Canadian HR Reporter

September 19, 2016

Canadian HR Reporter is the national journal of human resource management. It features the latest workplace news, HR best practices, employment law commentary and tools and tips for employers to get the most out of their workforce.

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CANADIAN HR REPORTER September 19, 2016 FEATURES 33 SCREENING Understanding global screening Weighing availability of information and compliance concerns against issues around costs and turnaround time By Iain Murray H iring candidates who work or pre viously worked in other coun- tries adds a layer of complexity and mystery to criminal record checks. Compliance with for- eign privacy laws, the type of information available, budget, turnaround time and how to interpret results are all key con- siderations for most recruiters. For example, one Canadian orga- nization historically sent candi- dates to the local police to obtain a criminal record check — a typical scenario for employers as police services can provide a compre- hensive, nationwide search sup- plying an organization with all the information it desires. While this process is complete- ly acceptable for Canadian ap- plicants, it is not necessarily best practice in other countries, as this organization discovered when it was looking to hire an individual from the United States. Similar to the Canadian ap- plicants, the company asked the American to obtain a criminal re- cord check from local authorities. e applicant happily obliged and provided a "clear" result from his local county. Assuming it was a comprehen- sive, nationwide search — as it would be in Canada — the orga- nization looked to place the ap- plicant. ankfully, someone also Googled the applicant's name pri- or to off ering him a position work- ing with children and uncovered many news articles naming the applicant as a sex off ender. Confused, the company learned the United States' process for ob- taining a comprehensive criminal record check diff ers greatly from Canada. It is imperative for employers to obtain a complete address history for an American applicant so they can drill down into each state and county of residence. In this situation, the applicant had a myriad of sex off ences over the past six years, but these were in a separate state from where he currently resided. is organization managed to catch the oversight before it was too late, but the incident under- scores the importance of analyz- ing applicable law and industry- specifi c considerations. Legal and regulatory require- ments may impose obligations to screen employees, even globally, for certain types of processing and in certain sectors and industries. Generally speaking, there are three types of searches that can be positioned under the "crimi- nal" category. Comprehensive criminal: Not available in all countries, this involves a background screening company working directly with the local court, police service or other authority to obtain a com- prehensive list of convictions or criminality. Applicant obtained: Not avail- able in all countries, this process requires the applicant to obtain her criminal record check directly from the same authorities listed above. Criminality: Available in all countries, this search scours vari- ous watch lists and adverse media to obtain a thorough background check on a candidate. A com- prehensive c r i m i n a l search is ideal but is not avail- able in each country. Even when it is avail- able, the cost or turnaround time may be discouraging. For these reasons, it's important to not only re- search what type of check is avail- able and appropriate, but to weigh the availability of information and compliance concerns with your organization's desire to monitor costs and turnaround time. It's also important to remember the defi nition of criminal activity can vary from country to country, and even region to region within a country. Consider, for example, the re- cent trend to legalize or decrimi- nalize marijuana possession. To best prepare your organiza- tion for global screening challeng- es, research what level of check is required or appropriate in each jurisdiction, how accessible that level of check is and how the pro- cess might vary from your local area. Iain Murray is a national sales ex- ecutive at Sterling Talent Solutions in Vancouver. For more infomration, visit www.sterlingtalentsolutions.ca. search what type of check is avail- search what type of check is avail- search what type of check is avail- search what type of check is avail- search what type of check is avail- search what type of check is avail- search what type of check is avail- Most commonly used international background checks 71% 66% 41% 29% 17% 14% 7% Criminal record Verifi cation Drug and health Identity and authentication Credit/ fi nancial Motor vehicle Social media Source: Background Screening For A Global Workforce, Sterling Talent Solutions

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