Transcript Drugs, Sex and Murder--Keeping Criminals out of Your Workplace

Safe Hiring Practices
and Pre-employment Screening
Presented for the HR Screener—2003
Presented by Les Rosen, Attorney at Law and President,
Employment Screening Resources (ESR),
Novato, Ca.
Phone: 888-999-4474
E-mail: [email protected]
http://www.ESRcheck.com
Lester S. Rosenwww.ESRcheck.com
1
Employee problems caused by
problem employees
• Safe Hiring is aimed at helping employers decide who
NOT to hire
• Essential function that supplements the process of
identifying, recruiting, attracting and retaining top
performers
• Human assets are typically the single largest line item in a
company budget
• Yet, most employees selected based upon subjective
criteria and interviews--average hiring decision made in
4.6 minutes at interview
• More time often spent on selecting a copier-yet a bad
copier cannot put you out of business
Lester S. Rosenwww.ESRcheck.com
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Why be concerned about Safe
Hiring?-- “Parade of Horribles”
• Hiring criminals can create risk of workplace violence
• Statistical certainty that a person with serious criminal
record will be hired without safe hiring and screening-10% rate of criminal records among those screened
• Per 1998 DOJ study, about two million violent incidents at
work a year including 1,000 homicides, 600,000 assaults,
42,000 rapes/sexual assaults and 23,000 robberies
• One in every 37 US Adults have been incarcerated at one
time, and the recidivism rate is 67% within three years of
release from prison
• Past criminal conduct is frequent common denominator in
episodes of violence or criminal conduct
• Theft, Fraud and Embezzlement - cost $50 Billion
Lester S. Rosenwww.ESRcheck.com
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“Parade of Horribles” (2)
• Fraudulent credentials: Up to 40% of resumes
contain material lies or omissions about education,
past jobs or qualifications
• Businesses Week called it, “ResumeGate.”
• Lawsuits: Negligent Hiring, Retention, Promotion
or Supervision Wrongful termination
• Brand destruction – “just one bad apple”
• Stock devaluation (e.g. Veritas when discovered
CFO faked MBA)
• Lost customers and workplace disruption
Lester S. Rosenwww.ESRcheck.com
4
Employee Turnover Cost
• Average firm spends 36 percent of revenue
on human capital expenditures
• A 25% turnover rate can mean firm is
spending 9% of revenues on turnover
• Direct costs are separation costs (including
possible litigation) and replacement costs
• Indirect costs can be loss of productivity,
knowledge, know how and disruption
Lester S. Rosenwww.ESRcheck.com
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Workplace Violence
• Literally millions of incidents--Per 1998 DOJ,
about two million violent incidents at work a year
including 1,000 homicides, 600,000 assaults,
42,000 rapes/sexual assaults and 23,000 robberies
• Even a threat of violence is very serious
• American business looses over $55 BILLION
dollars in lost wages as a result of missed worked
days per US Dept. of Justice study (1994)
• Past criminal conduct is common denominator in
incidents of workplace violence
Lester S. Rosenwww.ESRcheck.com
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Employee turnover cost
• Average firm spends 36 percent of revenue
on human capital expenditures
• A 25% turnover rate can mean firm is
spending 9% of revenues on turnover
• Direct costs are separation costs (including
possible litigation) and replacement costs
• Indirect costs can be loss of productivity,
knowledge, know how and disruption
Lester S. Rosenwww.ESRcheck.com
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Embezzlement
• Embezzlement can occur when there is
opportunity+motivation+rationalization
• Embezzlement is a crime of violating trust--criminal
cannot get access to assets unless they gain your trust
• The problem--embezzler can have same traits as best
worker in order to accomplish crime
• Pre-employment screening key solution
• Background checks can discourage embezzler from
applying and may uncover either criminal records or a
negative reference (although some past employers may not
give information)
Lester S. Rosenwww.ESRcheck.com
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Workplace Theft
• Employee dishonesty costs over $50
BILLION annually (US Dept. of
Commerce)
• One-third of business failures are direct
result of employee theft (US Chamber of
Commerce)
• Over 42% of inventory shrinkage is due to
employee theft
Lester S. Rosenwww.ESRcheck.com
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Litigation Exposure
• Every Employer has legal duty to exercise due
diligence in hiring
• An employer can be sued for negligence if they
hire someone who they knew, or in the exercise of
reasonable care should have known, was
dangerous or unfit for the particular job.
• Per recent California survey, employers lose 60
percent of negligent hiring cases with verdicts
average about $3 million
• Average settlement is $500,000 and attorney fees
Lester S. Rosenwww.ESRcheck.com
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Why Employers are at a
Disadvantage in Litigation
• Cases will normally have some sort of serious
harm (death, assault, rape, sodomy, child molest,
theft, embezzlement, Identity theft)
• Employers have ability, duty and resources to
prevent harm through due diligence
• Jurors are often employees themselves
• A jury uses the “reasonable person” standard
• Unless employer has a compelling reason why
injury not their fault, employers usually lose
• Employers cannot claim too costly or difficult
Lester S. Rosenwww.ESRcheck.com
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Problem--Gut instinct Alone does
not Work
• Cannot detect potentially bad hire by detecting lies
at interview
• Studies show that even though people believe they
can detect liars, only 50-50 chance at best
• Per recent study, even trained law enforcement
officers are only right about half the time
• Body language, eyes, voice, etc are NOT reliable applicant may be nervous while a liar tell the lie so
often it comes across as true
Lester S. Rosenwww.ESRcheck.com
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The Catch 22--No National
Criminal/Credentials Database
• Problem: contrary to popular belief, there is no national
database available to private employers to check criminal
records or false credentials
• Fingerprint checks from FBI only available when
mandated by law (e.g. teachers/child care workers)
• Primary method for obtaining criminal records is to
physically look at each relevant courthouse!
• Over 10,000 courthouses in America with court records in
over 3200 jurisdictions
• Although criminal searches are crucial for due diligence,
they are subject to human error as well
Lester S. Rosenwww.ESRcheck.com
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Safe Hiring Program
• The solution is a Safe Hiring Program
• Series of policies, practices and procedures
designed to minimize the probability of hiring a
dangerous, questionable or unqualified candidate
• Critical elements are the Application, Interview
and Reference Checking process - costs employers
nothing
• Pre-employment screening discourages applicants
with something to hide, encourages honesty,
demonstrates due diligence and helps to hire based
upon facts and not just instinct
Lester S. Rosenwww.ESRcheck.com
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Pre-employment Screening
• Techniques used to tell employer who NOT
to hire, as opposed to other techniques
aimed at locating a candidate who is the
best “fit’ and best qualified
• Must be integrated in entire hiring process
• Using a screening firm on a finalists is only
one aspect of safe hiring
• Safe hiring is a process, not an event
Lester S. Rosenwww.ESRcheck.com
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Goals of a Safe Hiring Program
• Purpose is to mitigate the risk involved in the
largest single line item of most firms
• A safe hiring program helps employer to:
1. Discourage applicants with something to hide
2. Encourage honest interviews
3. Demonstrates due diligence
4. Eliminate uncertainties
Lester S. Rosenwww.ESRcheck.com
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ROI on Screening
• Per Small Business Administration,
every dollar invested in screening can
save $5 to $16 in reduced absenteeism,
improved productivity and lower
turnover
• Value of preventing the “Parade of
Horribles.”
• Calculate ROI using turnover calculators
Lester S. Rosenwww.ESRcheck.com
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What It Is Not
• Not a probe into a
person’s private life
• Not big brother or a
sign of mistrust
• Not an in-depth FBI
type report
• Looking for red flags
or indicators
Lester S. Rosenwww.ESRcheck.com
• Not a guarantee that
every applicant with a
significant problem
will be identified, but
a powerful tool used
with resume review
18
The critical pre-hire process
(9:30-10:10)
• The Application, Interview and Reference
checking process
Lester S. Rosenwww.ESRcheck.com
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The Catch 22--No National
Criminal or Credentials Database
• Problem: Even though safe hiring is a necessity, no easy
tool.
• Contrary to popular belief, there is no national database
available to private employers for criminal records or
credentials
• The National Crime Information Center (NCIC) is
restricted to law enforcement
• Fingerprint checks only available when authorized by
federal or state law (e.g. teachers, or child care workers)
• Even the NCIC has a significant error rate and “hit” reports
can be confusing
Lester S. Rosenwww.ESRcheck.com
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Must Search Each Relevant
Courts
• The primary method for obtaining criminal
records is to physically go to each relevant
courthouse and look!!
• Over 10,000 courthouses in America with court
records in over 3200 jurisdictions in two court
systems--State and Federal
• Some jurisdictions contain multiple municipal or
justice courts
• Errors possible if jurisdictions missed or mistake
make by human researcher
Lester S. Rosenwww.ESRcheck.com
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The AIR Process
• First line of defense is the AIR Process-Applications/Interview/References
• Firms utilizing best practice in the AIR process
have a low rate of criminal record hits
• Safe Hiring is an integrated approach across the
organization and the hiring process
• Depending upon criminal record checks may not
be due diligence since criminal records searches
are imperfect and subject to human error
Lester S. Rosenwww.ESRcheck.com
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1. Application Process-Require
Consent for Screening
• Discourages applicant with something to hide
• Encourages an honest applicant to disclose a
previous problem--a mistake honestly admitted
may have less impact
• If employers uses a third party agency, need a
separate standalone disclosure document per
federal Fair Credit Reporting Act (FCRA) and
California law
Lester S. Rosenwww.ESRcheck.com
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2. Applications are a Best
Practice
•
•
•
•
Resumes often not complete or clear
To applicant, a resume is a marketing tool
Applications ensures uniformity
Also, requires applicant to 1. provide all
necessary information and, 2. prevents
employer having impermissible information
Lester S. Rosenwww.ESRcheck.com
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3. Question about Past
Convictions
• CRITICAL: Specifically ask if person has been convicted
of a crime, or has pending charges
• Use broadest legal language for both felonies and
misdemeanors (but not overboard—do NOT ask about
arrests or open ended “waffle questions” were applicant
can argue did not lie)
• Leaving out misdemeanors is a BIG mistake (although
there are some limitations in California)
• Conviction does not automatically bar applicant
• REASON: Nationally, approximately 10% of job
applicants have a relevant criminal record
Lester S. Rosenwww.ESRcheck.com
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4. Need Critical Language
• Need statement that any fraudulent
statement or material omissions grounds to
terminate the process, or employment no
matter when discovered
• May also include other essential language
(employment at will/arbitration/nondiscrimination policies,etc)
• Also ask for past addresses
Lester S. Rosenwww.ESRcheck.com
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5. Look for Red Flags on
Applications
• When there is a problem employee, there was
usually a red flag on the application:
– Applicant does not sign application
– Applicant leaves criminal questions blank (the honest criminal
syndrome)
– Applicant self-reports offense
– Applicant fails to explain why left past jobs
– Applicant fails to list past supervisors or details of past
employment
– Excessive cross-outs and changes
– Incomplete information
– Applicant fails to explain employment gaps
Lester S. Rosenwww.ESRcheck.com
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6. Interview Process-the Five
Questions
• Away ask these five question (during
housekeeping stage of interview)• Since applicant signed a consent and
believes you are doing checks, powerful
incentive to be truthful
Lester S. Rosenwww.ESRcheck.com
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Five Questions
– 1. We do background checks on everyone we make an
offer to. Do you any concerns about that you would like
to discuss? (Good applicants will shrug off)
– 2. We also check for criminal convictions for all
finalists. Any concerns about that (make sure question
reflects what employer may legally ask in your state)
– 3. We contact all past employers. What do think they
will say?
– 4. Will past employer tell us that e.g. you were tardy,
did not perform well etc.
– 5. Use interview to ask questions about any
unexplained employment gaps
Lester S. Rosenwww.ESRcheck.com
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Training Video (10:10-10:30)
• Safe Hiring Video
Lester S. Rosenwww.ESRcheck.com
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The Legal Aspects of safe hiring
(10:45-11:15)
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•
•
•
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The Fair Credit Reporting Act (FCRA)
Effect of state FCRA laws
EEOC and Discrimination law
Invasion of Privacy
Defamation
Lester S. Rosenwww.ESRcheck.com
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Purpose of FCRA
• First passed in 1970 primarily to address issues involving credit
• Purpose to promote confidentiality (privacy), accuracy and
relevancy of information
• Substantially amended in 1996 (effective 9/30/1997)
• Regulates the activities of: 1 Consumer Reporting Agencies
(CRA's); 2. users of consumer information (i.e. employers); 3.
furnishers of consumer information, and 4. gives rights to
consumers affected by reports on them
• Fundamentality FCRA controls information about consumers
by regulating information that certain third parties assemble
and evaluate and then disseminate
• Not limited to just Credit Reports-includes all sorts of information
bearing on a consumer including public records
Lester S. Rosenwww.ESRcheck.com
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Sources of Information
• Text FTC: http://www.ftc.gov/os/statutes/fcra.htm
• FTC Web site (with prescribed notice to consumers, users and
furnishers); http://www.ftc.gov/os/statutes/fcrajump.htm
• FTC Staff Letters-Advisory (not the force or effect of law)
• Older commentaries, informal letters opinions and Congressional
record
• 2003-FTC has opened up FCRA for comments
• General: www.ESRcheck.com
• Special California rules:
http://www.esrcheck.com/web/articles/AB655-California.html
Lester S. Rosenwww.ESRcheck.com
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The FCRA in Four Easy Steps
• 1. Employer must certify will follow the law (not
•
•
•
•
discriminate, use for employment only)
2. Obtain written release and standalone disclosure
3. Adverse Action letters: Pre-adverse action-copy of
report and statement of rights so applicant can object if
information inaccurate or incomplete. Entitled to post –
adverse action letter if decision is final
4. Beware of special state rules
See Special Report in Materials on Complying with the
FCRA in Four Easy Steps
Lester S. Rosenwww.ESRcheck.com
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Employer Certifications
• Prior to providing a consumer report or
investigative consumer report for employment
purposes, employer must first certify to the CRA
in writing that it will follow the FCRA rules
concerning disclosure/authorization/notice and
adverse action notices, and not use information in
violation of any state/federal discrimination law
• CRA will typically provide such a form
• New screening industry association is forming that
may eventually standardize the employer
certification language
Lester S. Rosen35
www.ESRcheck.com
Disclosure and Authorization
Issues
• Excess verbiage rule-can combine disclosure/authorization
BUT cannot put excessive language on form that detracts
from clear meaning
• Waiver rule-Per FTC letter (Hauxwell) cannot make
consumer waive rights under FCRA (some firms use a
waiver to the extent permitted by law)
• Date of birth issue on forms
• Screening firms use many different forms-new association
may suggest standard form
• “One-time” Disclosure/Authorization good for future
screening with limits
Lester S. Rosenwww.ESRcheck.com
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Investigative Consumer Report
• Per section 606(a) & (b), special disclosure rules
• Applies if a screening firm goes beyond asking for
FACTS and request OPINIONS
• 606(a)-Employer must disclose that an ICR may
be obtained and consumer has right to additional
disclosures and a copy of a Statement of Rights
• Must be mailed or delivered not less then 3 days
after report requested (usually part of the form
provided to new employees at beginning of
process)
Lester S. Rosenwww.ESRcheck.com
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Investigative Consumer report (2)
• Per Section 606(b), upon written request of
consumer, employer must make a complete and
accurate disclosure of the nature and scope of the
investigation no later then five days from request
• Per Hauxwell letter, because of the ambiguity of
the section, an employer could either provide the
Sec. 606(a) “Summary of Rights” at the outset,
or wait until an applicant’s 606(b) request
• As practical matter, in pre-employment situation,
this is handled in the forms provided by the CRA
Lester S. Rosenwww.ESRcheck.com
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State Laws: California Trends
• At least 20 states have consumer laws that are arguably
broader than the Federal FCRA
• CA first state to apply FCRA type rules on employers who
obtain public record themselves (AB 655 in 2002)
• Law passed in response to Lewis case out of Ohio, where
FCRA loophole allowed employer that obtained
information directly to “blackball” applicant without
notification
• Required employers to turn over all information to
consumer in order to close loophole where FCRA does not
apply to private employers
• Amended September 2002 with AB 1068 and AB 2868
Lester S. Rosenwww.ESRcheck.com
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Privacy/Defamation
• Employer can be sued for invasion of privacy if screening
invades a zone of privacy without justification and/or
employer utilizes overly intrusive tools
• Balancing issue-weighing the consumer's privacy interest
against employer’s legitimate needs and the technique used
• Recommendation: Follow FCRA procedures (content,
notice) even if performed in-house
• FCRA is the Gold Standard for Privacy
• Can also be sued for intentional/ negligent infliction of
emotional distress and defamation
Lester S. Rosenwww.ESRcheck.com
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EEOC and State rules
• EEOC prohibits inquires that discriminate on the basis of
a protected classified and not a validly related to job
performance or a bona fide occupational qualifications
(BFOQ)
• Cannot discriminate on basis of age, sex, religion, national
origins, race, etc
• See Chart on acceptable and unacceptable questions
• Many states have their own laws
• Americans with Disability Act (ADA) –ability to perform
essential job function with or without reasonable
accommodation (the current use of legal drugs is NOT a
medical condition)
Lester S. Rosenwww.ESRcheck.com
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Legal Questions
• Cannot screen or seek anything could not ask in
interview
• Follow the Fair Employment Guidelines in your
state
• Cannot unduly invade privacy
• Treating candidates the same-may want to
consider standard form or structured interview so
that all candidates have the same questions asked
Lester S. Rosenwww.ESRcheck.com
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Guidelines for employment
inquiries
• Is it job related (e.g. a valid predictor of job
performance)?
• Does it discriminate against a protected groups
(sex, age, marital status, race, physical
impairment, etc)?
• Does it indirectly discriminate?
• Does it violate a statutory (substantive) right? (e.g.
no arrest data)
• Does it violate a procedural right? (e/.g. FCRA)
Lester S. Rosenwww.ESRcheck.com
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Verifying Past Employment
(11:15-12:15)
– Critical to verify employment to determine where a
person has been (even if you only get dates and job
title)
– Looking for unexplained gaps AND for locations to
search for criminal records
– If can verify person gainfully employed last five-ten
years, less likely spent time in custody for serious
offense
– Just attempting and documenting effort demonstrates
due diligence
– Can also verify education/credentials
Lester S. Rosenwww.ESRcheck.com
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Past Employment Issues
• All employers want references, but few will
give them due to fear of being sued for
DEFAMATION
• Good applicants are often unable to get the
recommendations they deserve
• Problem applicants move on to
unsuspecting employers with their past
behind them
Lester S. Rosenwww.ESRcheck.com
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Difference Between Verification
and Reference
• Verification refers to Factual matters,
such as start and stop dates, job title and
possibly salary
• Reference checking refers to job
performance--Qualitative matters
Lester S. Rosenwww.ESRcheck.com
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Why Need Verification
• Demonstrate accuracy of resume
• Even if former employer will only verify
basic data, attempting to obtain a reference
Demonstrates Due Diligence
• Looking for Employment Gaps
Lester S. Rosenwww.ESRcheck.com
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Why Need References
• Information v. Instinct
• Past can be Prologue--unlikely that an
employee will perform better for you than a
previous employer
• Protects important financial investment
• Promotes better fit
• Legal protection against negligent hiring
Lester S. Rosenwww.ESRcheck.com
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Legal Protection
• Many states have laws that protect
employers
• Employers given some degree of legal
protection from defamation if
– 1. Other employer initiates contact
– 2. Information job related
– 3. Good faith belief truthful
Lester S. Rosenwww.ESRcheck.com
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Is an Employer Really Protected?
• Many labor lawyers argue that the risk of
defamation lawsuit still outweighs benefits
in giving reference
• No legal duty to give reference information
or even verification
• No clear definition of what “truthful” or
“job related” means
Lester S. Rosenwww.ESRcheck.com
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It Gets Even Worse
• Calif. school case--school administrator
acted inappropriately with student
• First school district gave positive
recommendation, but left out negative
• First school liable-- could not misrepresent
qualifications and character where there is a
foreseeable risk of injury
Lester S. Rosenwww.ESRcheck.com
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CATCH--22
• If employer gives reference, and leaves out
the negative, could be liable to 3rd parties
• If employer gives the negative, can risk
defamation lawsuit
• Since employer has no duty to say anything,
most labor lawyers recommend the basics-start date, stop date, and job title
• Some will confirm salary only if given
Lester S. Rosenwww.ESRcheck.com
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What is Negative Information
• If person embezzles and is convictedprobably on safe ground
• What if suspected of conduct, but no
conviction?
• What if accused of harassment?
• Does it matter if there is an investigation?
• What about private behavior?
Lester S. Rosenwww.ESRcheck.com
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Strategies when ASKED for
References
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Determine your policy and be consistent
Written policy everyone aware of
All info through a central source only
Clearly document who is asking and what
is given by whom
• Written release provides protections
• If there is a current lawsuit or claim, strictly
limit info to the basics
Lester S. Rosenwww.ESRcheck.com
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Reasons Need Strict Policies
• There are professional firms that are hired
by applicants just to see what is being said
about them
• Statements can be the basis for litigation-employers need to know who said what and
when
• REMEMBER: No such thing as “off the
record.”
Lester S. Rosenwww.ESRcheck.com
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When the Reference is Negative
• Give notice at exit interview of info that will
be given --reason most ex-employees see
lawyers is that they were surprised
• Make sure everything is factually correct
• State facts and avoid conclusions--e.g. don’t
say incompetent, but describe problem
• Include favorable facts
• Make sure personnel file accurate
Lester S. Rosenwww.ESRcheck.com
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Other Strategies
• Some employers belong to 900 service
• Many route all calls to payroll or accounting
• Some employers use “informal” methods to
give negative reference; e.g. suggest that
applicant sign a release for performance
evaluations
• Can give good references but say No
Comment if reference would be negative?
Lester S. Rosenwww.ESRcheck.com
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Challenges when trying to
OBTAIN references
• Substantial challenge--sometimes not
possible
• Try to locate manager or supervisor, or even
former co-worker
• Professional Networking
• Informal means of gleaning information
“between the lines”
• Supplied vs. Developed references
Lester S. Rosenwww.ESRcheck.com
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Practical Difficulties
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No one will return calls
Will only verify by mail or with release
Uses 900 phone number only
Employer out of business/cannot be located
Company merged
Applicant was a temp/contract employee so
not on payroll
Lester S. Rosenwww.ESRcheck.com
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Other Practical Problems
• Military employment
• Foreign employment
– Challenges in international calling
– Time zones, languages, finding phone numbers,
verifying real business
– Some employers will substitute local reference
(someone in community?)
– H-1B visa requirements
Lester S. Rosenwww.ESRcheck.com
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Practical Considerations
• Contact Current employer? Some
employers will immediately terminate
someone looking for new job
• Fake or set-up references? (Use phone
number applicant gives you?)
• Keeping track of each applicant status
• Getting callbacks--need to be relentless
• Calling, faxing and/or writing-Lester S. Rosenwww.ESRcheck.com
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Why if only get NO COMMENT
• Can at least verify dates of employment
• Important to make sure no unexplained gaps
(which relates to criminal record searches)
• Should document all efforts made and all
results
• Best protection against NEGLIGENT
HIRING is at least trying
• Demonstrates DUE DILIGENCE
Lester S. Rosenwww.ESRcheck.com
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Reference Questions
• Goal: Legal, professional, thorough and
insightful (i.e. revealing).
• Are they legal questions
• Are they job related
• Are they informative
• Use of open ended questions to get narrative
answers
Lester S. Rosenwww.ESRcheck.com
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Reference Questions
• Use of questions showing behavior--e.g. “Can you
give me a specific example of how he/she was a
great team player?”
• Ask targeted question--”The candidate states
he/she implemented a sales training program. Can
you tell me about his/her contribution.”
• Read the candidate resume--see what the person
said.
Lester S. Rosenwww.ESRcheck.com
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The “Eligible for Rehire”
Questions
• Ambiguous since applicant technically
eligible to come back does not mean past
employer would rehire.
• Need to ask if they would rehire if they had
the opportunity
Lester S. Rosenwww.ESRcheck.com
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Who Should do Reference
Checks
• For critical position, often done in-house by hiring
manager or HR
• Problem with in-house calls: not all past
employers called in a consistent fashion by hiring
managers
• For large hiring program, can outsource to a third
party, such as an HR consultant or professional
background firm
• Outsourcing usually done to decide who NOT to
hire, and not for purposes of the initial assessment
Lester S. Rosenwww.ESRcheck.com
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What Is Pre-screening and other
tools available (1:15-2:00)
• Check of public
records - e.g.,
Criminal or civil court
records, driving
records
• Check of private
records - e.g., Credit
reports
Lester S. Rosenwww.ESRcheck.com
• Verification of factual
matters - e.g.,
Education, job history,
professional licenses
• Reference checking e.g., Job performance
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Additional Tools
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Education
Driving records
Social Security trace
Credit Reports
Workers Compensation
Drug Testing
International Screening
Terrorist Searches
Honesty testing (validity/non-discriminatory)
Lester S. Rosenwww.ESRcheck.com
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Ten Things About Obtaining
Criminal Records (2:00-2:30)
1. Humans Perform the Searches
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Researcher goes to actual courthouse
Public access computer (look-up by names)
Searches performed by court clerk
Paper indexes, binders or books (in some
cases, need to search year by year)
• Some counties charge an access fee
• Can be name and spelling variations
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2. Must Confirm Identity
• Initial search is usually by name match only
• If there is a “hit” need to review actual file
to obtain details and to confirm identity
• Identifiers include date of birth, drivers
license, or SSN
• Delay possible if the court clerk needs to
obtain the file, or file in storage
• Some counties require a court fee
Lester S. Rosenwww.ESRcheck.com
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3. Must Confirm Case Details
• Must examine file to determine details of
case
• Need to determine if felony or
misdemeanor, sentencing, future court
dates, probation terms and nature of offense
• Actual police reports often not available
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4. Federal and State Systems are
Separate
• State County courts often two tiered-Felony courts (e.g
Superior or Upper Courts) and Misdemeanor courts.
Some counties have separate traffic courts
• In addition, if there are multiple misdemeanor courts, firms
normally only search the central lower court--misdemeanor
cases in outlying courts can be missed
• The majority of all criminal prosecutions is in state courts
• There are three categories of criminal offenses-felonies,
misdemeanors, and infractions
• Some offense can be either a felony or misdemeanor,
depending on seriousness of offenses and /or if a person
has prior convictions--called a “wobbler”
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5. Different Levels of Crimes
• Three categories of criminal offenses:
felonies, misdemeanors, and infractions
• Felonies carry state prison sentence/
misdemeanors local time (county jail)
• Felony can also be punished with probation
and “local” county jail time
• Some offenses can be either a felony or
misdemeanor--called a “wobbler”
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Federal Crimes
• There are 94 federal judicial districts
• A criminal matter becomes a federal case if
there is an allegation of a violation of
federal law
• Many federal crimes could also be
prosecuted in state court under state laws
• Federal prosecutors have a great deal of
discretion in the cases they accept
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Federal System 2
• Federal cases are typically serious crimes (e.g.
large drug cases, financial fraud, bank robbery,
interstate crimes)
• Federal offense are sentenced under the Federal
Sentencing guidelines
• Sentences can be very long (especially for violent
crimes, gun use or drug offenses) with many
federal crimes carrying 10 year minimum
mandatory prison sentences
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Federal System 3
• Many employers do not find it as valuable to do
federal criminal searches since federal crimes are a
very small percentage of all criminal cases
• Since many federal sentences are long, very hard
for a person to hide federal crime if employer
checks past employment--applicant would
normally have an unexplained employment gap
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6. Alternative punishments
• Jail alternative programs e.g. home detention or
“Commit a crime, go to your room,” or work
furlough, work alternative program or weekend
sentence
• Diversion programs, delayed entry of judgment or
similar programs can restrict ability to report
offense
• Person can seek can petition for certificate of
rehabilitation, governor's pardon, etc.
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7. Big Mistake Not to Look For
Misdemeanors
• Big mistake to only look at felonies
• Misdemeanors can be very serious--e.g. assaults,
sexual offenses, weapons charges
• Not unusual for felony charges to be reduced to a
misdemeanor (plea bargain)
• ALERT: Most misdemeanors searches limited to
central court only. Some jurisdictions have
numerous local courts, and they are very difficult
to search
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8. Careful Using Databases
– Excellent secondary source --covers wider area
then a county search
– Some databases are repositories only or
maintained by correctional authorities
– Only a few “true” statewide databases using
information directly from the courts
– Issues as to timeliness, accuracy, completeness,
identity and final disposition of matter
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9. Must Determine Where To
Search
• Since no nationwide database for private
employers, must select counties to search
• Cannot search everywhere--never a guarantee that
search is complete
• Best protection: seven year county search of
where applicant has lived, worked or studied
based on a social trace (the credit header
maintained by the credit bureaus), application and
list of past addresses
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10. In-depth Criminal Searches
Available
• In addition, can also search :
–
–
–
–
–
–
Larger metro areas surrounding counties
Federal searches
Statewide database if available
Contact local prison system/Federal BOP
Sexual offender databases
DMV for driving related offenses
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International Criminal Checks
• Most countries do not have extensive public
records systems available
• Checks can be expensive and time consuming/ not
always clear what courts are being checked or how
records maintained
• Can still verify schools, former employers, and
criminal check for period living in US
• Can also hire investigator in a country for in-depth
search
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Ten Things to Know About using
Criminal Records (2:30-3:00)
• 1. Not All Criminal Convictions Will
Disqualify Applicant
Legal standard is fitness for a particular job
• Person with theft conviction may not be good
candidate to work cash register, but may be great
worker in another capacity
• Society has an interest in helping everyone get
employed, especially those with criminal
convictions--they need a job to become law
abiding and taxpaying citizens
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2. No Automatic Disqualification
Rule
• Must apply EEOC test to criminal matter
• Can have discriminatory impact by
disqualifying a disproportionate number of
members of certain groups
• Must determine if there is a rational job
related reason that person is unfit for the job
• FACTORS: Nature and gravity of offense,
when it occurred and nature of position
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3. Special Consideration if Using
Arrest Records
– If based upon arrest only (i.e. not adjudicated
and not pending), then employer must make
some reasonable inquiry into underlying facts
– The issue is CONDUCT, not the mere fact of
the ARREST
– Employer should not just dismiss applicant's
explanation, but should take reasonable steps to
determine if the explanation is credible
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4. Approach if Applicant Lied
• If background check locates criminal
matter(s) that applicant misrepresented,
then the dishonesty can be the basis to deny
employment
• That is reason why employment application
should ask about criminal records in broad,
clear language, and inform applicant that
dishonesty is grounds to deny employment.
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5. If Obtained by Outside
Agency, Must Follow FCRA
• Employer (internal security) can go to all the
necessary courthouses themselves, or hire an
outside agency
• If use outside agency, search covered by the
federal Fair Credit Reporting Act (FCRA)
• FCRA applies to both background screening
agencies and licensed private investigators who
regularly research backgrounds--called Consumer
Reporting Agency (CRA)
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If obtain internally, special issues
• If internal security obtains records, not
limited by seven-year rules (but see special
CA rules)
• However, easy to fall into a traps that
violate FCRA
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6. Special State Rules on
Criminal Records
• Need to be aware of special state rules
• Numerous states have rules that limit the
consideration of criminal records , such s
diversion, or cases that have been expunged
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7. Understanding the Conviction
• Are there proper identifiers?
• What was the crime? (What behavior was
involved)
• How does it impact a job decision?
• Felony or misdemeanor?
• How long ago?
• Information current?
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Some Common Terms
• Nolo contrendere-no contest (same as guilty for
criminal but has no impact on civil case)
• Nolle prosse-dismissed, not prosecuted
• FTA-Failure to Appear
• Diversion or delayed entry of judgment-special
programs in some states for first offenders
• VOP-Violation of Probation
• CA 1203.4-Certificate of Rehabilitation
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8. Can Employer Be Sued for
Checking Criminal Records?
– Chance of being sued successfully by a criminal for not
hiring are probably remote
– Near statistical certainty that without screening,
employer will hire a criminal since 10-12% of screened
applicants have criminal records
– Employer must balance certainty that without
screening they will hire a criminal against remote
possibility of lawsuit
– The FCRA guards against mistake--applicant can
review report prior to adverse action
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9. Policy on Convictions
– Individualized process utilizing EEOC factors
– Have policy that employer maintains a safe
work place and will conduct strict review of
any application with a criminal record, but no
automatic disqualification
– If exception made, document reasons (in case
sued by third party for injury, or future
applicant with similar record not hired)
– Utilize fair, consistent and documented
procedures on all applicants
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10. If Person is Still Hired
• Document reasons and processes
• Ensure person is in a job for which they are
reasonably suited
• Any special supervision or assistance
necessary to help the person succeed and
maintain safety?
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Implementing a Background
Screening Program (3:15-4:00)
•
•
•
•
•
•
•
Developing Policies
SAFE Hiring System
Background Screening Workflow
Type and Level of Screening
FAQ’s about a screening program
Outsourcing
Summary of Ten Safe Hiring Tools
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Policies
• Best practice to have policies in employee manual
• Should have an internal policy addressing key
issues:
–
–
–
–
–
Who is in charge
Mechanics of sending orders/receiving reports
Level of screening and Consistency
Privacy and Confidentiality
Dealing with adverse information (e.g criminal
records/credit information, etc)
– Applicant rights (e.g., non-discrimination, FCRA, CA
laws)
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S.A.F.E Hiring System
• S-Set-up a program, policies and procedures
to be used throughout the organization.
• A-Acclimate/train all persons with hiring
duties
• F- Facilitate/Implement the program.
• E-Evaluate and audit the program by making
sure that everyone responsible understands
that their compensation and advancement is
judged in part by the attention they pay to the
hiring process. Organizations typically
accomplish
those things that are measured, 97
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audited and rewarded.
Set-Up Program
1. Who is in charge—For any program to succeed,
someone must have both the responsibility to carry
it out and the authority.
2. Policies--Have internal policies and procedures in
place. The critical elements are the Application,
Interview and Reference Checking process, also
called the AIR process followed by other checks
(criminal, education, etc)
3. Policies for Privacy and consistency
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Acclimate/Train
• It is recommended that each hiring manager
go through a training process on the AIR
process.
• Training includes the importance of safe
hiring and pre-employment screening to the
organization, how to implement the AIR
process, and why it is personally a matter of
importance to hiring mangers that due
diligence be demonstrated in the hiring
process.
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Facilitate/Implement
• In order to facilitate the program, it is
recommended that each hiring manger
be provided with a Safe Hiring checklist
that goes into every applicant file.
• Makes it easier for hiring mangers to
follow the program.
• Creates a routine and provides a clear
audit trail.
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Evaluate/Audit
• General rule: members of an organization
accomplish those things that are measured,
audited and rewarded.
• Hiring managers must clearly understand that
they will be audited periodically on how well
they implement and follow the system.
Otherwise, the S.A.F.E. Hiring Program is just
a flavor of the day from the central office.
• Audit trial must go all the way up the
organization.
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Background Screening
Workflow
• Reports typically take 48-72 hours
• Criminal records and verification of employment,
education and credentials are done manually at court
or contacting appropriate source.
• With typical internet system, can track status of all
orders 24/7
• Source of out of control delays include court clerk
delay in pulling criminal files, schools that are closed,
or employers who cannot be located or do not return
calls
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Type and Level of Searches
• Depth of search depends upon position
and risk involved
• Basic rule-treated similarly situated
applicants the same
• At a minimum, follow AIR Process and
do a criminal search
• More in-depth searches for higher
positions
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FAQ’s about screening
• Do we risk getting sued for violation of
rights or invasion of privacy
• Does it delay hiring
• Cost-effective?
• Effect on applicants?
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#1 Legal and privacy concerns?
• In a Pre-Screening program, all of an applicant’s
legal and privacy rights are respected
• Conducted under the Fair Credit Reporting Act
(FCRA)
• By following the FCRA, applicants have a wide
range of protections
• Following FCRA also protects employers
• California has special rules (important to ensure
following state rules)
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Maintaining/Viewing Reports
• Should only be viewed by person with
hiring authority (HR, Hiring manager)
• Maintained separately from general
personnel file and not passed around office
• Maintain records for a minimum of three
years from separation (but may want to
consider longer)
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#2 Does it delay hiring?
• Report are normally completed in 2-4
business days
• Employers doing pre-screening find that
screening does not delay hiring
• Pre-screening program can be integrated
seamlessly into hiring practices
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#3 Is it cost-effective?
• The cost of a background screening is less
than the cost to a firm of a new employee
on just the first day on the job
• Avoiding even one bad hire will justify the
cost of a background screening thousands of
times over
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#4 Effect on applicants?
• Good applicants appreciate that employer
concerned about safe and profitable
workplace for a everyone
• Applicants understand that this has become
a business necessity and also protects
everyone in the workplace
• Pre-employment screening is becoming a
necessity in the workplace
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Outsourcing vs. In-house
• Firms typically outsource those functions that
although critical, are not their core competency
• With screening, some functions a firm can and should
do in-house, such as initial phone references to
determine if applicant is a good fit
• However, may other tasks requires specialized
knowledge and resources.
• Typically cost-effective to outsource.
• Also some advantage to having neutral third party run
checks
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Criteria for Outsourcing
•
Use same criteria as for any other trusted
provider of a professional service (e.g.
lawyer, benefits consultant, etc)
a. Expertise/knowledge of the service provider.
b. Legal compliance expertise
c. Personal service and consulting, not just a raw
data provider
d. Pricing.
e. Turnaround time.
f. Internet order/reporting options
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Current employees
• Employer may need to screen current employees
• Legal considerations-must follow FCRA
• If employee refuses to agree, best practice is to tie
agreement into next pay increase or promotion
• Cultural consideration-critical that there be
employee buy-in and assurance that nothing will
occur automatically
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Summary of Ten Critical Tools
• 1. Have consent for
background check
• 2. Use an application form
• 3. Ask about criminal
convictions in application
• 4. Include other critical
language in application
• 5. Review application
carefully for “red flags”
• 6. Ask the Five critical
interview questions
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• 7. Check past
employers/schools
• 8. Procedure if
employment starts before
screening completed
• 9. Check for criminal
records at local courthouse
at a minimum
• 10. Understand rules
about the proper use of
criminal records
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If your firm is sued, can you
show Due Diligence? (4:00-4:30)
• Question before jury-did your firm take
appropriate steps in its hiring to protect the public,
co-workers or others at risk?
• Technique: Trial attorney's identify the
fundamental thrust of their case and give it a test
drive.
• In order to determine how your firm may do, and
to establish a benchmark—use a common scenario
and ask an “average” person their reaction to what
your organization does for safe hiring.
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Why employers are at a
disadvantage in litigation
• Can be sued for serious injury to employee or
family member
• Employer had greater ability and resources to
prevent harm through safe hiring
• Employer has a legal duty of care
• Jurors are often employees themselves
• Unless employer has a really good reason why
injury not their fault, employers lose the majority
of cases
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Benchmark exercise
• Assume your organization hired an accounting clerk who
falsified his/her credentials AND attacked a supervisor
when confronted with numerous errors
• Describe what your firm (or a past firm) did to exercise
due diligence
• Hint: Not sufficient to merely say had a background firm
do a check:
– What due diligence exercised in selecting firm
– What steps taken pre-hire in the application, interview
and reference checking process before background
check
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Safe Hiring Audit
• Goals: Perform a self-assessment audit of
procedures in chronological order
• Use audit to identify strengths and weaknesses,
areas that need improvement and compliance.
• Caution: This is for educational purposes only-do
not create a document that can be used against
your organization in court.
• Formal audit can be conducted with assistance of
firm’s attorney
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Advantages of an Audit
• General rule: members of an organization
accomplish those things that are audited,
measured and rewarded.
• A safe hiring program will be most effective if
everyone involved clearly understands that
they will be audited periodically, and their
compensation depends in part on results
• Otherwise, hiring managers may just assume
that the safe hiring program is just a flavor of
the day from the central office.
•LesterAudit
S. Rosen- trail must go all the way up the
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organization
Methodology
• For each of the 25 steps below, measure your organization
on a 0-4 scale (or A,B,C,D and F)
– “0” means doing nothing or out of compliance (F)
– “1” means taking some steps but falls short of what an
employer should do (D)
– “2” means taking some measures but need to improve
(C)
– “3” means taking strong measures (B)
– “4” means your operation could be a model for other
firms (A)
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Documentation is the KEY
• In a lawsuit, documentation is the critical factor
• For example., not sufficient to simply have a
training session
• Can you document who attended, when, if they
stayed for the entire time, what was taught, if there
was any follow-up
• Need to have that in WRITING
• Cannot score an”A” without documentation
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1. Are there written programs,
policies and procedures in place
• Is there a written company policy on safe
hiring?
• Is there a procedures memo on the safe
hiring program used?
• Does the employee manual address safe
hiring issues?
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2. Have policies and procedures
been reviewed for legal
compliance
• Federal Fair Credit Reporting Act (FCRA)
•
•
•
•
followed if third party firms involved
EEOC And California DFEH Non-Discrimination
Rules
ADA and state ADA rules
Specific state laws (i.e., California regulates both
third-party screening AND internal employer
investigations through the Investigative Consumer
Reporting Agencies Act)
Privacy and Defamation
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3. Communication of policies
and procedures
• Is the company's policy on safe hiring
communicated effectively to the workforce and
managers?
• FACTORS:
– How frequently is the information communicated?
– Can organization document the communication? (I.e. If
you were in a deposition, how can you document there
was communication of the policy and what are the
details)
• HINT: Written documentation works best
detailing dates and times
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4. Organizational responsibility
for safe hiring
• Is there a position specifically responsible
for safe-hiring practices I.e. is that in
someone's job description
• If safe hiring is decentralized in hiring
departments, are there policies and
procedures in place for uniform procedures
across the organization, review and audit of
performance, and training?
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5. Tools and Training to ensure
hiring managers follow plan
• Is there training for hiring managers, HR, etc.?
• FACTORS:
–
–
–
–
How is the training conducted?
Frequency of training?
How is training success monitored and measured?
Is an identifiable person responsible to analyze,
implement, and evaluate the training program?
– How documented?
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6. Auditing of safe-hiring
practices
• Is there a documented audit procedure to ensure
safe-hiring practices are followed? (i.e. can you
prove someone was auditing procedures to see if it
was followed)
• FACTORS:
– How the is the completed audit information
maintained?
– How frequently does auditing occur?
– Who conducts the audit process?
– Does the audit trail go to the TOP (i.e.. local managers
checked by regional managers, checked by division
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manager,
checked
by
HR
Director,
etc)
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7. Are there consequences for
not following safe hiring program
• Are there consequences if hiring manager,
HR, etc. fails to implement, follow plan?
• Can employer document that anyone not
following procedures is adversely
impacted?
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8. Procedure to place applicants
on notice
• Is there notice in the job announcement, bulletin,
classified advertisement, Internet site, etc. that you
perform background checks?
• Is there a notice on the application form that a
prospective candidate receives?
• Do applicants sign a RELEASE for a background
check?
• Reason: Discourages applicants with something
to hide/encourages applicants to be truthful
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9. Does the firm use an
application form?
• Application process is a best practice
• Reasons:
–
–
–
–
Resumes often not complete or clear
To applicant, a resume is a marketing tool
Applications ensure uniformity
Also, requires applicant to provide all necessary
information, prevents employer having impermissible
info, and gives employer place to have applicants sign
certain statements
– If no application process, is there a supplemental form
with necessary language?
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10. Does the application form
have all necessary language?
• CRITICAL: Specifically ask if person has been
convicted, or has pending charges
• Broadest legal language for both felonies and
misdemeanors
• Some limitation on misdemeanors
• Fraudulent statement or material omissions
grounds to terminate the process, or employment,
no matter when discovered
• Language re: at will, non-discriminatory, etc
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11. If using screening service,
using separate form and
procedures per FCRA?
• Obtain written release/disclosure on a stand-alone
document
• Pre-adverse action-copy of report and statement of
rights so applicant can object if information
inaccurate or incomplete
• Second letter sent to applicant if decision is made
final
• Employer must also certify will follow the law
(not discriminate, use for employment only)
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12. Are forms provided by
screening service complete and
legally compliant?
• Form by a screening service should ask for
addresses for past seven years AND request
permission for future screenings (although some
possible CA limits)
• Are forms fully FCRA compliant?
• Do forms comply with the many provisions of CA
law? (Screening forms used in other 49 states are
not legal in CA)
• Has attorney reviewed FCRA/California
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compliance
issues
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13. Reviewing Ten potential Red
Flags on application
• 1. Does not sign
application
• 2. Does not sign release
• 3. Leaves criminal
questions blank (the
honest criminal
syndrome)
• 4. Applicant self-reports
offense
• 5. Fails to identify past
employers
• 6. Fails to identify past
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• 7. Fails to explain why
left past jobs
• 8. Excessive cross-outs
and changes
• 9. Unexplained
employment gaps
• 10. Explanations for
employment gaps or
leaving past jobs do not
make sense
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14. In reviewing applications or
resumes, does firm look for
employment gaps?
– Reasons: Critical to verify employment to determine
where a person has been (even if you only get dates
and job title)
– Looking for unexplained gaps AND for locations to
search for criminal records
– If can verify person gainfully employed last five-ten
years, less likely spent time in custody for serious
offense
– Just attempting and documenting effort demonstrates
due diligence
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15. Are interviewers trained in
legal compliance?
•
•
•
•
•
Treating all applicants in a similar fashion
Questions that may not legally be asked (i.e.,
questions that are discriminatory or prohibited
by law)
How to respond when an applicant volunteers
impermissible information
Statements NOT to make to an applicant, such
as promises about the job
Uniform note taking and record keeping
procedures no notations on resume
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16. Five Critical Questions Used
in STRUCTURED Interview?
• Since they have signed a consent and believe you
are doing checks, powerful incentive to be truthful
– 1. We do background checks on everyone we make an
offer to. Do you any concerns about that you would like
to discuss? (Good applicants will shrug off)
– 2. We also check for criminal convictions for all
finalists. Any concerns about that? (make sure question
reflects what employer may legally ask in your state)
– 3. We contact all past employers. What will they say?
– 4. Will past employer tell us that e.g., you were tardy,
did not perform well, etc.? (job related issues only)
5. Unexplained employment gaps
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17. Does firm check references?
– Critical to verify employment to determine where a
person has been (even if you only get dates/job title)
– Reasons:
• Biggest mistake employer can make is not contact past
employers--just as critical as criminal checks
• Looking for unexplained gaps
• Also looking for locations to search for criminal records (can’t
search al 10,000 courthouses)
• If able to verify person gainfully employed last five-ten years,
less likely spent time in custody for serious offense
• Just attempting and documenting effort demonstrates due
diligence
• CIP: Computer school/carpet cleaner
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18. Does firm take any other
steps?
•
•
•
•
•
Criminal record checks
Civil records if relevant
Social trace
Education/credentials
Credit report (if appropriate and policies in
place to ensure the use of credit information
is recent, relevant and fair)
• Driving record
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19. If outsourced to 3rd party
firm, can employer demonstrate
Due
Diligence
in
selection?
• If background failed due to screening firm,
employer may be liable if failed to exercise due
diligence in selection of firm
• Factors:
– Expertise/knowledge of the service provider.
– Legal compliance--FCRA and state law compliance.
– Personal service and consulting—providing
professional consulting services
– Training/consulting services available.
– Pricing.
– Secured internet order/reporting options.
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20. Mechanics of a screening
program documented?
• Process to send requests to screening company,
track progress, receive reports, maintain privacy
and restrict to only authorized persons.
• Stage in hiring process for screening (typically
only the finalists are subject to screening).
• Degree of screening for each position (not every
position needs to be screened at the same level).
• Uniform screening procedures (similarly situated
applicants treated the same-non-discriminatory)
• Storage and retention of reports (separately from
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personnel
files).
www.ESRcheck.com
21. Policy or procedure for use of
negative information?
• Policies -- are there written guidelines to follow?
• Documentation -- are all procedures and decisions
documented to file?
• Individualized review-flat policy can be
discriminatory
• Uniformity -- are similarly situated applicants
treated the same?
• Legal compliance -- If third party utilized under
the FCRA, procedure to ensure pre-adverse action
and post-adverse letters?
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22.
Legal use of criminal
information
• Understand EEOC rules for use of Criminal
records—based upon business necessity:
– The nature and gravity of the offense;
– The amount of time that has passed since the conviction
or completion of sentence.
– The nature of the job being held or sought.
• Special rules considering arrests only
• Did the applicant lie in the application
• Criminal information been verified (information
current, belongs to applicant and employer has
understanding
of the nature of the record)
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23. Policy if person with negative
information hired?
• Firm has examined the type of support,
supervision and or structure needed to improve the
chances of success with the organization
• Firm has considered the nature of the job and the
circumstances of the past offense to take
appropriate measures to protect the firm, coworkers and the public from harm
• Firm has documented decision making factors
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24. Procedures if employment
before the background check
• If employment begins before completion of
background check, need written statement that
employment is conditioned upon receiving a
report that is satisfactory to the employer.
• Do not want to debate what is an acceptable
background report
• Issue: may need to escort person of premises if
background check is negative
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25. Supervisor policies post-hire
• Are supervisors periodically trained and educated
regarding the employer's liability for negligent
retention, supervision or promotion?
• Are supervisors trained to recognize, report and
deal appropriately with workplace misconduct?
• Procedure to investigate workplace misconduct?
• Is there a mechanism for workers or managers to
report and record workplace misconduct?
• Is it part of written job descriptions for supervisors
to record, report and address workplace
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misconduct
and
part
of
performance
appraisal
www.ESRcheck.com
Additional Resources
– Checking for Crimeshttp://www.esrcheck.com/web/articles/article3.html
– Ten Signs you are hiring a lawsuit
http://www.esrcheck.com/web/articles/article28.html
– Safe Hiring Audithttp://www.esrcheck.com/web/articles/Safehiringaudit.
htm
– General: http://www.ESRcheck.com
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