What is a Search Engine?

A search engine is a Web site that links to a database of many (okay, many, many) Internet files. These can be Web sites, homepages, gophers, newsgroups, etc. If none of those words mean anything to you, just think, "it's a collection of all the stuff on the Net" and you won't be far off. What makes these sites so great is that they allow you to use their engine (or software program) to search their database. Because the Internet is a cool, chaotic, and quirky collection, search engines are the tools that let you actually find what you're looking for (usually). So what you do is go to one of these sites, type your topic in a little text field, then the engine searches and shows you what it's found. Each of the search engines listed below comes with strengths and weaknesses. You'll end up finding one that you like the best (for your own cool, chaotic, and quirky reasons

Search tips

By default the search engine tries to locate pages which have exact matches for all of the words entered in your search query. If that fails, it then tries to locate pages which contain any words in your search query. If that happens a short message is displayed at the top of the search results indicating this has been done.

In addition, there are several ways to modify the default search behavior.

phrase searchThe search engine supports three types of phrase search.

To match an exact phrase, use quotes around the phraseExample: "free search engine"

To match a near (within a couple of words) phrase, use square brackets [around the words]Example: [free search engine]

To match a far (within several words) phrase, use braces { around the words }Example: {free search engine}

+ and - qualifiersIf you prepend a word with + that word is required to be on the page.If you prepend a word with - that word is required to not be on the page.Example: +always -never
* wildcardIf a query word ends with a * all words on a page which start the same way as that query word will match.Example: gift*

? wildcardIf a query word contains a ? any character will match that position.Example: b?g
boolean searchYou can use the following boolean operators in your search: AND, OR, NOT. These operators MUST be in capital letters.Example: (contact AND us) OR (about AND us) All of these techniques can be combined: +alway* -ne??r*

Protect Your Business from Liability Through Employee Background Checks

According to a number of studies conducted in the human resource industry, inaccurate information or fraudulent claims of competence appear in 80% of all résumés. In addition, few prospective employees will ever volunteer background information about criminal behavior or financial mismanagement. Unless you take steps to check references and verify information, you could be deceived by people you need to trust.

As an employer, you are entitled to know who you are hiring before you tender a job offer. Additionally, you are legally obligated to know the backgrounds of the people you hire. Failure to conduct thorough background checks puts you and your company at risk, creating a negligent hiring liability that can threaten other employees and the future of your business. Many business liability insurance policies do not cover negligent hiring.

During the past year a new type of pre-employment background check called the National Criminal File (NCF) became available. There are 38 to 50 states included, and the number of records in these three NCF databases ranges from 60 million to as many as 133 million. While those numbers sound impressive, any company that utilizes the National Criminal File as their primary means of checking for criminal records should read the fine print.

There are four different kinds of records, all of which are all referred to as "criminal records."

• Arrest Records—law enforcement records of arrests.
• 
  Criminal Court Records—local, state or federal records.
  
• Corrections Records—prison records.
• 
  State Criminal Repository Records—statewide records made up of arrest records, criminal court records and correction records.

This article discusses the differences among these records and how they come into play with the National Criminal File.

Fair Credit Reporting Act and Background Checks

The federal Fair Credit Reporting Act (15 USC §1681 et seq.) does not require employers to conduct employment background checks. But the law sets a national standard that employers must follow in employment screening. State laws may give an employee more rights than the FCRA.

Do I have a right to know when a background check is requested?
Yes. Amendments to the FCRA, in effect September 30, 1997, increase the disclosure and consent requirements of employers who use "consumer reports." Such reports might consist only of a credit check. (See Part 6) More extensive reports might include criminal histories, driving records, and interviews with neighbors, friends and associates.

To be covered by the FCRA, the Federal Trade Commission (FTC) says that a report must be prepared by an outside company -- a "consumer reporting agency" or business that "for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in ... assembling ... information on consumers for the purpose of furnishing consumer reports to third parties." (FCRA §603f)

Under the FCRA, the employer must obtain the applicant's written authorization before the background check is conducted. The authorization must be on a document separate from all other documents such as an employment application. In California, at the time an employer obtains permission for a background check, the applicant or employee should also be told that he or she may request a copy of the report. The FCRA, in contrast, says the subject is entitled to a copy of the report if a pre-adverse notice is given.

Under federal law, if the employer uses information from the consumer report for an "adverse action" - that is, denying the job applicant, terminating the employee, rescinding a job offer, or denying a promotion - it must take the following steps, which are explained further in the Federal Trade Commission's web site, www.ftc.gov/bcp/conline/pubs/buspubs/credempl.htm
Before the adverse action is taken, the employer must give the applicant a "pre-adverse action disclosure." This includes a copy of the report and an explanation of the consumer's rights under the FCRA.

After the adverse action is taken, the individual must be given an "adverse action notice." This document must contain the name, address, and phone number of the employment screening company, a statement that this company did not make the adverse decision, rather that the employer did, and a notice that the individual has the right to dispute the accuracy or completeness of any of the information in the report.

Modified disclosure and adverse action procedures under the FCRA (§604(b)(3)(B)) apply to positions subject to U.S. Department of Transportation (DOT) regulations such as truck drivers. The DOT has independent authority to set qualifications for workers in transportation industries.

Criminal Background Checks

Given the rising crime in our urban areas, property owners must be concerned with introducing a dangerous or undesirable tenant into their building. The proliferation of drugs and gangs in cities throughout the United States has turned once beautiful neighborhoods into blighted and unsafe war zones. As a property owner, you must protect your tenants as well as your investment.

Nearly all criminal records are public. Generally, the easiest access to criminal records is through your tenant screening provider. When ordering your screening report, most companies offer an option of a criminal background check. The response varies from immediate (online) up to a couple of days depending upon the county or state you are pulling records from. Since there is no single source for criminal background checks nationwide, your information provider must access from different depositories throughout the country. Therefore, criminal background checks are usually priced on a per county or per state basis

Before ordering a criminal background on a prospective tenant, it is important that you have sufficiently cross-checked the application. Once you are satisfied that the address history is accurate, you can then request the criminal background from a specific county or state.

Aren't some of my personal records confidential?

The following types of information may be useful for an employer to make a hiring decision. However, under the federal Fair Credit Reporting Act, the employer is required to get your permission before obtaining the records. (See PRC Fact Sheet 11, "From Cradle to Grave: Government Records and Your Privacy,"

Education records. Under both federal and California law, transcripts, recommendations, discipline records, and financial information are confidential. A school should not release student records without the authorization of the adult-age student or parent. However, a school may release "directory information," which can include name, address, dates of attendance, degrees earned, and activities, unless the student has given written notice otherwise.

Military service records. Under the federal Privacy Act, service records are confidential and can only be released under limited circumstances. Inquiries not authorized by the subject of the records must be made under the Freedom of Information Act. Even without the applicant's consent, the military may release name, rank, salary, duty assignments, awards, and duty status. (5 USC §§552, 552a) For more on military records, visit the National Archives

Medical records. In California and many states, medical records are confidential. There are only a few instances when a medical record can be released without your knowledge or authorization. The FCRA also requires your specific permission for the release of medical records. If employers require physical examinations after they make a job offer, they will have access to the results. The Americans with Disabilities Act allows a potential employer to inquire only about your ability to perform specific job functions. (42 USC §12101)

There are other questions such as age, marital status, and certain psychological tests that employers cannot use when interviewing. These issues are beyond the scope of this fact sheet. If you have further questions, contact the resources at the end of this fact sheet. The federal Equal Employment Opportunity Commission and the fair employment agencies in the states handle these issues.

Background checks gaining

Businesses that hire employees without screening them are vulnerable to all kinds of problems, ranging from lawsuits to bankruptcy.

"Past behavior is usually a good predictor of future behavior," said Kevin Klimas, founder of Clarifacts, a Phoenix-based company that specializes in pre-employment background checks.

Klimas spoke to business owners at a recent Arizona Small Business Association seminar.

"If an employee was dishonest at their last job, that's a pretty good indicator of what they'll be like at your company."

Klimas cited a local family owned company that had been doing business for four generations. The company failed to do a background check on a recent hire and discovered some time later that the employee had stolen $1 million from it, which immediately put it out of business.

Had the company done a thorough background check on this employee, Klimas said, it would have discovered that he had a history of stealing from employers.

Klimas said more companies are using pre-employment background checks as a way of uncovering such indiscretions as dishonesty on a resume or having a criminal history.

He said companies should always screen potential employees after extending a conditional offer of employment but before officially hiring them.

The most important benefit of a background check, Klimas said, is that it can help a company avoid the risk of trouble and even negligent-hiring lawsuits, in which employers can be held liable for the unlawful or improper actions of their employees if it can be shown they did not make reasonable inquiries into their background.

"These lawsuits are becoming very frequent and costly," he said. "It's easy for one employee to take out an entire small business, so background checks aren't a luxury, they're a necessity."

Les Rosen, co-chairman of the board for the National Association of Public Background Screeners, a non-profit organization that helps establish industry guidelines, said it is difficult to track how frequent and costly these lawsuits are. But he added that he has seen a marked increase over the past several years.

"Negligent-hiring lawsuits is one of the fastest-growing areas of civil litigation," said Rosen, a former lawyer who is frequently called as an expert witness in such cases. "In the years I've been in business, there's been a dramatic increase simply because employers are being held more accountable."

Rosen, president and chief executive of San Francisco-based Executive Screening Services, said he has seen jury awards of more than $3 million.

Who Conducts Background Checks?

There are many companies that specialize in employment screening. It is outside the purpose of this fact sheet to identify background checking companies by name. The most important thing to keep in mind is that companies conducting background checks fall into several broad categories. This can range from individuals commonly known as "private investigators," to companies that do nothing but employment screening, and to online data brokers.

Corporations that employ large numbers of people may have an established relationship with a third-party background checking company or may even use an affiliated company for their employment screening. Other background checking companies may work on a less formal basis with employers. There are about several companies that conduct employment screening and thousands others nationwide, including private investigators.

With the information age upon us, it is easy for employers to gather background information themselves. Much of it is computerized, allowing employers to log on to public records and commercial databases directly through dial-up networks or via the Internet. Finding one of these online companies is as easy as using an Internet search engine to find web sites that specialize in "background checks." Employers should beware of companies advertising on the Internet that they can "find everything about anyone." They are not necessarily going to be in strict compliance with federal and state laws, especially the provisions that require accuracy of background check reports.

Why Does an Employer Conduct a Background Check?

Employers check potential and current workers for several reasons. The things an employer wants to know about you can vary with the kinds of jobs you might seek. Here are a few of the reasons for employment screening.

Negligent hiring lawsuits are on the rise. If an employee's actions hurt someone, the employer may be liable. The threat of liability gives employers reason to be cautious in checking an applicant's past. A bad decision can wreck havoc on a company's budget and reputation as well as ruin the career of the hiring official. Employers no longer feel secure in relying on their instinct as a basis to hire.

Current events have caused an increase in employment screening.

Child abuse and child abductions in the news in recent years have resulted in new laws in almost every state that require criminal background checks for anyone who works with children. The move to protect children through criminal background checks now includes volunteers who serve as coaches for youth sports activities and scout troop leaders.

Terrorist acts of September 11, 2001, have resulted in heightened security and identity-verification strategies by employers. Potential job candidates and long-time employees alike are being examined with a new eye following September 11, 2001.

Corporate executives, officers, and directors now face a degree of scrutiny in both professional and private life unknown before the Enron debacle and other corporate scandals of 2002.
False or inflated information supplied by job applicants is frequently in the news. Some estimates are that 30% to 40% of all job applications and resumes include some false or inflated facts. Such reports make employers wary of accepting anyone's word at face value.

Federal and state laws require that background checks be conducted for certain jobs. For example, most states require criminal background checks for anyone who works with children, the elderly, or disabled. The federal National Child Protection Act authorizes state officials to access the FBI's National Crime Information Center (NCIC) database for some positions. Many state and federal government jobs require a background check, and depending on the kind of job, may require an extensive investigation for a security clearance.

The "information age" itself may be a reason for the increase in employment screening -- the availability of computer databases containing millions of records of personal data. As the cost of searching these sources drops, employers are finding it more feasible to conduct background checks.

I don't have anything to hide. Why should I worry?

While some people are not concerned about background investigations, others are uncomfortable with the idea of an investigator poking around in their personal history. In-depth background checks could unearth information that is irrelevant, taken out of context, or just plain wrong. A further concern is that the report might include information that is illegal to use for hiring purposes or which comes from questionable sources.

Tips For Better Background Checks

Get Complete Information From Your Applicant. A background check will be based in part on the information provided by the applicant. If necessary information is left out - such as which campus of a state university was attended, or the city where they last worked - the turnaround time can be adversely affected.

Order An Address History Search. This search serves as the foundation of a thorough background check. By identifying the applicant's residency history, other searches such as County Criminal Records and Driving Records can be conducted in the proper locations.

Compare Background Check Results. Compare the address history provided on the candidate's application with the search results. If there are inconsistencies, ask the applicant for an explanation.

Include Work Locations. People spend a lot of time at work or in the area of their employer, so consider a County Criminal History search in this area as well if it differs from the applicant's Address History.

Credit Checks for Employment. Credit History Reports for employment purposes are different than those obtained for credit-granting purposes. The reports for employers have the individual account numbers screened out or altered (a fraction of it may appear or be substituted). Using a standard credit report for employment purposes is a violation of the FCRA.

Background Check Information

What's included in an employee background check? The Fair Credit Reporting Act (FCRA) sets the standards for screening for employment. The FCRA defines a background check as a consumer report. Before an employer can get a consumer report for employment purposes, they must notify you in writing and get your written authorization. If the employer is simply conducting inquiries (rather than running reports) they should also ask for your consent. That way you could withdraw your application if there is information you would rather not see disclosed.

If an employer decides not to hire because of this report, they must give you a pre-adverse action disclosure that includes a copy of the report and a copy of your rights. They must then give you notice that they have decided not to hire you and let you know the name and address of Consumer Reporting Agency and information on your right to dispute the report.
At a minimum, a background check willverify your social security number. At most, it can include an analysis of your work history, the people you know, along witha full credit report. It can also include your credit payment records, driving records or criminal history. The inquiries should be related to the job. For example, if you are hired to work in a bank, it would be reasonable to find out if you have a history of embezzlement or theft.

Background Check Privacy
What can't be included in a background check? Thereis some information that cannot be disclosed under any circumstances. School records are confidential and cannot be released without the consent of the student. You cannot be discriminated against because you filed for bankruptcy, however, bankruptcies are a public record, so, it is easy for employers to obtain the information. Laws vary on checking criminal history. Some states don't allow questions about arrests or convictions beyond a certain point in the past. Others only allow consideration of criminal history for certain positions.

Employers cannot request medical records and may not make hiring decisions based on an applicant's disability. They may only inquire about your ability to perform a certain job. The same holds true for Worker's Compensation. The military can disclose your name, rank, salary, assignments and awards without your consent. Driving records are not confidential either and can be released without consent.

Employment Background Checks

Whether you are hired or promoted for a job may depend on the information revealed in a background check. Job applicants and existing employees as well as volunteers may be asked to submit to background checks. For some jobs, screening is required by federal or state law. The current emphasis on security and safety has dramatically increased the number of employment background checks conducted.

In short, employers are being cautious. At the same time, applicants and employees fear that employers can dig into the past in ways that have nothing to do with the job.

New Blog

This is a new Background Check blog.