The dilemma of volunteer background checks
The Red Cross recently made a public relations error. In the wake of fraudulent activity connected with Hurricane Katrina, they decided to implement a background check for all of their volunteers. Their background check release form, however, went beyond the standard waiver to examine criminal records. It included permission to pull credit reports as well. Not surprisingly, many people felt that this was very intrusive and the Red Cross ultimately removed references to credit reports from its release form.
How did the Red Cross make such a mistake? Apparently they had been considering using background checks since 2004. Like many organizations, they did not appreciate the subtleties involved in volunteer background checks. By their nature, background checks have the potential to be perceived as invasive. Since volunteers are donating time and energy to the organization, they can resent these safeguards unless they are properly introduced. Credit reports, as we explained in an earlier post, should be used sparingly. Finally, some consideration must be given to payment — who will bear the cost? Most people will not enjoy paying for the right to volunteer.
There are many valid reasons to run background checks on volunteers. When people are working with children or the elderly, or entering other people’s homes, it is valid to consider the safety of the community being served. Sad to say, volunteering to help in a disaster area can […]
Background checks, custody battles, and Anna Nicole Smith
Since Anna Nicole Smith’s death, a firestorm has broken out over her seemingly drug-related death, and custody of her child. Where there is money, there are lawyers, and many allegations of criminal activity have been made. In the latest round, the social services department has ordered a background check on Anna’s mother as well as two former boyfriends, all of them laying claim to the wealthy baby.
Anna Nicole Smith spent much of her life in court, and it seems the pattern is likely to continue for her child. Smith was known to associate with some interesting characters, so the odds are that the background checks will turn up a few tidbits. There have also been questions raised about the doctors who provided the drugs. It is fair to say that most would not have expected a background check on the judge to turn up anything — but Judge Korda became part of the drama, caught smoking dope in a park.
Celebrity antics aside, using a background check as part of a custody battle is nothing new. It is very common for a soon-to-be-ex-spouse to run one in an attempt to discredit their partner’s parenting ability. If there are no pre-existing criminal records, there may be attempts to make new ones through fresh allegations. The most powerful, if it can be made to stick, is a charge of sexual abuse — that will affect custody most directly. Anyone going through a custody dispute […]
Green is for sex offender
Pity the poor sex offender. They have to register their address, can’t live near schools and playgrounds, and their names are available for all to see at the national sex offender registry. And now, things are about to get worse. Ohio is considering a bill that would require sex offenders to put flourescent pink license plates on their cars. Apparently, this is not as original as I first thought. Drunk drivers in many states are required to have special colors on their license plates as well. But Ohio would be the first to have them for this particular type of criminal. On the theory that “your car is your office” for many sex offenders, they hope to make it harder for them to operate.
Ohio tried to pass a similar bill a few years ago but failed, partly because that version failed to distinguish between violent sex offenders and those who wound up on the list for consensual underage romance (16-year-old boy plus 15-year-old girl can get the boy on the database). They also aimed for pink that round, predictably upsetting everyone who sponsors breast cancer research.
It is hard to feel any sympathy for s.o.’s, particularly if they are of the violent strain. One wonders, though, if we wouldn’t be better off just tatooing it on their foreheads, that way they could be identified everywhere, and it would cost less. The problem with a car is that other people […]
Keeping the world safe for internet dating
Overlawyered.com recently described a New Jersey bill which would require internet dating sites to post prominent notices regarding criminal background checks for their members. The sites are required to post in 12-point type whether or not they have done a background check on their users. If the site has run the criminal checks, they are then required to post numerous disclaimers that it doesn’t really mean anything because their background checks are seriously flawed. Either way, not meant to give a potential dater a warm and fuzzy feeling.
It is a little amusing to see how this is turning out, after knowing how it started. A few years ago, True.com acquired exclusive rights to technology to determine if members were single. They combined this with a criminal background check to promote their service as the best place to find an eligible partner. Having established this competitive differentiator — and paying quite a lot to do so — they decided that the best way to capitalize on it was to force other dating sites to show that they didn’t take as much care. True.com CEO Herb Vest began a personal crusade to lobby state legislatures regarding mandatory notification. In fairness it must be said that he appears to have some non-monetary motives, but the move was widely interpreted as a form of marketing and was opposed by the industry, which did not see this as likely to increase sales. […]
The Google background check
Traditional criminal checks have protections for employees built-in to the system, courtesy of the Fair Credit Reporting Act (FCRA). State laws also serve to protect the subjects of employee background checks. Some criminal records dog job candidates longer than they would like, but at least the person is notified about the problem, and there are mechanisms for correcting inaccuracies. But in the Internet era, employers are increasingly using sites such as Google and MySpace to vet potential employees. What are the implications?
It is easy to see why the Google background check is so popular. It is free, instant, and can provide an insight into someone’s character in a way that an interview never would — after all, most interviews will not include details of bar hopping and sexual escapades. Criminal records may occasionally show up online, but the data found is often going to be from social networking sites. If someone posts data on themselves, through a public profile or blog, it is fair to expect that others may be looking. The situation gets murkier when third-parties post derogatory comments. It can difficult or impossible to prosecute an anonymous poster. Many web sites have recognized that the road to popularity is best reached by encouraging angry or pornographic screeds, and the reputational damage can be very real. The Washington Post recorded a striking example of this recently, where a top law student was denied […]
What are the legal requirements for a nanny background check?
If you are a consumer, as opposed to a business owner or human-resource professional, you probably do not run background checks very often. Maybe to check out a boyfriend, or a self-check prior to interviewing for a job. These are all casual searches that do not affect someone else’s job, credit, or housing. The Fair Credit Reporting Act (FCRA) doesn’t apply, and there are few legal issues involved.
But the rules are different for nanny background checks. In hiring someone to look after your children, you will almost certainly want to run a criminal check, and maybe a driving record check as well. But now, you are a potential employer. What is the difference?
First, you should use an employment screening website, such as SentryLink, that is truly FCRA compliant — many are not. You must obtain a signed release from your babysitter before running the background check. If you find something in the background check that would prevent you from hiring or retaining her, you must notify her of that fact and give her a copy of the background report, along with the FCRA summary of rights. She may want to dispute the results of the report directly with the source that provided it, which is why an FCRA compliant provider is important.
As an employer, you will need to follow the rules given by the FCRA for employers. For full details, including a link to a