Archive for May, 2016

Philadelphia’s Revised “Ban on the Box” Law Takes Freedom from Employers

Tuesday, May 31st, 2016

City of Brotherly Love Enacts Sweeping Changes to its Ban-the-Box Law

On December 15, 2015, Philadelphia Mayor Michael Nutter signed far-reaching amendments to the city’s “Ban the Box” law, the Philadelphia Fair Criminal Records Screening Ordinance (“the Ordinance”). In enacting the amendments, Philadelphia joins New York City and New Jersey in requiring that employers remove any questions on job applications related to criminal convictions as well as revise their entire criminal record screening programs. The amendments became effective on March 14, 2016, and apply to all employers in the city — public and private — with 1 or more employees, as opposed to 10 workers in the original law. Employers hiring for domestic services, such as child or elderly care, however, are exempt from this law.

Here are some highlights.

  • Inquiry into criminal background – post offer of employment.
  • Employer can only consider convictions within the last seven years (or release from confinement).
  • Special disclosure is required before obtaining information.
  • If applicant is rejected he/she must be advised as to why and provided a copy of the record.

 

Criminal Charges Resulting from ICE Audits

Thursday, May 26th, 2016

President Barack Obama shifted immigration enforcement policy to crack down on employers rather than undocumented workers.

A lot has changed since President Barack Obama shifted immigration enforcement policy to crack down on employers rather than undocumented workers. Audits of employer I-9 forms increased from 250 in fiscal year 2007 to more than 3,000 annually since 2011. The average number of company owners and managers arrested annually has drastically increased to more than 200 a year for the past four years, according to data provided by ICE (U.S. Immigration and Customs Enforcement).

This is a list of some of those employers who were charged with criminal wrong doing as discussed in Press Releases by ICE: (Cases from 2013 to the present are still under investigation and not included.)

2012
Federal criminal charges have been filed against a Van Nuys manufacturing company in Los Angeles and one of its owners for hiring unauthorized alien workers and repeatedly taking steps to cover up the illegal hiring in an effort to retain the workers.

2011
A series of arrests and search warrants at several restaurants and residences in Maine has resulted in charges against 10 individuals who were taken into custody by special agents with ICE and HSI (Homeland Security Investigations).

A manager at a specialty pallet and box manufacturing company in northwest Detroit was arrested by agents with ICE and HSI on criminal charges of knowingly accepting false documentation in the course of hiring undocumented workers.

2008
A metal fabrication business in Utah was criminally indicted on 10 counts of harboring illegal aliens. The company’s human resources director was indicted for encouraging or inducing illegal aliens to remain in the United States, and subsequently pled guilty.

The married owners a Comfort Inn & Suites hotel in Oacoma, S.D., were sentenced several years in prison each after a federal jury found them guilty of peonage (involuntary servitude), visa fraud, making false statements and conspiracy.

2007
Seven managers were criminally charged with crimes including: knowingly hiring illegal aliens, transporting and harboring illegal aliens, and conspiring to transport illegal aliens. All seven have pleaded guilty and are awaiting sentencing. Five additional managers were indicted in February of 2008 for similar crimes and are awaiting trial.

2015 Deportation (removal) of Illegal Immigrants Overview

  • ICE conducted 235,413 removals.
  • ICE conducted 69,478 removals of individuals apprehended by ICE officers (i.e., interior removals).
  • 63,539 (91%) of all interior removals were previously convicted of a crime.
  • ICE conducted 165,935 removals of individuals apprehended at or near the border or ports of entry.
  • 59% of all ICE removals, or 139,368, were previously convicted of a crime.
  • ICE conducted 63,539 interior criminal removals.
  • ICE removed 75,829 criminals apprehended at or near the border or ports of entry.
  • 98 percent of all ICE FY 2015 removals, or 230,715, met one or more of ICE’s stated civil immigration enforcement priorities.
  • Of the 96,045 individuals removed who had no criminal conviction, 94 percent, or 90,106, were apprehended at or near the border or ports of entry.
  • The leading countries of origin for removals were Mexico, Guatemala, Honduras, and El Salvador.
  • 1,040 individuals removed by ICE were classified as suspected or confirmed gang members.

Source: www.ICE.gov

Ban the Box: Laws Handcuff Employers

Tuesday, May 24th, 2016

Policies prohibit businesses from inquiring about criminal record during initial applicant stages

All across America, more and more cities and states have begun a legislative push toward removing the question, “Have you ever been convicted of a crime?” from job applications. According to an article on openline.com, many of these potential laws will forbid employers from even asking individuals about previous criminal convictions until a conditional offer of employment has been made. The website calls this growing legislative push as the “Ban the Box” movement.

According to NELP.org, nationwide over 100 cities and counties have adopted the “ban the box” type laws forcing employers to consider a job candidate’s qualifications first before looking into the applicants criminal record. These pro-applicant initiatives remove the conviction history question on the job application thereby delaying the background check investigation until later in the hiring process.

In 2012, the federal (EEOC) Equal Employment Opportunity Commission endorsed “Ban the Box” initiatives by stating: Some states require employers to wait until late in the selection process to ask about convictions.

The policy rationale is that an employer is more likely to objectively assess the relevance of an applicant’s conviction if it becomes known when the employer is already knowledgeable about the applicant’s qualifications and experience. As a best practice, and consistent with applicable laws, the Commission recommends that employers not ask about convictions on job applications and that, if and when they make such inquiries, the inquiries be limited to convictions for which exclusion would be job related for the position in question and consistent with business necessity.

There are currently a total of 19 states that have implemented these policies that handcuff employers by removing the conviction record question on job applications for private employers.

The states are listed in alphabetical order:
California (2010), Colorado (2012), Connecticut (2010), Delaware (2014), Georgia (2015), Hawaii (1998), Illinois (2014, 2013), Maryland (2013), Massachusetts (2010), Minnesota (2013, 2009), Nebraska (2014), New Jersey (2014), New Mexico (2010), New York (2015), Ohio (2015), Oregon (2015), Rhode Island (2013), Vermont (2015), and Virginia (2015). Seven states—Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, Oregon and Rhode are considering changes to their “Ban the Box” regulations.

Solution that won’t “Box You In” a Corner
In this constantly changing business world, GSN helps you conduct your background investigations in compliance with current laws and regulations.

GSN Magazine: May 2016 Issue Now Available

Thursday, May 19th, 2016
GSN Magazine May 2016

Click to download this issue

Inside this Issue:

THE LEAD
Ban the Box Laws Handcuff Employers
All across America, more and more cities and states have begun a legislative push toward removing the question, “Have you ever been convicted of a crime?” from job applications.

FEATURE
Criminal Charges Resulting from ICE Audits
A lot has changed since President Barack Obama shifted immigration enforcement policy to crack down on employers rather than undocumented workers.

FOCUS
Philadelphia’s Revised “Ban the Box Law” Takes Freedom from Employers
City of Brotherly Love Enacts Sweeping Changes to its Ban-the-Box Law. On December 15, 2015, Philadelphia Mayor Michael Nutter signed far-reaching amendments to the city’s “Ban the Box” law, the Philadelphia Fair Criminal Records Screening Ordinance (“the Ordinance”).

 

National Institute on Drug Abuse: Public Education Videos Available

Thursday, May 19th, 2016

Several informational videos by the National Institute on Drug Abuse (NIDA) are currently available for viewing. The purpose of the videos is to bring awareness to the science behind the causes and consequences of drug use and addiction, and to apply that knowledge to improve individual and public health. Click below to view the videos online now!

NIDA Videos

 

Click here to find out how Global Safety Network can help your business create and manage its drug free workplace program.

Documentary: FADED Fentanyl’s Impact

Tuesday, May 17th, 2016

FADED is a documentary produced by the University of North Dakota Department of Health and Wellness, that follows four families that have been impacted by the synthetic drug Fentanyl. This video is intended to help inform you about the extreme dangers of Fentanyl, a lethal synthetic drug impacting our community and is resulting in overdoses and death. This is not an issue that is targeting certain socioeconomic classes; it is being abused by a wide range of youth and is easily obtained. Click image below to watch now!

FADED Video

CNN Video: “Prescription Addiction: Made in the USA”

Monday, May 16th, 2016

Video now available – “Prescription Addiction: Made in the USA,” an  “Anderson Cooper 360” town hall special hosted by Anderson Cooper and CNN’s Chief Medical Correspondent Dr. Sanjay Gupta.

CNN Video

Click here to view CNN Story Highlights.

GSN offers a variety of customizable options to help your business create a safer and more productive workplace. Find out more…