Compensation Solutions Blog » Employment Screening

New Jersey Considering Legislation Regarding the Use of Background Checks

Teresa DeSousa — Tue, 15 Dec 2009 21:57:48 +0000

Two bills were introduced in the New Jersey Senate and Assembly in November relating to employee background checks. The proposed bills are similar to New York Law Article 23-A, prohibiting employers from discriminating against ex-convicts. Exceptions would be allowed if there is a direct link between the nature of the conviction and job duties, as well as public safety concerns. The proposed legislation would also prohibit eliciting information from job applicants regarding prior arrests or convictions. Employers would have to notify all candidates of their intent to perform a background check within thirty (30) days of making the request, provide the candidate with the name and address of the reporting agency and allow the candidate to review the report. Further, an employer would be required to notify a candidate they reject for a position in writing the reasons for the rejection.

The bill in its entirety can be found at http://www.njleg.state.nj.us/2008/Bills/A4500/4198_I1.PDF

Social Media and Employee Background Checks

Teresa DeSousa — Wed, 25 Nov 2009 20:07:08 +0000

With the proliferation of social networking sites like Facebook and MySpace, employers are becoming more aware of the information available on the Internet about their employees and job applicants and are using these sites as part of a general background check. An employer may base a hiring decision, or make a decision to terminate an employee based on information found on the internet, but employers may face liability if using information about an applicant’s protected class status as the basis for a hiring decision. For example, if an employer finds information on a site like Facebook that identifies an applicant’s pregnancy, the employer could potentially face a discrimination lawsuit if the employer bases its decision not to hire her on that information.

It is a good practice to do at least a criminal background check on all job applicants, once a job offer has been made and accepted. The offer letter should state that the offer is contingent upon the completion and satisfactory results of a background check. Driving records should be checked for those employees who operate a vehicle as part of his/her job. Firms that handle employee background screening services will work with employers to ensure compliance with federal and state laws.

DOT Agency Launches Driver Pre-Employment Screening Program

Teresa DeSousa — Mon, 09 Nov 2009 18:33:16 +0000

The Federal Motor Carrier Safety Administration (FMCSA), an agency of the Department of Transportation, will launch its new Driver Pre-Employment Screening Program to allow motor carriers to check driver inspection and crash records as part of the hiring process. The program is expected to begin in December 2009. The program will allow motor carriers to better assess the qualifications of their drivers, and will also allow drivers to review their records and correct any misinformation.

The Driver Pre-Employment Screening Program will be populated by FMCSA’s Motor Carrier Management Information System (MCMIS). The information includes driver performance data, including roadside inspection and compliance review results, enforcement data, state-reported crashes and motor carrier census data.

Previously, those records were only available to federal and state law enforcement personnel, and were also accessible to drivers through the Freedom of Information Act (FOIA). Under the new program, all motor carriers in every state and jurisdiction will have access to the information. In accordance with privacy laws, drivers must provide written authorization to allow access to the records.

For more information, see http://www.dot.gov/affairs/2009/fmcsa0309.htm.