Compliance is the Name of the Game in Pre-Employment Background Screening; Opines CriminalBackgroundRecords.com

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The action taken by the Kansas legislation not only highlights the need to stay compliant with law but also the need to work with a third-party background screening agency.

Recently Kansas joined the ranks of other states and municipalities with the enactment of “Ban-the-Box” legislation which eliminates the question of criminal history on all state government job applications. Adam Almeida, President and CEO of CriminalBackgroundRecords.com states: “As more and more states and municipalities enact “Ban-the-Box” legislation the time continues to be now for all hiring managers and HR departments to work with a well-qualified third-party pre-employment background screening agency in order to stay fully compliant with existing laws governing the use of criminal history information.”

In early May 2018 the governor of Kansas, Jeff Colyer, signed so-called “Ban-the-Box” legislation into law, thereby adding the state to the growing ranks of states with similar laws.

From Kansas.com (May 02, 18):

The ban-the-box movement seeks to stop employers from automatically asking job applicants if they have criminal histories. Supporters say asking about criminal records on applications unfairly stigmatizes individuals with records years – even decades – after their convictions and makes it more difficult for individuals released from prison to be employed. (1)

Almeida opines: “The recent law in Kansas highlights the continued evolution with laws governing the use of criminal history reports and greatly heightens the urgency that all hiring departments should insure pre-employment background screening policies are current and compliant with law.”

Failure to comply with law can be costly.

From JDSupra.com (Apr. 09, 18):

Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. A recent settlement by one of the nation’s leading retailers, Target, reinforces this point. The company has settled a threatened nationwide class action lawsuit arising under Title VII of the Civil Rights Act of 1964 for $3.74 million dollars and other programmatic relief. (2)

As Kansas enacts a new law governing the use of criminal background records, all employers should be reminded that compliance remains a critical component of pre-employment background screening policies.

Almeida states: “The action taken by the Kansas legislation not only highlights the need to stay compliant with law but also the need to work with a third-party background screening agency. Background screening agencies are tasked with staying fully compliant and advising their clients of changing law.”

The subject of background screening and the use of – criminal background checks will remain controversial for the foreseeable future.

From JDSupra.com (Apr. 09, 18):

Overall, the subject of background checks, including criminal record screening policies, is thorny and continues to garner attention from legislatures,1 the Equal Employment Opportunity Commission (EEOC),2 and the plaintiffs’ bar. It is prudent for all employers, and particularly multi-state employers, to take measures to help ensure they comply with all applicable laws, including the so-called ban-the-box laws and the Fair Credit Reporting Act (FCRA). The FCRA especially has become one of the mainstays of the plaintiffs’ class action bar. (3)

Almeida concludes: “Ultimately a best practice remains for all hiring departments to work with a well-qualified third-party pre-employment background screening agency in order to remain fully compliant with law.”

CriminalBackgroundRecords.com is a third-party background screening company with highly trained operators well versed in the needs and requirements of companies and organizations large and small utilizing public records, such as criminal background records, as part of a hiring process. Assisting companies in maintaining full compliance under the law is a central tenet of all client relationships with CriminalBackgroundRecords.com.

Notes:

Case Number: Case 1:18-cv-02993 (So New York District Court)

(1)    kansas.com/news/politics-government/article210282739.html

(2)    jdsupra.com/legalnews/criminal-record-screening-policies-96811/

(3)    ibid

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