Oracle Taleo Implementation: Acuity Cloud Solutions and Corporate Screening Offer a Complete Solution
Is your organization using Oracle Taleo or considering it? Corporate Screening Services and Acuity Cloud Solutions have teamed together to present a complimentary webinar that showcases a complete Oracle Taleo package that includes a one-of-a-kind integrated background screening solution.
Acuity’s team are Taleo experts, and can assist with implementations, upgrades and optimizations, training and support. And by including Corporate Screening’s OPN certified screening solution, employers are able to build in a customized background screening process that will fit their unique business needs.
Learn how Acuity and Corporate Screening can help your organization benefit from customized configuration capabilities and a streamlined background check process. Join our webinar on December 2, 2015 at 1:30 p.m. EST to find out more. Space is limited so sign up soon!
To register, please contact Customer Service at 800.229.8606 and ask for the link to register for the webinar.
NBC News and the Indianapolis Business Journal report that President Obama recently announced that he directed the Office of Personnel Management (OPM) to wait until later in the hiring process before asking about an applicant’s criminal history. The OPM oversees federal hiring.
The announcement was made during a visit to a treatment center in New Jersey. Under the directive, applicants will not be immediately asked about criminal history. It will apply to federal employees, but not contractors. The president said that the new process will allow applicants a better chance to be hired for federal positions. This is not something new for many government agencies, though. According to the Indianapolis Business Journal, the White House said that most federal agencies already wait until later in the hiring process to ask the question about criminal past.
The “ban the box” movement has been rapidly gaining momentum at the state and local levels over the last few years, and the president has appealed to Congress, asking it to pass such legislation. It remains to be seen if lawmakers will act on this or continue to let state and municipalities enact these laws.
On October 27, 2015, New York City’s Fair Chance Act will go into effect. This “ban the box” law prohibits most employers from asking about criminal history until after a conditional offer of employment is extended. In June and at the beginning of October, Corporate Screening published a couple of client alerts discussing the Fair Chance Act. With the law becoming effective on October 27, 2015, we wanted to share information by attorneys Pamela Q. Devata, Cameron A. Smith and Courtney Stieber at Seyfarth Shaw regarding best practices for complying with the New York City Fair Chance Act. They write:
Given the imminent effective date of New York City’s Fair Chance Act, employers may be wondering what they need to do to comply with the law. As many employers are aware, effective October 27, 2015, the Fair Chance Act amends the New York City Human Rights Law to prohibit most employers from inquiring about criminal history until after a conditional offer of employment is extended (see our prior blog post here). (Some employers may fall into the exceptions of this law.) The law also imposes upon employers the obligation to provide applicants with a copy of the relevant inquiry (e.g. the consumer report) and the company’s analysis under Article 23-A of the New York Corrections Law (in a form to be determined by the New York City Commission on Human Rights (“NYCCHR”)). However, because the NYCCHR has not yet published the required form, many employers are in limbo, awaiting guidance for a law they are obligated to comply with in mere days. Considering this fact, employers may want to consider taking the following actions:
- Review all pre-employment forms. Employers should ensure that job advertisements, applications for employment, interview questionnaires, and all other pre-conditional offer documents make no reference to the fact that a background check will be conducted, that criminal history will be considered, or otherwise inquire about criminal history.
- Train hiring managers. Hiring managers should be trained not to ask questions about criminal history prior to a conditional offer of employment. If a job candidate independently informs the manager of his or her criminal background prior to a conditional offer, managers should be trained to respond that such information is not considered by the Company at this stage in the process.
- Revise the adverse action protocol. The Fair Chance Act requires that prior to taking adverse action based on criminal history an employer:
(a) provide the applicant with a copy of the “inquiry” (which by definition includes “any question communicated to an applicant in writing,” “any searches of publicly available records,” or consumer reports);
(b) conduct an analysis in accordance with Article 23-A and provide a written copy of that analysis to the applicant, and any supporting documentation that impacted the analysis; and
(c) keep the job opportunity open for at least three business days after the applicant receives the above documentation before taking adverse action.
The law anticipates that employers provide a copy of the Article 23-A analysis in a “form” to be provided by the NYCCHR, but this form has not yet been issued. Until the form is available, employers may want to consider utilizing an individualized assessment form, which lists each of the eight factors of consideration under Article 23-A, and details the employer’s consideration of each factor and the basis for its adverse determination. A copy of this document should be provided to applicants in the event of an adverse action decision until the NYCCHR’s form is released.
- Consider best practices for direct inquiries to the applicant. Many employers may still wish to ask the applicant personally whether he or she has a criminal history. Such inquiry is still permissible under the Fair Chance Act, provided (1) it occurs after a conditional offer of employment is given; (2) the applicant is provided a copy of the inquiry, at the same time as the applicant is given the consumer report and any Article 23-A analysis (as described above); and (3) the question otherwise complies with the state law limitations as to the type of criminal history an employer is permitted by law to consider. Employers are still able to terminate or refuse to hire an individual who makes misrepresentations in responding to a criminal history inquiry, but employers should follow the notice protocol above and as set forth in the Fair Credit Reporting Act (FCRA) before taking action.
- Review FCRA disclosure forms. Employers should ensure that their FCRA disclosure forms accurately describe the information to be obtained by the Company in a consumer report. And, particularly in light of the Fair Chance Act’s companion law, the Stop Credit Discrimination in Employment Act (SCDEA), applicants should not receive disclosure forms mentioning that a consumer report may include credit history information, unless the applicant meets an exception under the law. (See our prior Client Alerts here and here.)
If you have questions or concerns, Corporate Screening is here to help. Please contact us at 800-229-8606 or email us at CustomerService@CorporateScreening.com.
Representatives of Corporate Screening will be participating as subject matter experts on October 27, 2015 at the HR Executive Summit (HRxSummit), which will be held at the Grand Ballroom of the Holiday Inn Independence on Rockside Road in Cleveland, Ohio. Attendees will include Vice Presidents, Directors and Senior Managers of Human Resources from leading organizations based in Ohio and Pennsylvania, who will be able to share solutions and successes, as well as network and explore new ideas.
The HRxSummit is an interactive event that consists of moderated, small group discussions, where participants are able to share their wisdom, experience and perspectives with other HR leaders. Representatives from Corporate Screening will moderate a roundtable, facilitating a discussion about background screening services and compliance.
For more information about the 2015 HR Executive Summit, visit the website: http://hrxsummit.com.
Employers, here’s yet another reason to check your disclosure forms. A recent lawsuit claims that Chipotle violated the Fair Credit Reporting Act (FCRA) because it did not provide a FCRA-compliant disclosure regarding conducting background checks on job applicants, and did not provide them with a written summary of rights under the FCRA.
The lawsuit filed by Lorena Mejia alleges that the disclosure form used by Chipotle was “surrounded by other language pertaining to additional information Mejia was required to consent to on the application.”
In addition to FCRA violations, Top Class Actions reports that the lawsuit also alleges violations of the Investigative Consumer Reporting Agencies Act (ICRAA), Consumer Credit Reporting Agencies Act, and California Business & Professions Code.
Here’s another reminder that FCRA class action lawsuits are not going away. Last week, Universal Studios in Orlando became the latest company to be hit with a class action lawsuit that alleges the company did not properly inform current and prospective employees it was running credit reports. Top Class Actions reports that the lead plaintiff Eufemio Mendez alleged Universal did not provide a disclosure form, nor did it provide employees with copies of their consumer reports when taking adverse action.
According to Top Class Actions, the class action may involve thousands of members, as Mendez “seeks to represent two classes; one for those who suffered an adverse employment action as the result of the illegal practices with the past five years and one for those who were the subject of a consumer report procured by Universal within the past five years.”
As stated earlier, this is just one of many FCRA cases that have been filed, and the number of lawsuits continues to grow. FCRA class action lawsuits can be very expensive for employers to defend. Recent FCRA violation settlements have also proven expensive, with employers paying amounts in the seven figure range. It is vital that employers review their processes to ensure that they are compliant with FCRA requirements. If you have any questions about compliance, Corporate Screening can help. Call us at 800-229-8606 or contact your account representative or manager. We’re here to assist you with your background screening compliance needs.
In June 2013, Corporate Screening blogged about the action taken by the EEOC against BMW and Dollar General regarding their use of background checks. The EEOC complaint alleged that BMW’s criminal conviction background check policy violated Title VII of the Civil Rights Act of 1964. On September 8, 2015 a South Carolina federal judge approved a settlement, which requires BMW to pay $1.6 million and provide employment opportunities to the rejected applicants.
Corporate Screening would like to remind clientss and other employers that this is a good time to review your background screening program to ensure it complies with EEOC criminal background check guidance, as well as all other applicable laws and regulations. Our knowledgeable staff is available to answer your questions and assist you with your compliance needs.
Corporate Screening invites you to visit us at the Atlanta HR Star Conference, which will be held at the Georgia World Congress Center on September 22, 2015. Featuring 21 sessions focusing on topics of importance to HR professionals, attendees will spend a productive day learning, sharing and networking at this event.
Come see Corporate Screening and learn more about our background screening products and services. We’ll work with you to deliver a background screening program tailored to meet your company’s unique needs.
Date: Tuesday, September 22, 2015
Time: 8:30 a.m. – 4:30 p.m.
Place: Georgia World Congress Center, Atlanta Georgia
Oracle Taleo’s Onboarding solution is nearing its sunsetting date. If you’re currently using the product, what is your migration plan for Oracle Taleo Onboarding (Transitions)? Do you have a plan? Corporate Screening and Acuity Cloud Solutions want to know what you’re doing. Join the discussion on Facebook, LinkedIn or on Twitter at #CSSAcuityIntegration.
And if you have questions or need assistance, CS and Acuity are here to help http://bit.ly/1Nr8FF9.
Corporate Screening’s annual Client Satisfaction Survey is now open. All customers should have received an email message sent on July 29, 2015 that contained a link to the survey.
We ask you to share your feedback about how we are doing. Our goal is to to provide background screening and pre-employment screening services that not only meet, but exceed, your expectations. To that end, your responses to the survey help us know what we are doing right, as well as what we must do better. We encourage you to take a few moments to complete the survey and share your thoughts. As an added bonus, everyone who completes the survey and fills out the drawing information will be eligible to win a free Apple watch.
If you did not receive an email containing the link to the survey, please contact Customer Service by email at CustomerService@CorporateScreening.com, or call them at 800-229-8606, option 4.
Once we have And when we have compiled the results, we will share that information so that you know how we are doing.
Subscribe To Receive Blog Updates
- Giving Thanks! Corporate Screening Holiday Hours November 25, 2015
- Oracle Taleo Implementation: Acuity Cloud Solutions and Corporate Screening Offer a Complete Solution November 18, 2015
- (11/10/2015) NYC Fair Chance Act Information: An Updated Fair Chance Notice & Enforcement Guidance Released November 10, 2015
- (11/10/2015) Public Records Searches Currently Unavailable at Clark County Ohio Courts November 10, 2015
- New Order To “Ban the Box” for Federal Government Job Applicants November 6, 2015