, but greater than 1.001.
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What
is an adulterated specimen and do you screen for that?
Adulteration screening is standard in our drug screens. It screens
for the presences of nitrites, a chemical purchased for the distinct
purpose of adulterating the specimen to obscure the presence of
drugs. Although it might be successful in obscuring drugs, the
nitrites themselves are detectable and can be considered a 'positive'
drug screen; and therefore employment decisions can be made based
on that 'confirmed positive.' Nitrites are not a personality-altering
substance, nor addictive.
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What
is the difference between a 'diluted' specimen, a 'substituted'
specimen and an 'adulterated' specimen?
A 'diluted' specimen is when an individual has either intentionally
ingested high levels of liquid or added a liquid to the collected
specimen in order to decrease the concentration of the specimen.
If a specimen is sufficiently diluted, it makes it difficult for
the lab to identify any drugs that might be present. Specifically,
a diluted specimen has a creatinine reading less than 20 mg/dL,
but greater than 5 mg/dL, and a specific gravity less than 1.003,
but greater than 1.001.
A 'substituted'
specimen is when something other than human urine has been submitted
as the candidate's collected sample. Simply stated, such specimens
do not exhibit the clinical signs or characteristics associated
with normal urine. Specifically, a substituted specimen has a
creatinine of less than or equal to 5mg/dL and a specific gravity
less than or equal to 1.001 or greater than or equal to 1.020.
An 'adulterated'
specimen is when an individual has introduced a foreign substance
into the collected sample to intentionally disguise drugs in the
urine. There are numerous products on the market, such as Klear,
that are very easily bought on the Internet and have been designed
for just this purpose. Specifically, an adulterated specimen is
when the nitrite concentration is equal to or great than 500 cg/mL.
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Where
do I find the special requirement and laws for each state, concerning
drug screening?
Obviously, your state bar association can lead you to many publications
and sources that will answer this need. You might also want to contact
the Institute for a Drug-Free Workplace, which offers many publications
dealing with state and federal drug testing laws, as well as many
other drug testing topics. Their website address is www.drugfreeworkplace.org
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