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 .

Articles by Nick Fishman

HR News & Trends, Recruiting and Staffing

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

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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

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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


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


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

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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

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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


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…

HR News & Trends

State of Texas Takes Steps to Force Screening Obamacare Navigators

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Our friends from the great state of Texas are in the news once again when it comes to employment background checks, and once again, their efforts are worthy of applause for those who support this responsible business practice.

You might recall last month the Lone Star State filed a federal lawsuit against the Equal Employment Opportunity Commission for their guidance on employers’ use of criminal background checks. Well last month, according to a report in The Washington Post, they are challenging the Obama administration’s stance that the Navigator’s tasked with helping people sign up for the Affordable Care Act benefits should not be subject to employment background checks. Read more…

HR Basics

Four Steps to Make Sure You Get Accurate Criminal Background Checks

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After months of searching, you finally found the perfect candidate for your (insert job here) role.

This guy or gal has everything you’re looking for: great experience, sterling references, and a personality that fits well within your organization. Let’s face it — they are the bee’s knees.

Now, the only thing that has stopped you from making an offer is waiting for you on your desk — the background check results.

You furiously scan the document to make sure there are no red flags: verified education and employment  … check, stellar driving record  … check, substance abuse test came back clean … check. But wait. No, this can’t be happening. Your best candidate is a registered sex offender? Read more…

HR News & Trends, Legal Issues

EEOC Ordered to Pay $750,000 For Overzealous Prosecution Tactics


Back in 2011, a federal judge ordered the Equal Employment Opportunity Commission (EEOC) to reimburse the staffing company, PeopleMark, for over $750,000 worth of legal fees and expert witness costs it incurred as a result of overzealous prosecution tactics concerning their employment background check practices.

The premise of the case (EEOC v. PeopleMark, Inc.) was the EEOC’s contention that PeopleMark automatically rejected candidates that had criminal records. Even worse was that they ignored evidence that would have torpedoed their case. Read more…