BACKGROUND CHECKS & JOBS 1825 SW Broadw ay 1825 SW Broadw ay - PowerPoint PPT Presentation

BACKGROUND CHECKS & JOBS 1825 SW Broadw ay 1825 SW Broadw ay M343 Smith Memorial Student Union M343 Smith Memorial Student Union 503.725.4556 503.725.4556 w w w.pdx.edu/sls w w w.pdx.edu/sls

Areas of Investigation and Issues Presented As many as 47% of employers were checking credit reports in 2009, up from 19% in 1996

FIVE TYPES OF BACKGROUND CHECKS • Criminal Background • Work History and Credential Verification • Employment Eligibility • Credit Report • Drug Screening

CRIMINAL BACKGROUND ALCOHOL USE • Underage drinking, false ID, aiding and abetting underage drinking (i.e. hosting a party with alcohol infractions)

CRIMINAL BACKGROUND DRUG USE • Possession of illegal drugs, drug paraphernalia, or prescription drugs without a doctor’s authorization; manufacturing or selling illegal drugs (determined by amount rather than intent to sell)

CRIMINAL BACKGROUND THEFT/LARCENY • Shoplifting, credit card fraud, property theft (i.e. road signs or symbols of a rival fraternity or college); employee theft

CRIMINAL BACKGROUND ASSAULT • Fighting, domestic violence (applies to any current or former romantic relationship), date rape

CRIMINAL BACKGROUND DRIVING RECORD • Driver’s license suspended or revoked, driving under the influence (DUI), driving while intoxicated (DWI), traffic violations

CRIMINAL BACKGROUND OTHER • Violation of noise ordinance, hazing, public intoxication, disorderly conduct, indecent exposure (public urination), stalking

PROBLEMS: WORK HISTORY AND CREDENTIAL VERIFICATION EDUCATION • Degree not completed as claimed or institution is a “diploma mill” • Honors claimed falsely or GPA inflated • Inaccurately reporting major and/or minor

PROBLEMS: WORK HISTORY AND CREDENTIAL VERIFICATION EMPLOYMENT • Exaggerated level of job responsibilities • Inaccurate job title

EMPLOYMENT ELIGIBILITY VERIFICATION • Not a U.S. citizen, permanent resident, or sponsored by an employer for a work visa • Ineligible to work in the United States

EMPLOYMENT ELIGIBILITY VERIFICATION • Lack of U.S. citizenship • Ineligible for positions requiring security clearance (such as federal employer or defense contractor)

CREDIT REPORT FINANCIAL IRRESPONSIBILITY • High indebtedness due to living beyond means; high debt to income ratio (credit card charges, not student loans) • Filing bankruptcy or failing to comply with terms of credit agreement (such as a pattern of late payments)

DRUG TESTING • Five ‐ panel test of “street drugs” (marijuana, • Urine Test cocaine, PCP, opiates, and amphetamines) OR • Ten ‐ panel test, which also checks for commonly abused prescription drugs Most drugs can be detected within two to four days of use and up to 14 days after heavy use of marijuana or PCP • Detects drugs for up to 90 days after use • Hair Test

SOME FACTORS CONSIDERED BY EMPLOYERS • The seriousness of the offense • How recently it occurred • Whether you followed through with orders of the court • Extenuating circumstances ( IF the employer asks for details) • Whether there is a pattern of deception or irresponsibility • Whether the offense demonstrates unsuitability for a specific job opening

SO YOU HAVE A CONVICTION. . . . WHAT NOW? • Are you eligible to expunge ? Many jurisdictions do not allow for expungment of a conviction. How many of your states do? In Oregon, the courts look at a 10 ‐ year period to • determine eligibility for expungment . If you have one conviction in the last ten years, and that • conviction is at least three years old, you may be eligible to expunge. If you have more than one conviction in the last ten • years, you must wait until the most recent conviction is over 10 ‐ years old.

WHAT TYPES OF CONVICTIONS CAN BE EXPUNGED? •In general, any class C felony, misdemeanor, or violation can be expunged except: • Sex crimes • State or municipal traffic offenses • Criminal Mistreatment 1 st Degree, when child abuse • Endangering the Welfare of a Minor, when child abuse

WHAT TYPES OF CONVICTIONS CAN BE EXPUNGED? If you are not sure whether your conviction qualifies to be expunged and are a PSU student, please contact Student Legal Services to schedule an appointment. If you are not a student, our website has links to other community resources that can help. There are many exceptions, so please consult with an attorney if you think you may not be eligible and would like to double check.

EXPUNGMENT: WHAT’S THE CATCH? • It is ultimately up to a Judge to sign an Order requiring the Court clerks to seal your record. Some violations, if criminal in nature, (examples include • possession of less than an ounce of marijuana and non ‐ payment of Tri ‐ met fare) can impact expungment eligibility despite the fact that they are not commonly viewed as “criminal.” • SLS does assist with expungment free of charge, but there are some costs to the expungment process. These include court filing fees, fingerprints, and an $80 fee which is paid to the prosecuting attorney’s office. These costs can add up to nearly $300 in cases where an individual is not approved for a waiver of court fees.

The Fair Credit Reporting Act (FCRA) 15 U.S.C. § 1681 • Creates duties for Credit Reporting Agencies (CRA’s) • Credit Reporting Agencies Include: Equifax Transunion Experian • These reporting agencies monitor your credit report and FICO score and release this information to potential creditors, landlords, potential employers and a myriad of other people who may seek your credit information legitimately. • Also covers reporting agencies like OPENonline that conduct criminal background checks

The Fair Credit Reporting Act (FCRA) The consumer report cannot include the following: • Bankruptcies after 10 years • Civil Suits, Civil Judgments, & Arrest Records after seven years • Paid Tax Liens after seven years • Accounts placed for collection after seven years • Any other negative information (except criminal convictions) after seven years

The Fair Credit Reporting Act (FCRA) • An employer may use an outside agency called a “Consumer Reporting Agency” to conduct background checks for “Employment Purposes” “Employment purposes” are broadly defined to mean evaluating a consumer for employment, promotion, reassignment, or retention as an employee. The definition has been expanded to include employers who are even considering the possibility of actions such as termination. § 1681a(h) • Certain employee misconduct and compliance investigations are excluded from the definition of a consumer report and are provided more limited protection. § 1681(d)(2)(D), § 1681a(x)

The Fair Credit Reporting Act (FCRA) 15 U.S.C. § 1681 The Fair Credit Reporting Act (FCRA) regulates the actions of Consumer Reporting Agencies who provide consumer reports to employers, but it does not regulate the actions of in ‐ house background checks by employers.

The Fair Credit Reporting Act (FCRA) 15 U.S.C. § 1681 There are several notice and procedural requirements related to the permissible use of consumer reports in connection with employment. 1. The Employer Must Provide Prior Certification The employer must certify to the CRA that it has advised you that it will be requesting a report, that you have consented in writing to the release, and that the employer will make certain disclosures if adverse action is or will be taken based in whole or part on the report. § 1681 b(b)

YOUR RIGHTS UNDER FCRA 2. The Employer Must Obtain Your Consent The employer must obtain your consent in writing before they conduct background checks through an outside agency. § 1681 b(b)(2)(A). Note: If you are applying for a position over which the Secretary of Transportation has the power to establish qualifications and hours of service or a position subject to safety regulation by a State transportation agency, the employer must provide oral, written, or electronic notice that a consumer report may be obtained for employment purposes, together with a summary of the consumer’s rights under § 1681 (b)(2)(B)

YOUR RIGHTS UNDER FCRA 3. The Employer Must Provide Notice to You Before it Takes Adverse Action Against You “Adverse action” is defined as “a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee.” § 1681 a(K)(1)(b)(ii). If the employer uses information from the consumer report to • deny your application • terminate your employment • invalidate a job offer or • deny a promotion You must be given a “pre ‐ adverse action disclosure” before these actions are taken which includes a copy of the report and explanation of rights.

YOUR RIGHTS UNDER FCRA (cont.) Under 15 U.S.C. § 1681 b(3)(A), the “pre ‐ adverse action disclosure” must include: “[I]n using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates: (i) a copy of the report; and (ii) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681 g(c)(1) of this title.”