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Stay Current With The Background Screening Industry

(04/19/2017) New Philadelphia Law Prohibits Employers from Inquiring into Job Applicants’ Wage History

On May 23, 2017, a new Philadelphia ordinance will go into effect that prohibits employers and employment agencies from asking about a job applicant’s wage history. The ordinance amends Title 9 of the Philadelphia Code, adding wage equity measure to Philadelphia’s Fair Practices Ordinance.

Specifically, the ordinance prohibits employers or employment agencies from:

  • Asking about a job applicant’s wage history (either in writing or in another way);
  • Requiring candidates to disclose their wage history;
  • Conditioning employment or an interview on an applicant’s disclosure of wage history;
  • Relying on the applicant’s wage history in determining the wages at any time in the employment process, including negotiating or drafting an employment contract (unless the candidate “knowingly and willingly” disclosed their wage history); or
  • Retaliating against a prospective employee if they do not comply with any wage history inquiry.

The definition of wages is broadly defined, and includes all earnings, including benefits and “wage supplements or other compensation whether payable by the employer from employer funds or from amounts withheld from the employee’s pay by the employer,” such as other lawful deductions.

Complaints have to be filed within 300 days of an alleged violation with the Philadelphia Commission on Human Relations (“Commission”). If the investigation is not concluded within a one year period, the individual can take the matter to court within two years of the Commission’s dismissal. Employers may be subject to “equitable relief, compensatory and punitive damages, attorneys’ fees, and costs.”

Employers should review their hiring applications and other materials, removing inquiries about wage history. In addition, they should review their policies and procedures, reminding recruiters and hiring managers not to ask applicants about their salary history.

Corporate Screening can accommodate employers in Philadelphia if they wish to no longer receive wage information as part of a background report in order to avoid any appearance of misuse of wage history when determining wages.   If you wish to discuss your options, please contact your account representative.

Important Note to East Coast Employers

Massachusetts was the first state to prohibit wage history inquiries, but it appears that other states and cities on the East coast may adopt similar legislation.

  • In New York City, Mayor Bill de Blasio recently signed Executive Order 21, which prohibits New York City agencies from asking about salary history before extending a conditional offer of employment.
  • Pending legislation in New York City would prohibit public and private employers from asking about applicants’ wage history.

 

(04/11/2017) New Legislation in New York City Prohibits Employers from Asking about Wage History

On April 5, 2017 the New York City Council passed a bill that prohibits employers from asking about an applicant’s wage history. The bill would amend the New York City Human Rights Law, and supporters say that it seeks to correct the wage gap between men and women.

The bill has been sent to Mayor Bill de Blasio for his signature (which is expected, as he has already prohibited city public agencies from asking applicants about their previous wages), and will go into effect 180 days after the mayor signs it. Therefore employers will need to be ready to comply by October 2017.

The new law prohibits employers from:

  • Asking about wage history (including benefits and other compensation) during the interview process or while negotiating a contract.
  • Searching public records for an applicant’s salary history.

Employers are allowed to discuss salary and benefits expectations regarding salary and benefits, as well as share the salary range for the position.

It’s also important to understand that if an applicant voluntarily shares salary history, employers can use this when determining future compensation and benefits. The new law also does not apply to applicants seeking internal transfers or promotions.

The law does allow for employers to receive salary information as part of a background check; however, salary information obtained via a background check cannot be used to determine the compensation for an applicant.

It is a good idea for New York City employers to review their policies and practices to ensure they are compliant with the new law. Review applications to make sure there are no questions about salary history, and review the law with HR personnel and hiring managers.

Some legal challenges to this law are expected prior to implementation and Corporate Screening will continue to monitor this legislation and will keep you updated as more information becomes available.

 

Check it Out! Quarterly Newsletter Now Posted

Corporate Screening invites you to read the latest issue of our quarterly newsletter, Screening Solutions. Each edition of Screening Solutions contains important news and information about background screening topics, compliance issues, and student screening updates.

This issue of Screening Solutions features several articles about “ban the box” issues. Our feature article, Taking a Deeper Look at “Ban the Box” Laws, examines the topic in greater depth, exploring new research as well as compliance issues. Some colleges and universities may also soon be affected by fair chance policies, as we share in our article, Proposed Maryland Bill Would “Ban the Box” on Initial College Admissions Forms. We also provide updates on recent “ban the box” legislation.

In other screening news, we provide details about new California FEHC regulations that impact employers’ use of criminal history in making employment decisions. We are also pleased to share with you some of the upcoming topics in Corporate Screening’s 2017 Webinar Series. as well as a summary of recent client alerts and some upcoming events where Corporate Screening will be at.

Finally, Corporate Screening has great news to share with employers and schools. We recently received an award for our technology, and schools should take a look at our recently redesigned student screening website, www.VerifyStudents.com. We also share information about one of our newest student background screening integration partners, Trajecsys Corporation.

We hope you enjoy the newsletter!

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Take a Look! Updated VerifyStudents Website

Corporate Screening is pleased to announce the release of our redesigned VerifyStudents website. With a fresh new look and updated graphics, the new website is even faster and more responsive.

“The VerifyStudents website is important because students and program managers from schools across the country rely on it daily,” remarked Greg Dubecky, President of Corporate Screening. “VerifyStudents has been a leader in student background screening products and services since its inception, and our updated website features enhancements designed to improve the user experience.”

In addition to its new design, the site also offers new functionality. Program administrators will appreciate the ability to log into Corporate Screening’s EASE case management system directly from the VerifyStudents website.

Additionally, the website is now completely mobile responsive. Whether it is accessed by a computer or other mobile device, users will be able to access information in the format that best suits the device they are using.

We’re excited about the new website and invite you to visit www.VerifyStudents.com and take a look around!

 

(03/09/2017) New California FEHC Regulations Impact Use of Criminal History in Employment Decisions

The California Fair Employment and Housing Council (FEHC) recently finalized and approved new regulations that will impact employers’ use of criminal history when making employment decisions. The regulations track closely with the 2012 EEOC Enforcement Guidance for Consideration of Arrest and Conviction Records in Employment Decisions, and are expected to become effective on July 1, 2017.

Summary of Regulations
As shared on Lexology.com, JDSupra.com and Littler.com, the following is an overview of the regulations. The regulations address “adverse (or disparate) impact” on protected groups, and prohibit employers from using criminal history information unless it is job-related and in line with business necessity.

  • Like the EEOC Guidance, Employers should maintain policies and procedures that allow for an “individualized assessment” when considering the criminal history of an applicant. The so called “Green Factors” are also outlined by the EEOC.
    •  Employers should consider:
      • the nature and gravity of the offense
      • the amount of time that has elapsed since the offense
      • the nature of the job held or sought.
  • Employers should be prepared to justify their policies and adverse decisions related to the criminal history of an applicant. Convictions that lead to an adverse hiring decision should have a “direct and specific negative bearing on the person’s ability to perform the duties of the position.”
  • Employers are also required to provide the applicant or employee with a notice that they have been screened out due to a criminal conviction, and also provide them the opportunity to demonstrate that the information is inaccurate (This requirement is in line with Adverse Actions requirements under the FCRA)  or that exclusion should not apply to their specific case.
    • If the applicant disputes the conviction and the result of the dispute proves the conviction information was inaccurate, employers can no longer consider that information in their hiring decision.
    • If the applicant provides additional information as to why their conviction should not exclude them from the position, employers must take that information into consideration before making a final decision.
    • Note: If you obtain the conviction information on your own (without the assistance of background screening company), you must still provide applicants with this notice.
  • The regulation also expands the type of convictions related to possession of marijuana that employers are prohibited from seeking information related to or considering in the hiring process. Previously the list included certain misdemeanors for marijuana older than 2 years (for small amounts of marijuana).  The list now includes ANY non-felony misdemeanor conviction related to marijuana possession older than 2 years.

Affected employers should familiarize themselves with these regulations, and should review their policies, employment applications, job descriptions and hiring practices are compliant. If you have questions, please contact your Corporate Screening representative or our Compliance team. Corporate Screening will continue to provide information and guidance as the calendar gets closer to the implementation date.

 

Join CS for a Webinar – Turnaround Time: Why Isn’t My Background Done?

As part of our 2017 Webinar Series, on Wednesday, March 8, 2017 at 2 p.m. EST Corporate Screening will host a free webinar: Turnaround Time: Why Isn’t My Background Done?

While most background checks are turned around quickly, sometimes delays happen. Join Corporate Screening’s background experts to learn more about background screening delays – why they occur, common causes and what you can do to minimize delays. After the webinar, we will hold an interactive question and answer session.

Webinar Registration
To register for Turnaround Time: Why Isn’t My Background Done? click on the link below and complete the registration form. Registration is free, but please sign up early, as space is limited.

Turnaround Time: Why Isn’t My Background Done?, Wednesday, March 8, 2017 at 2 p.m. EST:
https://attendee.gotowebinar.com/register/8217086180430374401

Additional Webinars
Mark your calendar now for the second Wednesday of the month and don’t miss Corporate Screening’s educational webinars! Upcoming topics and dates include:

• Building an Effective Screening Program on Wednesday, April 12, 2017 2 p.m. EDT; and
• Background Ordering Options & Integrations on Wednesday, May 10, 2017 2 p.m. EDT.

To register for one of these upcoming webinars, please contact Client Support at 800-229-8606, option 4. Additional webinar topics will be publicized regularly throughout the year, so stay tuned for further announcements.

Smart Business Recognizes Corporate Screening at 2017 Cleveland Tech Awards

(Middleburg Heights, Ohio, February 8, 2017) – Corporate Screening is pleased to announce that it has been selected as an honoree at the 2017 Cleveland Tech Awards in the Implementers/Users category. Presented by Smart Business magazine, the Cleveland Tech Awards recognize organizations in Northeast Ohio that develop and/or implement impactful technology.

“We are greatly honored to have Smart Business magazine recognize our technology achievements by selecting Corporate Screening as a 2017 Cleveland Tech Award winner, and we would also like to congratulate all of the other winners,” remarked Greg Dubecky, President.

“Since Corporate Screening’s earliest days, we have been at the forefront of technology designed for the background screening industry. We continually review and update our existing technology, as well as produce innovative technological solutions that streamline the background screening process for our clients. Our goal is provide reliable, accurate data efficiently, facilitated by always-improving technological advancements.”

Honorees will be recognized at a The 2017 Cleveland Tech Awards Luncheon held on Thursday, March 23, 2017 at the Silver Grille at The Higbee Building.

About Corporate Screening

Corporate Screening (www.CorporateScreening.com) is a Cleveland-based provider of pre-employment screening and background check investigations for many of the nation’s top employers and schools. As a leading consultant to human resources and corporate security professionals, Corporate Screening combines state-of-the-art data gathering technology with in-depth examination and analysis to verify information and mitigate the risks associated with hiring employees. Corporate Screening’s professional staff of analysts and consultants serves the needs of hiring professionals representing a full spectrum of industries, with special emphasis on healthcare, financial services and manufacturing sectors.

Corporate Screening’s 2017 Webinar Series

Corporate Screening is excited to announce our 2017 Webinar series. Held the second Wednesday of each month at 2 p.m. Eastern, these free educational webinars have been designed to provide valuable information about important background screening issues affect users of background screening reports. Look for information about industry best practices, how-to’s, compliance topics and more.

We’ll kick off the series on February 8, 2017 with a compliance webinar, Taking Adverse Action, How to Stay in Compliance. Background screening is a highly regulated industry and employers who use results of a background investigation when making hiring, promoting, suspending or terminating decisions need to be aware of and understand Adverse Action procedures under the Fair Credit Reporting Act (FCRA). This webinar will educate you about the Adverse Action process, compliance requirements and best practices.

Registration

To register for Taking Adverse Action: How to Stay in Compliance, click on the link below and complete the registration form. Registration is free, but please sign up early, as space is limited.

Taking Adverse Action: How to Stay in Compliance, Wednesday, Feb 8, 2017 at 2 p.m. EST: https://attendee.gotowebinar.com/register/572210419806036993

Additional Webinars

Mark your calendar now for the second Wednesday of the month and don’t miss Corporate Screening’s educational webinars! Upcoming topics and dates include:

  • Turnaround Time: Why Isn’t My Background Done? on Wednesday, March 8, 2017 2 p.m. EST;
  • Building an Effective Screening Program on Wednesday, April 12, 2017 2 p.m. EDT; and
  • Background Ordering Options & Integrations on Wednesday, May 10, 2017 2 p.m. EDT.

To register for one of these upcoming webinars, please contact Client Support at 800-229-8606, option 4. Additional webinar topics will be publicized regularly throughout the year, so stay tuned for further announcements.

Corporate Screening Partners with Trajecsys Corporation

Integrates Student Screening & Compliance Services with Clinical Management and Tracking

Middleburg Heights, OH (January 23, 2017) Corporate Screening Services, Inc., a leading provider of pre-employment and student background screening services, is pleased to announce its partnership with Trajecsys Corporation, a leading student clinical management and tracking system provider. The partnership integrates its VerifyStudents screening and compliance products directly into the Trajecsys Report System, allowing for a single source for viewing student background, drug screening and immunization tracking results.

“We are thrilled to partner with Trajecsys, an organization that works with hundreds of health programs nationwide,” remarked Matt Jaye, Vice-President of Sales at Corporate Screening. “This integration provides our higher education customers with additional integration options, all of which are designed to help them streamline their programs, reducing the amount of time spent on administrative processes, while meeting the rigorous compliance requirements of their clinical partners.”

Founded in 2005, Trajecsys Corporation features an online clinical management and tracking system for students and is used by hundreds of health education programs nationwide. It offers cloud-based solutions that include time records, activity reports, checkoffs and forms, as well as scheduling. Its flexibility allows it to be used for recordkeeping solutions across dozens of different allied health and nursing modalities.

VerifyStudents by Corporate Screening is a fully integrated web-based solution that provides reliable and secure student background checks, immunization tracking and paperless self-scheduled drug screening. Adding these features to Trajecsys’ solution makes it even easier for everyone involved to determine a student’s progress in meeting clinical requirements.

According to Brian Bright, Trajecsys CEO, “We are looking forward to working with VerifyStudents and their team to offer current and new Trajecsys users an integrated system to track their background checks and immunizations for students heading to clinicals.” Mr. Bright went on to say, “Our partnership means that users of both systems will have a single easy to access place to see for all their student pre-clinical and clinical paperwork and tracking needs.”

“We expect that this partnership will be of benefit to both program managers at colleges and universities, as well as clinical site administrators,” added Jaye. “Corporate Screening is proud to include Trajecsys as a partner and we look forward to together providing schools, clinical sites, students and faculty with an outstanding experience.”

About Trajecsys

Trajecsys Corporation (www.trajecsys.com) was founded in 2005 by two educators. It features an online clinical management and tracking system for students of health-related programs. The application was developed with input from programs at the University of Arkansas for Medical Sciences College of Health Related Professions. Since its inception, the Trajecsys Report System is now used by hundreds of health education programs nationwide. Its flexibility allows its use for recordkeeping solutions across dozens of different allied health and nursing modalities, including such diverse program specialties as dosimetry, radiation therapy, nursing, radiography, sonography, medical assisting and many others.

About Corporate Screening

Corporate Screening (www.CorporateScreening.com) is a Cleveland-based provider of pre-employment screening and student background check investigations for many of the nation’s top employers and schools. As a leading consultant to human resources, corporate security professionals, and program managers, Corporate Screening combines state-of-the-art data gathering technology with in-depth examination and analysis to verify information and mitigate the risks associated with hiring employees and students. Corporate Screening’s professional staff of analysts and consultants serves the needs of hiring professionals representing a full spectrum of industries, with special emphasis on healthcare, education, financial services and manufacturing sectors.

Corporate Screening Joins Privacy Shield Program

(Middleburg Heights, Ohio, January 17, 2017) – Corporate Screening Services, Inc. (CS), a leading provider of pre-employment and student background screening services, is pleased to announce that its self-certification with the EU-US Privacy Shield program has been approved, effective December 20, 2016.

The EU-U.S. Privacy Shield Framework was designed by the U.S. Department of Commerce and European Commission to provide companies on both sides of the Atlantic with a way to comply with EU data protection requirements when transferring personal data from the EU to the United States. The Privacy Shield program replaces the Safe Harbor Program.

“The self-certification in the Privacy Shield program means that we are able to continue to provide our clients with access to background information on European job candidates,” remarked Greg Dubecky, President of Corporate Screening. “Voluntarily joining the program underscores our ongoing commitment to protecting data and privacy.”

In order to join the Privacy Shield Framework, organizations are required to self-certify to the Department of Commerce and publicly commit to comply with the Framework’s requirements. The Privacy Shield is administered by the International Trade Administration (ITA) within the U.S. Department of Commerce, and enforced in the U.S. by the Federal Trade Commission (FTC). Once approved, in order to remain in the program, businesses in the United States must self-certify annually to the Department of Commerce.

To learn more about the Privacy Shield program, and to view Corporate Screening’s certification, please visit https://www.privacyshield.gov.

About Corporate Screening

Corporate Screening (www.CorporateScreening.com) is a Cleveland-based provider of pre-employment screening and background check investigations for many of the nation’s top employers and schools. As a leading consultant to human resources and corporate security professionals, Corporate Screening combines state-of-the-art data gathering technology with in-depth examination and analysis to verify information and mitigate the risks associated with hiring employees. Corporate Screening’s professional staff of analysts and consultants serves the needs of hiring professionals representing a full spectrum of industries, with special emphasis on healthcare, financial services and manufacturing sectors.