Nick Fishman

Nick Fishman co-founded EmployeeScreenIQ in 1999 and serves as the company's Chief Marketing Officer and Executive Vice President. He oversees all of EmployeeScreenIQ's sales and marketing activities, including business development and brand building initiatives. Contact him at nfishman@employeescreen.com .

Articles by Nick Fishman

HR News & Trends, Legal Issues

Court Takes EEOC to the Woodshed For Overreach on Background Checks

eeoc

You might recall last August’s stinging comments from celebrated Judge Roger Titus of the U.S. District Court for the District of Maryland that were directed at the EEOC when he dismissed their case against Freeman Companies for what the commission alleged as discriminatory hiring practices related to Freeman’s use of criminal background checks and credit reports.

Judge Titus used words like “laughable,” “unreliable,” and “mind boggling.”

Instead of heeding the judge’s remarks and conceding their overreach, the Equal Employment Opportunity Commission appealed his ruling to the Fourth U.S. Circuit Court of Appeals, based in Richmond, VA. At issue was the testimony of the EEOC’s expert witness, Dr. Kevin R. Murphy, which was excluded by the lower court. Read more…

HR Basics, Talent Management

You Shouldn’t Ignore Criminal Records When Checking Candidates

From istockphoto.com

The scenario may seem familiar, whether through a real life experience or something you saw on TV.

You interview a candidate and it appears as if they would be perfect for a position with your company. But then, it’s revealed through their admission or a criminal background check that they had a past run-in with the law.

In every other way, the interviewee absolutely shines and would be a credit to your organization. You might be tempted to brush the information aside and hire him or her anyway. Read more…

HR Basics, Recruiting and Staffing

Can You Reject an Applicant For Falsifying Their Job Application?

Photo by Dreamstime

Most job candidates know that falsifying a job application is grounds for being denied employment.

Unfortunately, that doesn’t always stop them from doing it, however most understand the consequences if they get caught.

Conversely, most employers are conditioned to believe they are well within their rights to deny employment on the basis that someone lied on the job application. In fact, I recently conducted a webinar and was asked if it is easier to deny employment based on an application omission or fabrication discovered on a background check rather than going through the adverse action process. Read more…

HR News & Trends, Recruiting and Staffing

City of Austin Shows the Wrong Way to Handle “Ban the Box”

Illustration by istockphoto.com

Question: What do you get when you combine “ban the box” compliance with utterly idiotic hiring practices? (I know I’m supposed to be diplomatic but no can do in this instance.)

Answer: Ask the city of Austin, Texas, who hired a six-time convict to work in their public library — and who just plead guilty to attempted indecency with a child.

Before we dig into the details, let me show you the resume (see: rap sheet) of said employee, Joe Heath, brought with him to the Austin Public library where he would come in regular contact with the public, including children. Read more…

HR Management, HR News & Trends

The Dark Side of Silicon Valley: A Tech Space-Driven Drug Culture

Photo by istockphoto.com

By now, many of you are familiar with the Google executive that was killed on his yacht last year by a call girl who is accused of injecting him with a fatal overdose of heroin.

In the aftermath of this startling case, the San Jose Mercury News started digging into what it calls Silicon Valley’s “drug culture.”

Specifically, the newspaper found that there is an increasing propensity for those in the technology space to abuse illegal and prescription drugs to cope with the breakneck pace of work that the sector demands. Read more…

HR Management, HR News & Trends

Survey Shows the Criminal Offenses That Concern Employers Most

trends-cover

Nearly 600 human resources professionals told EmployeeScreenIQ about how they use employment background checks to make hiring decisions and their candid feedback is detailed in the just-released, fifth annual survey of U.S. based employers.

The new report looks at how companies manage the process of employment screening, their practices concerning Fair Credit Reporting Act (FCRA), Equal Opportunity Employment Commission (EEOC) guidance, candidates’ self-disclosure of criminal records and how they address adverse findings.

In the past few years, the EmployeeScreenIQ Trends Survey has become a benchmark many employers use to evaluate their background screening policies and practices. This year’s survey provides a unique cross-section of opinions and insights from an assortment of organizations and is critical for HR professionals that want to learn about what their industry peers are doing. Read more…

HR Basics, HR News & Trends

The Toll Snow Days Can Take on Your Background Check Process

ajc-snowjam-front-page-01292014

Brrrrr it’s been cold … and snowy … and icy!!!!

No, this isn’t my way of forcing uncomfortable chitchat while we wait for a conference call to start. I actually have a point here.

The Winter of 2014 is wreaking havoc on employment background checks. More specifically, the winter weather has caused more courts to close in more jurisdictions across the country than I can ever remember.

And when the courts close, that delays criminal background checks. Read more…

HR Basics, HR News & Trends

There’s Still Time to Evaluate Your Background Screening Program in 2014

123RF Stock Photo

Let me officially be the last person to wish you a Happy New Year!

I have to admit that I’m not a big fan of New Year’s resolutions. Why should you wait until January 1 to do something you should have been doing when you recognized a problem?

Case in point: My least favorite New Year’s resolution is for those who vow to work out more. From Feb. 15 through Dec. 31, there’s never a problem using equipment at my gym. Show up during the first 45 days of the year, however, and your 45 minute workout turns into an hour and a half snore-fest.

Don’t get me wrong; I’m all for getting into shape, but 45 days does not make a year. Read more…

HR News & Trends, Recruiting and Staffing

Study Finds That (Surprise!) Facebook Alone Isn’t a Good Hiring Barometer

Facebook Logo

Here’s a scenario for all you human resource professionals out there:

Let’s just say that most job candidates made their Facebook profiles public. Let’s say that most employers checked their job candidates’ Facebook profiles and used it as the only tool to determine whether that person would be a good employee.

Would you be surprised if I told you that this practice didn’t lead to better, more qualified hires? Read more…

HR Basics, HR News & Trends

Why That Proposed Ban on Employment Credit Checks Will Fail

From istockphoto.com

Sen. Elizabeth Warren, D-MA., has introduced a bill that will effectively bar employers from conducting credit checks on potential job candidates as part of the employment background screening process.

The proposed “Equal Opportunity for All” Act would make credit checks illegal in many cases except in specific areas such as national security.

Now let me be the first to say that this bill doesn’t stand a snowball’s chance of passing. Read more…