Evolution Consulting – Frequently Asked Questions
What are Ban the Box laws?helpdesk2017-05-26T13:57:36+00:00
Ban the Box is the name of an international campaign by civil rights groups and advocates for ex-offenders, aimed at persuading employers to remove from their hiring applications the check box that asks if applicants have a criminal record. Its purpose is to enable ex-offenders to display their qualifications in the hiring process before being asked about their criminal records. The premise of the campaign is that anything that makes it harder for ex-offenders to find a job makes it likelier that they will re-offend, which is bad for society.
What are hiring laws?helpdesk2017-05-26T13:58:19+00:00
- Federal FCRA regulations state that inquiring about past convictions or imprisonment is prohibited and will not be justified by business necessity, UNLESS:
- Conviction or imprisonment occurred within the last seven years; OR
- Conviction or imprisonment reasonably related to job duties
- Federal FCRA regulations state that inquiring about arrests must include inquiry as to whether charges are still pending, have been dismissed, or led to conviction of a crime involving behavior that would adversely affect job performance, and the arrest occurred within the last seven years.
- State requirements for background checks vary in terms of what industry, what sources of information must be checked, which job positions require background checks, and what types of convictions prohibit employment.
- State level FCRA rules restrict reporting periods for convictions, limit arrest reporting, and can even remove restrictions based on annual wage data for the applicant.
What recruitment challenges do companies face?helpdesk2017-05-26T13:58:56+00:00
Multiple facilities/jobs nationwide
- Following Federal/State regulations
- FCRA (15 states have own FCRA rules)
- Ban the Box (30 states with some ban type)
- State-level healthcare regulations
- Consistency in policies & hiring practices
- HR partner oversight of applicant status
- Recruiter involvement and access to results
- Following Federal/State regulations
Multiple and different job positions
- Up to date job descriptions
- Well-defined qualifications (e.g., physical requirements)
- Job postings and application are consistent with job descriptions and qualifications
- Correct checks conducted for each position
Screening requirements
- Pre-hire background checks vs. annual checks
- Drug testing, Immunizations & Physicals/Shots for some positions
- Disqualifying offenses in healthcare
- Understanding hiring laws as they relate to criminal procedure law and penal law (convictions vs. arrests)
Dealing with employee turnover
- Worker’s Comp claims
- Coverage for lost employee (e.g. licensed professionals)
- Other legal issues (negligent hiring, unemployment)
- Must kick-start recruitment process & find applicants, conduct interviews and make the job offer
- Need consent form and FAST screening (BGC, DT, Physical/Shots)
Screening process challenges
- Missing data on job application results in excessive calls/emails and huge delays
- Name at time of graduation
- Name and address of GED school
- Employer addresses & dates of employment
- Direct or agency employment
- Obtaining a signed release form under FCRA
- Some educational and financial institutions need a wet signature to release data
- Delays BGC process by 2 days
- Missing data on job application results in excessive calls/emails and huge delays
Coordination of Drug Testing & Physicals
- No single vendor with all 3 offerings
- Need large, nationwide clinic networks
- DT clinics do not offer physicals; need separate networks
- Timing of ordering (after BGC is completed)
- Scheduling of applicants
- Timeliness of results
- Easy access to results and reporting