Chapter
Identity Security and Required Background Screening in the Workplaces of the 21st Century
Looking at Background Screening and Identity Security From the Future
The Convergence of Three Great Forces: Technology, Privacy, and Security
Background screening purely relates to criminality!
Getting a driverŁs license or the equivalent is enough for identification verification.
Consents and waivers are not needed for some types of background checks.
The FCRA does not apply in certain hiring circumstances.
Background checking companies do not have to be licensed.
A multistate or nationwide database is comprehensive and is an efficient and economical background screening resource.
You cannot ask for a date of birth without offering the candidate a job.
Hiring someone with a criminal past is just bad business.
Resumes are normally fairly accurate and should be good enough to make the initial hiring decision.
Chapter 1: Managing Risk in the Hiring Process
What Are We Risking by Not Having an Appropriate Screening Process?
The Avoidance of Risk-is This Possible?
Mitigating Risk Through Insurance and Indemnities
Mitigating Risk Through Contracting and Outsourcing
Mitigating Risk Through Proper Security Planning and Activity
Establishment of a Sound and Effective Background Screening Policy
Background Checks: Quality Results vs. Speedy Turnaround Times
Chapter 2: Legal Issues in Background Checks
What Laws Govern Background Checks?
Federal Law-The Fair Credit Reporting Act
Legal Procedures for Entities Obtaining Consumer Reports
State Laws-Background Checks
State and Federal Laws-Other Statutes
The Legal Implications of Conducting Background Checks
Liability for Violation of the FCRA
Liability for Common Law Torts
The Legal Implications of Not Conducting Background Checks
Conclusion-Moving Forward
Chapter 3: The Role of Security in the Hiring Process
Roles and Responsibilities of Security and Human Resources in the Screening Process
Chapter 4: Insights From Background Screening Surveys
Who Conducted the Survey?
Who do Businesses Conduct Background Checks on?
At What Point in the Hiring Process are Background Checks Conducted
Use of External Background Screening Firms
Which Function is Responsible for Background Screening?
Training for In-house Background Screening Staff
Background Screening Policy
Employment Application Questions
Chapter 5: Background Checking Policy
Laws Impacting Background Screening
The Benefits of Having a Background Screening Policy
Reduce Cost and Improve Profitability
Creating Your Background Screening Policy
Sensitive Positions Policy Statement
Process for Conducting Background Checks
Personnel Actions That May Trigger the Need for a Post Employment Background Check
Hiring Manager's Responsibility
Training and Communications
Adverse Action/Appeal Process
Record Keeping, Data Protection, and Destruction
Third Party Suppliers of Employees: Contractors, Temporary Agency, Employment Leasing, or Professional Employment Organization
Continuous Post-Hire Background Checks
The "Buy" Decision: Outsourcing the Background Screening Function
State, County, and Multijurisdiction (National) Checks
Criminal and Civil Background Checks
Reference Checks and Previous Work History
Verification of Education and Professional License Records
Methods to Meeting Your Order and Reporting Needs
Private Investigator License
Limitations of National Databases
Compliance with Legal Requirements
Errors and Omissions Insurance
Negative Hit Policy and Procedure
"No Contact" Policy and Procedure
Certification of Staff Acceptability
Bona Fide Business Verification
"No Resell" of Information Clause
Predetermined Hiring Criteria
Development or Review of Background Screening Policy
Demonstrated Financial Stability
System Security and Data Protection
The "Make" Decision: Establishing an In-house Background Screening Operation
Chapter 7: The New Focus on Protecting Personal Identifiable Information
Signs That the Current Approach is Not Working
Accidental Leaks and Sabotage
The Impact of These Calamities on Organizations
What Should be Done to Fix the Problem?
Federal Rules of Civil Procedure on Electronic Discovery
Chapter 8: Infinity Screening: Never-Ending Background Screening
Continuous Screening-An Idea Whose Time has Come
Important Considerations in Implementing an Infinity Screening Program
Development of a Background Screening Policy
Notification and Appeal Issues
Determining Appropriate Action to Take
Making an Effective Business Decision
Communications and Training
Employee Relations Issues
Chapter 9: Screening Strategies for Temporaries, Casual Labor, Consultants, Contractors, and Vendors
Chapter 10: The Special Case of Sexual Offenders
Can we Just "Spot" These Predators?
Client Reputation is an Asset Worth Guarding
Get Assigned if Possible; Volunteer if Necessary
The Emperor's New Clothes
Sexual Predator Inquiries Versus Preemployment Background Checks
Duty of Care Versus Duty to Warn
Incidence and Prevalence. Dispelling the Myths
The Sexual Predator's Decision: to Groom or to Grab
Groomer's Contingency Planning
Groomer's Method of Operation
Disrupting the Grooming: The Predator's Achille's Heel
Natural Selection Creates Groomers
Misperception of Sexual Abuse as an "Event"
Official Government Statistics
Criminal History is Rare, But it is Essential to Check it Thoroughly
Unusual Sentencing for Some Sex Offenders
"Risk Management Advice" for Youth-Serving Groups
The "Adverse Childhood Experience" Studies
Appearance of Conflict of Interest
What Does the Security Professional do With Adverse Observations?
Deflection, Not Detection
Post-Hire Background Checking and the Equal Employment Opportunity Commission
Federal Trade Commission and FCRA/FACTA
Chapter 11: The Other Side of Background Screening
What is the Potential Magnitude of the Impact?
State Laws and Their Impact on Use of Criminal Records for Employment Purposes
What are Some Possible Alternatives for Addressing this Problem?
Four Key Common Elements of Expungement Among State Statutes
Extent to Which an Individual Can Deny Expunged Record
Rehabilitation-Worthiness of Having Records Expunged
Expunged Records and Access to Criminal Records
Government Support for Previously Incarcerated Persons
Employability Support for Previously Incarcerated Persons
Restrictions on Background Checks
Tips for Reducing Risk to Employers That Hire Previously Incarcerated Persons
Chapter 12: International Background Checks: The New Frontier in Employment Screening
Quick Tips for What Employers Should Check on Foreign Nationals
Names and name variations
International Identity number
Education and Employment Verifications
Homeland Security Search or Terrorist Watch List
Electronic Right to Work Eligibility Status
Buyers' Guide for Hiring a CRA to Conduct International Background Checks
Useful Websites to Get You Started
Legal Requirement to Work
Chapter 13: Future Trends in Background Screening
The Quest for the Perfect Identifier
Reference Checking Makes a Comeback
Continuous Background Checks
The Background Screening Business Model
International Talent Search
Previously Incarcerated Individuals
Demand for Return on Investment
50-State Compliant Background Check Disclosure and Authorization Forms
Pre-Adverse Action Letter for Applicants
Adverse Action Letter for Applicants
Summary of Your Rights Under the Fair Credit Reporting Act
Notice to Users of Consumer Reports: Obligations of Users Under the FCRA
Obligations of All Users of Consumer Reports
Users Must Have a Permissible Purpose
Users Must Provide Certifications
Users Must Notify Consumers When Adverse Actions are Taken
Adverse Actions Based on Information Obtained From a CRA
Adverse Actions Based on Information Obtained From Third Parties Who are Not Consumer Reporting Agencies
Adverse Actions Based on Information Obtained From Affiliates
Users Have Obligations When Fraud and Active Duty Military Alerts are in Files
Users Have Obligations When Notified of an Address Discrepancy
Users Have Obligations When Disposing of Records
Creditors Must Make Additional Disclosures
Obligations of Users When Consumer Reports are Obtained for Employment Purposes
Employment Other Than in the Trucking Industry
Employment in the Trucking Industry
Obligations When Investigative Consumer Reports are Used
Special Procedures for Employee Investigations
Obligations of Users of Medical Information
Obligations of Users of "Prescreened" Lists
Disclosure and Certification Requirements
Reinvestigations by Resellers
Fraud Alerts and Resellers
Liability for Violations of the FCRA
Appendix B: Survey Results 2005 Background Checking Survey Report Results
PreemploymentDirectory com
Background Screening Research-March 2006
About PreemploymentDirectory com
Preliminary Survey Results
Appendix C: Background Screening Certification Program
Appendix D: Sensitive Jobs Identification Worksheet
Appendix E: Terrorist Search
Preemploymentdirectory com
International Resource Center
Appendix F: GE Candidate Data Protection Standards
Application of Local Laws
Principles for Processing Candidate Data
Purposes and Access for Candidate Data Processing
Special Categories of Data
Security and Confidentiality
Equipment and Information Security
Transfers to Other GE Entities
Transfers to Non-GE Entities
Enforcement Rights and Mechanisms
Communication About the Standards
Modifications to the Standards
Obligations Toward Data Protection Authorities
Rights and Obligations With Respect to Candidate Data Collected Within the EU/EEA and Processed Elsewhere
Appendix H: Continuous Screening Get Support in Implementing a Continuous Post Hire Screening Program
Appendix I: How to Create a Culture of Security Consciousness
The Importance of Security Consciousness
What Do We Mean by Organization Culture?
Five Important Steps to Creating a Security Conscious Organizational Culture
Step 1: Create a Positive Attitude Toward Change
Step 2: Support Employees Developing Openness to New Ways of Doing Things
Step 3: Ensure the Organizational Leadership Believes the Change is the Right Thing to Do
Step 4: Assist Employees in Believing the Change is the Right Thing to Do
Step 5: Engage in Careful Planning and Monitoring of Outcomes That Recognize Both the Human and Business Side of Organizational Change
Background Screening and Investigations
：Managing Hiring Risk from the HR and Security Perspectives
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