PLEASE NOTE: The Hire Authority will be conducting business throughout the COVID-19 (Coronavirus) crisis. Our internal office is staffed with both owners and essential personnel and we also have remote staff workers, so our product (employment screening background checks) will continue without interruption. —  Phil Sharkey, PBSA, LPDAM, The Hire Authority, Inc.
(508) 230-5901 psharkey@hireauth.com / www.hireauth.com

Employees and Business Owners Get Ready to Go Back to Work

Most of the country has reopened or is getting ready to reopen, now that we’ve “flattened the curve” after the COVID-19 (Coronavirus) crisis. In Massachusetts, Governor Baker has outlined a reopening plan and Massachusetts employees and business owners are getting ready to go back to work.

Governor Charlie Baker’s reopening plan provides for businesses and other organizations to reopen, in four phases, between May 18 through the end of June (tentative end date). This includes places of worship; manufacturing; construction; hospitals/community health centers; public transit; personal services like hair salons; laboratories; offices; retail; beaches and parks; day care; restaurants, bars, and hotels; campgrounds; community pools; gyms; museums; sports activities; large venues and nightclubs; and more.

For the complete plan, including guidelines and restrictions visit:
www.mass.gov/info-details/reopening-four-phase-approach

How Does COVID-19 Affect Employee Background Checks?

Many businesses will be hiring new employees, especially restaurants, bars, retail, hotels/casinos, and manufacturing. Many of their employees—waiters/waitresses, cooks, cashiers, janitors, housekeepers, assembly workers, and more—found new jobs during the shutdown.

The hiring process comes with a responsibility to safeguard your business from theft, sexual harassment, drug/alcohol abuse, data fraud/loss, and violence. Applicants desperate to work after the shutdown may increase the potential for fraud. Employee background screening has become more crucial than ever.

A thorough employment background check should include misdemeanor and felony criminal records searches at the county, state, and national levels; sex-offender status searches; Social Security number traces and validations; employment and/or education verifications; professional license verifications; reference checks, credit reports, civil records, motor vehicle records; military records verifications; workers’ compensation history; healthcare sanction checks; and address history checks.

COVID-19 Challenges to Employment Background Screening

According to Alonzo Martinez in a Forbes magazine article, “COVID-19: What Should Employers Consider As They Adapt Their Background Screening Program?”: “Background screening is typically divided into three major components: public records searches, such as a review of criminal and civil records, verifications, like confirming employment and education qualifications, and drug screening. Each segment is affected by the COVID-19 pandemic differently.”

Public Records Searches
Mr. Martinez states: “As of this report (May 15, 2020), over 60% of courts in the U.S. are reporting ‘open,’ meaning that there is no indication or notice of a change in the court’s standard process for fulfilling public records search requests. Approximately 30% of courts report having ‘limited results’ available, with around 10% of courts having closed operations.” Verifications cannot be made if a court is closed.

Verifications
In the article, we find that small and mid-sized employers using traditional methods are unavailable for verification—unlike larger companies using automation. Although potential employees can provide work history data, employers should be wary of accepting unauthenticated documents.

Many educational institutions are closed until Fall or 2021. Smaller institutions are probably unavailable for degree verification—unlike big universities who, like larger businesses, use automated methods. Employers shouldn’t accept unverified education-related documents.

Drug screening
In the COVID-19 era, testing for the Coronavirus should be added to the usual employee drug testing. But is it lawful to check for this? The U.S. Equal Employment Opportunity Commission (EEOC) says yes.

Employers can:
• Ask employees if they have symptoms, if they keep the information confidential;
• Take employee body temperatures;
• Require employees to stay home if they have symptoms;
• Require doctors’ notes from employees returning to work;
• Screen job applicants for symptoms after making a conditional job offer, if this is done for all entering employees;
• Delay the start date of an applicant with symptoms;
• And withdraw a job offer when the applicant should start immediately, but can’t due to symptoms.

Post-employment screening
Some background screening is possible with many courts, employers, and educational institutions open or reopening; some is not as many institutions remain closed or partially open. Many employers are hiring employees with information readily available, planning additional background checks to be done post-employment.

These truncated checks make it especially difficult for businesses working with vulnerable populations. According to SHRM, Melissa Sorenson, executive director for the Professional Background Screening Association (PBSA), “Some of the industries actively hiring during this time are industries working directly with vulnerable persons—industries like healthcare, transportation, and food or grocery delivery—where background checks are a critical safety step in the hiring process.”

Employers who do post-employment background checks MUST BE AWARE OF FCRA COMPLIANCE. While post-employment screening is an option, the FCRA and other state laws require that employers provide disclosure to and receive authorization from individuals undergoing employment background screening. Employers must review these disclosures and determine whether they provide the option for future background checks.

Why Choose The Hire Authority for Background Screening During COVID-19?

It’s important that employee background checks be done by a professional, experienced, and expert team that’s aware of FCRA compliance and other laws with regard to pre- and post-employment checks. The Hire Authority makes sure to keep up to date with all recent legislation and regulation. We are thorough in our screening, providing current and relevant information, and we care about your security.

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

 

IMPORTANT NOTE: To find out everything you need to know about the Coronavirus (COVID-19) please click this link to the CDC: https://www.cdc.gov/coronavirus/2019-ncov/index.html

The CDC site provides all the latest information about symptoms and how to protect yourself, as well as sections for businesses, healthcare professionals, schools, U.S. locations where the virus is most predominant, and more.

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