2014 San Francisco, CA, passed the Fair Chance Ordinance (FCO)6
for San Francisco City and County. It not only included
a typical “Ban the Box” rule but also created unique rules for what criminal matters an employer can even consider. This means that in California, 57 counties operate less than one set of rules while San Francisco has an entirely different set of rules.
Quality Reporting From Certified and Accredited Firms Companies are seeking Consumer Reporting Agencies (CRAs) with quality controls that support compliance. Is the CRA accredited through the BBB? Are they ISO certified? TRUSTe certified? Are they accredited through the National Association of Professional Background Screeners (NAPBS)? Less than 2% of all CRAs have such accreditation or certifications. It’s not an easy road to achieve such elite status, but it is the recognition of quality that many companies are demanding from their background and screening provider. Background screening firms must adhere to the ever-
evolving regulatory environment. Are they operating within the boundaries of consumer protection/privacy laws such as: Fair Credit Reporting Act (FCRA), Financial Modernization Act of 1999 or Gramm-Leach-Bailey Act (GLAB), Family Educational Rights and Privacy Act (FERPA), Fair Housing Act? There are also many state regulations to follow. Employment laws such as the Americans with Disabilities Act (ADA), or the Equal Employment Opportunity act, must be understood. There are also other laws that impact the screening and job hiring environment such as: The Driver’s Privacy Protection Act (DPPA), USA Patriot ACT, I-9 regulations, DOT rule 49 CFR part 40 for drug screening. Quality background screening also comes from the CRA
knowing where and how to search for criminal records. It’s not an exact science and not all background screenings are alike. The process is subject to human error and there are possible missed records and false positives. And there is a myth that there is a one-source database to provide accurate history of a person. It must be the responsibility of the CRA to know where to find the information to be screened and to involve the human scrubbing process to each and every report.
Is It Worth Adding Background Screening to Your Current Services? Where Do You Go From Here? Adding background screening to the services you provide to your customers could be a great business opportunity for many. There are two directions in which this can be achieved. You can start from scratch and build the screening service by yourself or
14 datia focus
you could “white label” and partner with an existing CRA that has achieved the level of certification and accreditation that you would want to provide your clients. Starting from scratch requires a significant investment in a
technology platform, additional in-house staff, certification and accreditation to ensure quality and compliance with laws and regulation, and connecting with the many different suppliers in government and private. Partnering with an existing CRA requires a small investment
and connection with an organization that has suppliers and processes and compliance all in place. There would be solutions to provide your own branded use of a background screening platform and there would be ongoing support available to you to provide to your expanding customer base. The opportunity to provide background screening along with
drug screening services is one that many consider. The addition of background screening can result in significantly increased sales through current customer relationships and additional new clients as a result of being a full-service screening provider. It does come with it’s own challenges. But after considering doing it from scratch or partnering with an existing CRA, there are significant business opportunities and revenue streams that can be achieved.
References 1
History of the screening industry. NAPBS
https://www.napbs.com/business/ HistoryBackgroundScreening.pdf
2 3 4 5 6
Bureau of Justice Statistics
http://www.bjs.gov/content/pub/pdf/thefwork.pdf SHRM Survey Findings: Résumés, Cover Letters, Interviews 2014.
www.shrm.org American Management Association and US Chamber of Commerce Gurtin vs. Nurse Connection, et. al., 2002
Employment Screening Resources
http://www.esrcheck.com/wordpress/2014/08/13/ban- box-arrives-san-francisco-august-13/
Wallace Davis is the founder, President and CEO of Peopletrail (
www.peopletrail.com), a background check, employment screening, and corporate secu- rity service provider. His experience incorporates a broad range of consulting, and 20+ years of diverse hands-on investigative and entrepreneurial experi-
ence. Wallace has written, been published, and lectured extensively on industry standards, operating procedures, and investigative best practices. Wallace has a master’s degree in business, is a Goldman Sachs 10,000 Small Businesses Program Alumni, and is making an impressive mark in the world of respected business leaders. Under his leadership, Wallace has taken Peopletrail to be one of the larg- est and fastest growing Consumer Reporting Agencies (CRA) in the United States.
Spring 2016
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