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USA Operations Centers Background Checks May 2017
As this policy is reviewed, please refer to the State Exceptions Guide for which exceptions exist.
Conducting background checks on applicants for operations employment is an important part of Joyner’s job offer process. A background check verifies the accuracy of certain information provided on the application and during the interview. It also provides additional information which allows Joyner to make a more fully informed decision.
Background checks are initiated on specified applicants by the Human Resources Department once a conditional offer of employment has been extended. The depth and scope of the background check should be based on the position for which the applicant is being considered.
When it is not reasonably possible to complete a background check prior to the final job offer, Human Resources may approve the hiring of an applicant based on the available information. Continued employment should be contingent upon a satisfactory background check, but the applicant may begin employment. The offer of employment should expressly state that continued employment with Joyner is conditioned upon an acceptable background check. Human Resources should evaluate the background check as soon as it is available. The information may result in a termination.
Timing The background check report should be obtained within 90 days of the anticipated start date.
Example: In September, the hiring management wants to extend a job offer to a college senior who is scheduled to graduate in May. It would not be practical to conduct a background check in September because a background check should be completed within 90 days prior to the anticipated start date. Accordingly, we can extend the job offer and the background check and drug screen can be conducted 90 days prior to graduation in May.
Rehires within 90 days after the date of termination do not need to complete a background check. If it has been greater than 90 days since the date of termination, a background check should be completed.
Seasonal Hires & Minors Background checks should be conducted on all college interns and any seasonal or vocational student age 18 or older. In the case of high school cooperative students and those applicants under the age of 18, a background check will also be conducted but a parent or legal guardian will be asked to authorize a consent to order the minor’s background check. Depending on job duties, the background check may also include employment verification, credit history and motor vehicle record.
See Notification and Authorization on parent or legal guardian authorization.
Internal Transfer Background checks on current employees are generally not required; however background checks may be conducted on an employee transferring to a new position due to the nature of the position.
When a background check is required for an employee transferring to a new position through the Career Center, the background check may be initiated by Human Resources.
When a background check is required for an employee transferring to a new position through the Leadership Development program or Temporary Work Assignment (TWA), the background check may be initiated by Human Resources.
When a background check is required for an employee transferring to a new position and one has been completed in the last 90 days, the results of that report may be used.
Evaluation Human Resources Employee Care (HREC) reviews all the background check information and determines if it Meets Company Standards (acceptable) or Does Not Meet Company Standards (not acceptable).
Background Check – Applicants & Employees The extent of the background check is based on the nature of the job, and may include any or all of the following elements:
Criminal History Federal district, county and state levels
Education Verification
Employment Verification
Financial Industry Regulatory Authority – Central Registration Depository (FINRA-CRD) Check
Motor Vehicle Record (MVR)
Office of Foreign Assets Control (OFAC)
Personal Credit (For certain positions only: those requiring securities registration; executive positions, financial services positions etc..)
Professional Licenses Report
Prohibited Parties Search
Social Security Number Validation & Trace
Background Check – Executive and Select Positions
All senior leadership and other select positions are subject to a background check every three years in the following roles.
Background Check Components
Criminal Record Federal law limits the ability of Joyner to employ any person convicted of a felony or misdemeanor involving dishonesty, breach of trust, or money laundering (including the manufacture, sale, distribution of or trafficking in controlled substances) or who has agreed to enter into a pretrial diversion or similar program in connection with the prosecution of such an offense without the prior written consent of the appropriate regulatory authorities.
The criminal record checks federal and state or county felony and misdemeanor records.
See Criminal Convictions policy for additional information.
Social Security Number Validation and Trace Social Security Number Validation and Social Security Number Verification assist in revealing names associated with SSN as well as past and present addresses.
Office of Foreign Assets Control (OFAC) The Office of Foreign Assets Control (OFAC) of the US Department of Treasury administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States.
Prohibited Parties Search A prohibited party is defined as: specially designated nationals, terrorists, narcotics traffickers, blocked person and vessels and parties subject to various economic sanctioned programs who are forbidden from conducting business in the United States as well as entities subject to license requirements because of the proliferation of weapons of mass destruction.
Motor Vehicle Record (MVR) The Motor Vehicle Record should be checked in the state where the applicant currently resides. It may also be checked in the state where he or she previously resided if the applicant has recently moved. Human Resources should verify the applicant will be driving within the job before requesting an MVR.
If an employee is under consideration for a position that requires driving as part of the job duties, an MVR should be obtained if:
The employee is moving to a driving job, AND
An MVR has not previously been obtained within the last 90 days.
NOTE: This includes employees currently in a driving job moving to a driving job.
See Valid Driver’s License Requirements policy.
For positions requiring commercial driving as defined by the Federal Motor Carrier Safety Act (FMCSR), Human Resources should follow the background check procedures outlined in the Commercial Driver DOT policy.
Commercial drivers are required to obtain a Medical Examiner’s Certificate before the final job offer is confirmed. Therefore, in order to comply with the Americans with Disabilities Acts (ADA) background checks for commercial driver applicants must be obtained and reviewed prior to extending a job offer. In compliance with ADA, all available non-medical information must be obtained and reviewed prior to the job offer. The job offer can only be contingent on the medical information.
Personal Credit A consumer credit history will be run for certain operations positions (those requiring securities registration, executive positions and Financial Services positions. Any relevant credit information will be reviewed by the HR Employee Care background check team to determine an applicant's suitability for employment.
Applicants have the right to place a "security freeze" on their consumer report, which prohibits a consumer reporting agency from releasing information on a consumer report without authorization.
Bankruptcy filings are protected under Chapter 11, United States Code, Section 525. The bankruptcy code provides that no private employer may terminate the employment of an individual, or discriminate against an individual solely because the debtor has filed a petition for relief under the code. However, patterns of financial mismanagement occurring before or after a bankruptcy may be considered.
Red Flag and Address Discrepancy Regulations Federal legislation known as the “Red Flag Regulations” are intended to help prevent identity theft. Notice of address discrepancy is when the address the applicant provides Joyner is different than what was provided by the consumer reporting agency.
HR Employee Care reviews all background check information and evaluates whether an address discrepancy red flag was noted on the consumer report.
Requirements and Procedures
Notification and Authorization Applicants for employment must electronically sign the Consumer Disclosure and Authorization Form on the vendor’s website before a background check may be started. The consent form also serves to notify the applicant of our intent to order a background check.
The Consumer Disclosure and Authorization Form has to be completed and signed by the applicant/employee any time a new background check or component is requested through the vendor.
All applicants under the age of 18 will be required to provide name and email address of their parent or legal guardian when they are submitting a consent form. The vendor’s background check system will then send an invitation to the applicant’s parent or legal guardian authorizing consent to order the minor’s background check. The applicant’s consent will not be submitted until parental consent is obtained.
Note: Under California, Minnesota and Oklahoma law, applicants have the right to receive a free copy of their consumer report (with the exception of reports obtained in the course of an internal investigation).
If a California, Minnesota and Oklahoma applicant checks “YES” regarding the consumer report and they currently reside in that state, the consumer reporting agency will send a copy of the report directly to the applicant, along with information on how to contact the Consumer Reporting Agency.
Release of Information It is the policy of Joyner that personal information regarding our customers and applicants for employment remain confidential at all times. There are few, if any, legitimate reasons for Joyner to re-disclose that information outside of the Company.
Legislation References
Americans with Disabilities Act (ADA) In order to comply with the Americans with Disabilities Act (ADA), job offers that are contingent upon medical reviews must be "bona fide job offers", meaning that all other relevant, non-medical information - such as background checks - must be obtained and reviewed prior to extending the contingent job offer.
Therefore, for positions requiring medical review (forklift operators, company pilots, commercial drivers, etc.), the background check should be initiated, evaluated and approved prior to extending the job offer. If the background check is acceptable, the job offer may be extended contingent upon successful completion of the medical review and drug screen.
Fair Credit Report Act (FCRA) The FCRA is a federal law that regulates the collection, dissemination, and use of consumer information, including consumer credit information obtained from a consumer reporting agency. The FCRA applies to on-board employees as well as individuals who are seeking employment.
As an employer, Joyner is required by the FCRA to:
Notify the individual of our intent to order a background check report
Obtain the individual's authorization to request the report.
Give the individual advance notice of the potential for an adverse action based on information contained in the background check and a copy of the report.
Drivers' Privacy Protection Act The Drivers' Privacy Protection Act (DPPA) is a federal anti-stalking law and is applicable to Joyner locations in the United States only.
Prohibitions Personal information obtained from motor vehicle records may not be re-disclosed to anyone outside of Joyner unless that person has a need, which is allowed for by the Act. Protected information is defined as any information that identifies an individual specifically including the applicant's:
Name
Social Security Number
Driver Identification Number
Photo
Address
Phone number
Medical or disability information
Information from auto accidents, moving (driving) violations and driver's status is not considered protected information.
Not Applicable
Not Applicable
Human Resources advises the applicant that we may conduct a background check on him or her as part of the selection and hiring process.
Management advises the Human Resources Department of the applicant(s) they wish to make a job offer to.
If the job does not require a medical review, Human Resources may extend a job offer contingent on an acceptable background check report. If the job requires a medical review, Human Resources should request and evaluate the background check prior to extending any job offer.
Human Resources will begin the background check process by completing the Pre-employment Check request.
HR Employee Care reviews all background check information and evaluates whether the report Meets Company Standards (acceptable) or preliminarily Does Not Meet Company Standards (unacceptable). Once the background check report is completed and reviewed by HR Employee Care, an e-mail will be sent to the recruiter from HR Employee Care acknowledging an acceptable or potentially unacceptable background check. If the background check is preliminarily unacceptable/Does Not Meet Company Standards, the background check report will accompany the e-mail to the recruiter.
Human Resource Employee Care (HREC) Role
HREC works with the background check vendor to obtain the background check report.
When the background check is complete, HREC reviews the report and determines if it is Meets Company Standards (acceptable) or preliminarily determines the report Does Not Meet Company Standards (unacceptable).
If the background check is acceptable/Meets Company Standards, an e-mail will be sent to the recruiter.
If the background check is preliminarily determined to be unacceptable/ Does Not Meet Company Standards, the background check report will accompany the e-mail to the recruiter.