Author: Sean

NC’s Governor Cooper Proclaims April as Second Chance Month

On April 12, Governor Cooper proclaimed that April 2021 is Second Chance Month in North Carolina. As stated in the proclamation, “formerly incarcerated individuals face many hurdles in securing employment, housing, transportation, and health care, made even more challenging during a global health crisis.” Furthermore, “efforts are underway at the federal, state, and local levels to establish programs and policies focused on removing the barriers that prevent formerly incarcerated people from pursuing healthy and productive lives”.

Governor Cooper’s proclamation further reinforces his stance of enacting Fair Chance Hiring laws. In November 2020, the Governor issued an executive order that banned most state agencies from asking about an applicant’s criminal record until the person has received an interview. This is in an effort to ensure candidates are not screened out of the hiring process before they have an opportunity to prove their merit. While this order was only enacted for state agencies, private employers may wish to review their process to stay in line with the current best practices and prepare for future updates. Click here to read Governor Cooper’s full proclamation and here for more information about Ban the Box.

If you’re a NC employer and would like to audit your screening process, contact CRC’s sales team at (877) 272-0266

Hospital Faces Lawsuit Alleging an Insufficient Background Check on Medic Accused of Sexual Assault

A hospital in Florida is currently facing a negligent hiring lawsuit due to claims that a proper background check was not conducted on a former paramedic accused of sexually assaulting patients. The plaintiff argues that the paramedic had been previously employed in Michigan, where he received a disciplinary suspension of his license due to similar allegations of sexual misconduct. The paramedic also reportedly had an active warrant for sexual assault charges out of Michigan at the time of his arrest in 2019. The hospital’s staff reported that they were unaware that the paramedic had ever worked in Michigan or had been previously accused of sexual assault.

Background checks, when used to screen an employment candidate, are meant to reduce risk that a hire may pose to not only an employer, but to their customers and the public. Instances such as this illustrate the importance of conducting thorough background checks on staff, especially if they work with vulnerable populations. For this case, the hospital may have avoided this lawsuit had the following components been a part of their screening process: a comprehensive nationwide criminal search, a license verification, and previous employer references.

If your team has not reviewed your screening policies and procedures lately, contact us at sales@mycrc.com for a free assessment.

Illinois Employers Subject to New Background Check Requirements

On March 23, 2021, Governor J.B. Pritzker signed a bill that imposes new requirements on Illinois employers that utilize criminal history checks for employment purposes. Under this new bill (SB1480), employers in Illinois must fulfill three specific requirements before making an employment decision based upon a candidate’s conviction record: They must perform an individualized assessment, follow the adverse action notification process, and inform individuals of their right to file a charge with the Illinois Department of Human Rights under the Illinois Human Rights Act (IHRA).

For companies that do business outside of Illinois, these requirements likely look very familiar as they’re in line with the Fair Credit Reporting Act (FCRA) and Equal Employment Opportunity Commission (EEOC) guidance. The FCRA is the federal law that governs the preparation and utilization of consumer reports, including (but not limited to), the usage of a candidate’s criminal record to make an employment decision. If employers do not follow the new IHRA provisions, not only may they be putting themselves at risk of a discrimination charge under the IHRA, but it may also be argued that the employer violated the FCRA. Employers may want to consider consulting with their attorney to ensure their internal policies are up to date.

If your team has not recently evaluated your background screening process to determine if it meets IHRA and FCRA compliance standards, reach out to us at sales@mycrc.com for assistance.

Are You Screening Your Vendors? NJ School Bus Company Disregards District Requirements and Uses Unsafe Practices

Background checks for employees are commonplace across many highly regulated industries such as education, government, and healthcare; but a comprehensive screening of a contractor or vendor is much rarer. Naturally, when a bid for a project is received, it is expected that the provider is honest regarding the scope of their services as well as if they meet the buyer’s requirements. Unfortunately, many employers are learning the hard way that businesses are not always as honest as they seem, and that upfront due diligence is the best way to weed out bad actors.

For example, a New Jersey school bus company operated unsafe buses, failed to conduct required background checks and hired drivers with criminal records. According to the article, the company falsified documents it provided to school districts in order to cover its tracks and a surprise inspection by state investigators found so many inspection violations that a large number of the buses were impounded and not allowed to be driven off the school properties. Additionally, fingerprinting, motor vehicle reports, and DOT drug testing were not being completed as required by NJ schools. Since criminal records were allegedly not being checked, the company employed drivers that otherwise would have been disqualified during the screening process. A registered sex offender was able to slip through the cracks and be employed as a driver, and two drivers were charged with driving buses with children aboard while under the influence of narcotics. As a result, the vendor’s owner and manager currently are facing criminal charges.

As a rule of thumb, running a thorough background check on a potential vendor and its subcontractors is recommended prior to awarding a contract. PBSA accredited companies like CRC have access to civil court records at the state as well as federal levels to screen both the owner(s) and operator(s) as well as the company itself for history of litigation. Additionally, checking a company’s reviews on sites like Glassdoor, Yelp, and the Better Business Bureau can provide insights into how they operate and if allegations of deceptive business practices are common. Depending on the type of services and information that is available to the contractor, an independent third-party inspection of the vendor’s site may yield important insight on how they handle, store, and dispose of sensitive materials.

If you are interested in Vendor and / or Contractor screening services, contact a CRC representative at (877) 272-0266 for more information.

OSHA Announces Over $2,000,000 in Coronavirus Violations – And it Shows No Signs of Slowing Down

As of 10/30/2020, OSHA has cited 144 workplaces for violations relating to COVID-19 resulting in proposed penalties totaling $2,025,431. This is up from only $484,069 in Coronavirus violations as reported by the US Department of Labor on 10/02/2020. Per the OSHA National News Release, inspections have resulted in the agency citing employers for violations, including […]

NC Governor Cooper “Bans the Box” for State Jobs

Effective Nov. 1st, 2020, candidates for most state jobs in North Carolina will no longer be required to disclose criminal convictions on their employment applications. Governor Cooper’s executive order will ban most state agencies from asking about an applicant’s criminal record until the person has received an interview. This is being done to ensure that […]

ICE Extends I-9 Compliance Flexibility, No More Extensions for Employers to Respond to NOIs Served in March

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have extended the I-9 requirement flexibility accommodations that were issued in March until August 19. Also, ICE announced that no additional extensions will be granted to employers who were served Notices of Inspection (NOIs) by ICE during March 2020. As mentioned in […]

Virginia “Bans the Box” for Marijuana Disclosures on Employment Applications

Effective July 1, 2020, employers in Virginia will be barred from requiring job applicants to disclose information regarding an arrest, criminal charge, or conviction for simple possession of marijuana. This recent update is a result of simple possession of marijuana being decriminalized in May. Employers located in Virginia should review their current screening policies and […]

DHS Extends Form I-9 Requirement Flexibility

The Department of Homeland Security (DHS) and U.S. Immigrations and Customs Enforcement (ICE) have extended the I-9 requirement flexibility accommodations that were issued in March until July 19. As mentioned in our previous article, DHS is allowing employers that have implemented physical proximity policies due to Covid-19 to verify an employee’s identity documents remotely. E-Verify […]

CRC is Offering Mobile Fingerprinting for NC Organizations

In response to Law Enforcement agencies in North Carolina suspending fingerprint collection services due to COVID-19, CRC is offering a mobile fingerprinting option for employers that are seeking an alternative. This allows local businesses and government agencies to continue fulfilling their fingerprinting requirements during the pandemic. Interested parties can simply reach out to CRC’s business […]