With the end of the year approaching, we thought it would be interesting to take a look at the current trends in employee background screening. It’s always helpful to be on top of changes in the employee base and work culture in order to ensure that we hire honest, stable employees with a good work history.

Contingent Employees

The first trend we’re seeing is a shift to contingent employees, those employees who work part-time, contract, temporarily, or remotely. This is due in part to the millennials in the workforce who desire more flexibility and freedom than their parents did, and also to the fact that we’ve become a more transient workforce in general. A study by Intuit predicts that within the year, as many as 40% of U.S. workers could be some type of independent contractor.

Companies must give the same consideration to these workers as they do to full-time employees when it comes to background checks.

Social Media Checks

Another change taking place as a result of a millennial workforce is the inclusion of social media checks in employee background checks. Because this generation lives on social media and tends to post their entire life for all to see, a social media check is a good way to learn about a potential employee.

If a person posts repeatedly that he or she is passed out drunk at a party or bragging about gang affiliations, chances are that they would not be an ideal employee.

Legalization of Marijuana in Many States

This is a sticky subject for HR professionals. 22 states allow the legal use of medical marijuana and 10 allow recreational marijuana, Massachusetts being in both categories. But the federal government still says it is illegal, so employers do have a leg to stand on when it comes to banning marijuana use in the workplace.

But, although a pre-employment screening or after-hire screening may show marijuana use, it is difficult to prove that person is using that specific day because there is no test for that—a test only proves that the person used anytime between one day and three months past.

HR is at a loss as to proof and some have faced lawsuits as a result of not hiring these people.

Continuous Monitoring

As we’ve mentioned in previous blogs, there is a trend toward “continuous monitoring” of employees, the practice of employee background checks post-hire. A pre-employment check will reveal information to date, but what if that employee is arrested after hire for a serious crime like drunken driving or sexual assault?

BUT, although continuous monitoring is recommended by background check professionals as a smart practice that reduces a company’s risk, the Society for Human Resource Management (SHRM) reports that “the trend hasn’t caught on among most companies yet” with “only 4 percent of 6,500 HR professionals saying that their organizations perform continuous, rolling background checks on their employees.”

SHRM found that the “great majority of organizations (92 percent) conduct background checks, mostly at the pre-employment stage (87 percent). Nearly all screens are searches for criminal records (98 percent). Fifteen percent of respondents said they rescreen workers annually, 13 percent perform checks when triggered by an event, and 10 percent screen when someone is promoted or changes jobs.”

Ban the Box Law

Although Massachusetts has had a “Ban the Box” law since 2010, it has received increased attention in the past year. The “ban the box” idea started in California in 2003 to reduce the stigma of those with criminal records applying for work. In 2006, San Francisco was the first city to approve legislation to remove questions of prior arrests and convictions on employment applications.

Secondly, there’s another “ban the box” regarding salary history, targeting pay discrimination by employers who might use information on applications to set compensation.

In Massachusetts, a “reform bill” recently went into effect altering the “Ban the Box” law:

• The five-year period for disclosure of misdemeanor convictions was reduced to three years. Employers may not ask about misdemeanors in which the conviction or completion of incarceration was completed more than three years prior to the date of the employment application.

• Employers are prohibited from asking applicants, either in writing or orally, about a criminal record that has been sealed or expunged.

• When requesting criminal record information from an applicant, employers must now include the following language regarding expunged records:

“An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer ‘no record’ to an inquiry herein relative to prior arrests, criminal court appearances, juvenile court appearances, adjudications or convictions.”

These laws affect hiring of people with criminal records and HR professionals should be well versed about them to assure fair and legal hiring practices. They should also be aware that The Prison Policy Initiative calculated the ex-offender unemployment rate to be 27 percent higher than the total U.S. unemployment rate at any time, including during the Great Depression—so the hiring of people with criminal records is an issue they will be dealing with in all likelihood.

Why Choose The Hire Authority for Your Background Screening?
Be safe, not sorry. At The Hire Authority we have extensive experience and expertise in background screening. We are thorough in our screening of potential employees, which guarantees that you will receive information that is current and relevant. We care about your security and we will work to keep you safe from harm or unnecessary problems.

We’d be happy to answer any questions you may have and give you a quote. Call (508) 230-5901 or visit our website www.hireauth.com.

The foregoing should not be construed as legal advice. Employers should always consult their own legal counsel for advice on labor and employment matters.