Is Your Store Doing Racial Profiling and Is That Lawful?

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According to the Civilrights.org website “The U.S. Supreme Court has held that racial profiling violates the constitutional requirement that all persons be accorded equal protection of the law.19  Recently, many lawsuits  that have captured the attention of the public involves lawsuits where not only the accused shoplifters , but employees of these retail stores have cited racial profiling against these giants.  Follow more news about this topic by following the links below.


Fashion Chain Zara Profiles Black Shoppers As Potential Thieves, Workers Allege In Report

In early June, Spanish fast fashion chain Zara hit headlines when the longtime in-house lawyer for their American stores sued for $40 million in damages, alleging anti-Semitic, anti-gay discrimination.

Zara called their former counsel’s allegations “shocking,” adding that the company intends to “respond strongly and vigorously” in court.

A report released on Monday suggests the clothier may have deeper troubles, starting with a corporate culture steeped in racism.

Labor advocacy group Center for Popular Democracy surveyed Zara retail employees at six of the chain’s seven New York City stores this past spring following a handful of scandals involving insensitive designs by the fashion company, like a child’s shirt that resembled a Holocaust uniform.


CVS was hit with a federal lawsuit on Wednesday after four former store detectives at the drug chain charged their supervisors told them to profile minorities for anti-shoplifting enforcement.

The store detectives, who are also minorities, argued in their lawsuit that they endured racially insulting language and had clear instructions from their bosses to keep an eye on blacks and Hispanics because they were the ones most likely to steal, according to Newsday.

The detectives charged that when they pushed back against the profiling orders they were all fired, they claimed in their suit.

“CVS intentionally targets and racially profiles its Black and Hispanic shoppers based on the highly offensive, discriminatory and ill-founded institutional belief that these minority customers are criminals and thieves,” lawyers for former store detectives stated in their suit.

 


Natick judge to Macy’s: Stop collecting shoplifting fines

A Natick District Court judge told a lawyer from Macy’s he planned to issue an injunction banning the store from collecting fines from shoplifting suspects, but said he expects Macy’s to ignore the court order.

Judge Douglas Stoddart said Macy’s policy to collect a $500 fine from alleged shoplifters is “ethically wrong.”

“We’re heading into uncharted waters, legally, and I think it needs to be heard by a higher court,” Stoddart told the store’s lawyer, Daniel Field.

In March, Stoddart held a hearing to discuss Macy’s policy. Currently, if suspected shoplifters are caught they are brought into a security office, and told they can pay a $500 fine instead of being sued civilly for the money. However, payment of the $500 does not preclude their arrest. Several people have told Stoddart over the years they were told if they paid the money they wouldn’t be arrested, but still were.


Shoplifting Statistics And Apprehensions 2014

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The losses big retailers like Wal-Mart faces every year are astronomical.  The losses though are not absorbed by these big retailers, the losses are then passed to the consumer like you and me by paying higher prices in their store.  Shoplifting is a crime that affects everyone.  Some big businesses like Wal-Mart can deal with their losses.  Shoplifting  for small businesses can mean closing their doors for good.  Is your store dealing with shoplifting or employee theft?  Is it working?  Read more about this topic by following the links below.


27th Annual Retail Theft Survey Reports over 1.2 Million Shoplifters and Dishonest Employees Are Apprehended by Just 25 Large U.S. Retailers in 2014

Wesley Chapel, Fla. — More than1.2 million shoplifters and dishonest employees were apprehended in 2014 by just 25 large retailers who recovered over $225 million from these thieves, according to the 27th Annual Retail Theft Survey conducted by loss prevention and inventory shrinkage control consulting firm Jack L. Hayes International. The participants were made up 25 large retail companies with 23,250 stores and over $700 billion in retail sales (2014).

“In 2014, the number of apprehensions and recovery dollars were up again for both shoplifters and dishonest employees. Shoplifting apprehensions rose 7.4%, while dishonest employee apprehensions rose 1.7%. The dollars recovered from apprehended shoplifters and dishonest employees also rose, 7.5% and 18.1% respectively,” said Mark R. Doyle, president of Jack L. Hayes International.

The increases, follow similar increases reported the previous three years.

Highlights from annual theft survey include:

• Apprehensions: 1,272,560 shoplifters and dishonest employees were apprehended in 2014, up 7.1% from 2013.

• Recovery dollars: Over $225 million was recovered from apprehended shoplifters and dishonest employees in 2014, up 10.4% from 2013.

• 1,192,194 shoplifters were apprehended in 2014, up 7.4% from 2013.


Here’s How Much Walmart Loses Every Year to Theft

Walmart is fighting back against “unknown shrinkage”

When you’re a company as big as Walmart, everything about you is huge, even your losses from shoplifting.

The retailing giant says that it loses about $3 billion every year from theft, or 1% of its $300 billion in revenue, Reuters reports.

Leading the effort to fight back against this so-called “shrinkage” is Greg Foran, head U.S. operations, who told reporters Thursday that cutting down on these loses was a key priority for the firm in coming months.

“One percent of $300 billion is quite a lot of money. If you can save 10 basis points of it – boy I’ll take it every day of the week and put it into lower prices for customers,” Foran said to Reuters.


6 Ways Small Businesses Can Effectively (and Cheaply) Prevent Shoplifting

Shoplifting remains a constant issue for American small businesses, leading to losses of over $10 billion each year. According to the Loss Prevention Research Council, 1 out of 11 customers is a habitual shoplifter (repeat offender!). Small businesses have slim profit margins, which means that “shrinkage” (reduced inventory to shoplifting and thefts) can really put immense pressure on their ability to stay afloat. Some of the fastest growing and most successful brands out there have recently employed innovative tactics to discourage shoplifting, largely harnessing the power of consumer psychology. Check out 6 of their most successful tactics, that any small business can easily, and cheaply, start using to discourage and prevent shoplifting!

1. Strategic Checkouts
Place your checkout registers near the front door to dramatically reduce the likelihood of a shoplifter. Most shoplifters prefer to enter the store and then make a quick exit, without passing by an employees. Having customers come in near your employees will also provide your staff with the opportunity to greet new customers, a big plus for customer service and yet another major deterrent of shoplifting. One of the most successful new techniques was introduced by Apple stores — make your registers mobile, on tablets or “phablets.” Have your employees roaming the store, and check-out people right where they encounter them. This tactic has already been adopted by many nationwide retailers as a quick and easy way to dramatically reduce their shrinkage.


Shoplifting and Employee Theft Report

Shoplifting is a crime.  Policymakers, local law enforcement, private retail security, and consumers know that.  Stores acrshoplifting2oss the nation display signs warning the would be shoplifters of the intent to prosecute them if they shoplift. Shoplifting and employee theft cost retailers billions of dollars every year, but the problem persists, and in some communities shoplifting incidents have increased.  So, what can you as a retailer or small business owner do about it?  Is more security the answer? Are more security systems in place the answer? A better trained management team in your store the solution?  Retailers and local law enforcements have team up in states to combat this crime, but  shoplifting and employee theft are problems that retailers will be facing for many more years.


27th Annual Retail Theft Survey Reports Over 1.2 Million Shoplifters and Dishonest Employees are Apprehended by Just 25 Large U.S. retailers in 2014

Wesley Chapel, FL – Over 1.2 million shoplifters and dishonest employees were apprehended in 2014 by just 25 large retailers who recovered over $225 million from these thieves, according to the 27th Annual Retail Theft Survey conducted by Jack L. Hayes International, the leading loss prevention and inventory shrinkage control consulting firm.

“Something has to change, as we continue to report increases in apprehensions and recovery dollars year after year. In 2014, the number of apprehensions and recovery dollars were up again for both shoplifters and dishonest employees. Shoplifting apprehensions rose 7.4%, while dishonest employee apprehensions rose 1.7%. The dollars recovered from apprehended shoplifters and dishonest employees also rose, 7.5% and 18.1% respectively”, said Mark R. Doyle, President of Jack L. Hayes International. “These increases, follow similar increases reported the previous three years!” Mr. Doyle added, “I believe the solution starts with education. Educating the public as to the severity of the theft problem and how it negatively effects them on a daily basis. Educating our elected officials as to the negative impact theft plays on our communities and economy. Also, we need to do a better job educating our school aged children to the consequences of theft and the seriousness of the problem.”


6 Top Items Stolen From Stores

At this point in time, we can all pretty much agree that stealing is wrong. We’ve all witnessed the random teenager swiping a candy bar from the local corner store, or perhaps even been a victim of theft on a grander scale. Theft is all around us even though the act has been vilified throughout history in the Code of Hammurabi, the Ten Commandments, and today, in modern laws.

But desperate times call for desperate measures, and in a turbulent economy, marred by long-term unemployment, drastic upticks in the cost of living, and levels of inequality not before seen in modern America, it’s only expected that some people will resort to theft to get what they want. As unfortunate as it is, people stealing out of desperation, or straight malice or selfishness, costs business owners billions annually. According to one study conducted by Centre College professor David Andersen in 1999, the total aggregate of theft costs the economy more than $1.7 trillion every year. That number has likely gone way up over the past 15 years, giventhe rise of cyber crime.


Local retailers join to combat shoplifting

A recent shoplifting case at Walmart in Sahuarita pointed to possible connections to organized criminal activity that local authorities are now taking steps to combat.

The case involves a man and woman from Sonora, Mexico, suspected of stealing cartfuls of merchandise including boxes of diapers. The woman said they planned to sell them south of the border, according to a Sahuarita police report.

Cases like this are known as organized retail crime, or ORC, and nationwide it’s a $30 billion problem, said Pat Marshall of Walgreens. She was among five representatives from three retailers in Sahuarita and Green Valley attending a meeting Wednesday with Sahuarita police and a Pima County Sheriff’s detective.

They’re part of a new arm of the Arizona Organized Retail Crime Alliance (AzORCA).

Items most stolen
According to the National Retail Federation, these are the items most often stolen: Cigarettes, energy drinks,, high-end liquor, infant formula, allergy medicine, diabetic test strips, pain relievers, weight loss pills, high-end vacuums and other appliances, children’s electronic toys, laundry detergent, jeans, designer clothing and handbags, GPS devices, laptops/tablets, cameras/recorders, cell phones, teeth whitening strips, pregnancy tests and razors.

Surveillance And Shoplifting

shoplifting4Many retailers already spend millions of dollars to defend themselves against cyber attacks, and millions more to defend themselves against shoplifting and employee theft.  Security cameras are one of the many methods they use to prevent shoplifting, and in big retail stores a security guard is usually walking through the store, but relying in one method of security though is foolhardy, and eventually may prove to be more costly for the profits of your store.


Tips for enhancing the security of your surveillance systems

Nothing beats a security camera when it comes to keeping an eye on your home or your business. The newest surveillance technology can offer a greater range of vision and nearly endless recording durations, guaranteeing protection. Learning about security camera best practices can dissuade intruders from trespassing on your property or hacking your systems. Before buying a set of surveillance cameras, however, take a second to review the steps necessary for truly secure monitoring.

Password unprotected

Isn’t the whole point of a top-of-the-line security system that it’s for your eyes only? No one besides you, your family or a select group of coworkers should have access. Unfortunately, accidentally granting permission for anyone to peek through your cameras can be as easy as checking the Internet.


Is Petty Shoplifting Worth Hiring a Private Security Guard?

It’s obvious why a large store, full of hot-ticket items, needs round-the-clock, top-notch private security. But what about the local, corner store, whose average item’s price is $3.00, and its highest-priced item is $25? Wouldn’t the money spent on a private security guard offset any petty shoplifting?

This question is certainly worth asking, because after all, you would hire a private security guard because it would ultimately protect your assets, not increase your expenses without cost-benefit. Let’s look at the issues at hand, because hiring a private security guard isn’t just about keeping away petty thieves.  What else is it about?

1) Calculating accurately. Most retail stores calculate between 10-20% of their budget for shoplifting. That means up to 1/5 of the budget is dedicated toward theft alone!  Make sure that the cost of a private security guard is weighed against the shoplifting budget .  Even when strictly looking at the bottom line, your calculations could show that a private security guard reduces the need for the so-called “theft budget”.


Alleged shoplifter opens store with security cameras to stop shoplifters

WATCH ABOVE: Police bust an alleged shoplifting ring preying on high end retailers in the GTA. Catherine McDonald reports. 

TORONTO – York Regional Police have announced Tuesday the seizure of $1 million worth of stolen clothing after dismantling a Greater Toronto Area shoplifting ring.

Police say the investigation began in October 28, 2014 following a clothing store theft at Markville Mall in Markham.

Security video obtained at the scene helped police identify several suspects linked to similar crimes in the area.


Shoplifting Prevention and other News

shoplifting1Preventing or taking measures to prevent a crime is much easier for a company than dealing with the results and the cost associated with dealing with it. Preventing shoplifting deals with a lot of situations that are unique to a particular store or situation, and the measures to dealing with them is different every time.  If you are dealing with shoplifting or employee theft, follow the links below for more information about this topic and some measures you can take to prevent theft in your store.


Shoplifting arrests at Eagan Outlet Mall raise question of bias

A majority of those cited or charged with shoplifting at Eagan’s new outlet mall have been people of color. 

As soon as developers broke ground at the Twin Cities Premium Outlets in Eagan, police began preparing for an uptick in traffic and activity in the area.

Nearly 85 percent of those arrested or cited in connection with shoplifting calls at Eagan’s new outlet mall were people of color, according to a Star Tribune analysis of nearly 1,000 calls to police in the first eight months the center was open.

The percentage of blacks and other minorities arrested or charged with shoplifting offenses at Eagan’s Twin Cities Premium Outlet was higher than at nearby Burnsville Center, in all of Minneapolis or at a similar outlet mall in Albertville.


6 Low-Tech Ways to Reduce Shoplifting

It’s our instinct to turn to technology first when solving a problem. However, when it comes to preventing theft in your store, low-tech solutions can also be very effective. Using low-cost and free solutions can sometimes even require less employee training and troubleshooting than some high-tech tools.

Here are 6 low-tech ways to prevent theft in your store:

1. Put out the welcome mat. Shoplifters want to be anonymous and make as little contact with store employees as possible. One of the most effective ways to deter shoplifters is to greet every customer that walks into the store. “Don’t just shout “Good morning” over your shoulder, but make eye contact and greet the customer like you are happy to see them,” says Chris McGoey, security expert and founder ofCrime Doctor, a security firm. “Not only is it good customer service, a simple greeting can make potential shoplifters change their mind about stealing from your store because they know you can identify them.”


SHOPLIFTING PREVENTION TIPS

ANDERSON, SC – The City of Anderson Police Department offers the following shoplifting prevention tips. Shoplifting can cost your business thousands of dollars each year. Shoplifters may be any age, sex, economic, or ethnic background. There is no “typical” shoplifter. Often they work in pairs or groups to divert the clerk’s attention while they steal. Certain times of the day when employees are apt to be less alert are critical: Store opening and closing, during the lunch hour, dinner, or shift changes. Shoplifters learn to take advantage of crowded stores during peak hours.Effective prevention begins with an aware and alert staff.

Protective Measures

• Make the shoplifters feel watched. Elevate the cashier’s platform. Install mirrors that enable cashiers and sales people to see over and around displays. Install one-way glass in offices to enable employees to see into the store without being seen from the floor. Install video surveillance cameras.

• Post signs warning against shoplifting. Emphasize that you will prosecute. The best way to discourage shoplifters and keep your business from being tagged as an easy mark is to take a get- tough attitude and prosecute on the first offense.


Who is really running my store? A Strong Case for Employee Background Checks

shoplifting4Coming from big box retail, I never realized just how uncommon employee background checks are in terms of smaller businesses, until I worked for one. While it’s standard practice for major retailers to run a pre-employment screening, there are plenty of stores and business out there that simply don’t. This could be a problem. It could be a problem for you, your business, your other employees and your customers. Knowing who you employ shouldn’t be a luxury. It is and should be, a necessity.

One of my first LP jobs was a district manager position for a very small chain of hardware stores. If I recall, they only have about 50 stores. When I first came on, they were building up their LP program and lacked several basic control measures in place. Think EAS, CCTV, exception based reporting and basic physical security measures. Heck, the stores weren’t even equipped with alarm panels. Part of my job was to help build their LP department to better assist the stores in becoming more profitable, assist in inventory reductions as well as limiting a very high turnover rate. After my first couple of weeks, it was clear that in order to help all of those categories, store managers needed to make better hiring decisions and that all starts with a thorough background check. 

It didn’t take much convincing and the company eventually found a company to process the screenings for us for a very competitive rate. Part of our new policy was to run the background checks on all of our current store managers. What we found was very disturbing. Out of 50 store managers, nearly 20 of them had extensive criminal records. Records that including prison time, drug and weapons charges, assaults, counterfeiting, forgery, fraud and even murder. These were our store managers! Not surprising, these 20 or so managers all had some of the worst performing stores. Literally, every one of those stores had shrink, turnover and moral issues. Coincidence? I think not. 

It took almost two years to fully implement and turnover some of those managers, but eventually the company was able to start with a clean slate. Now, every employee, prior to being offered a position with that company is required to submit to a background check. Anything other than simple misdemeanor traffic violations results in a disqualification of employment. I can tell you that those stores operate more efficiently, there is less shrink and turnover and employee morale high. If your company is not reviewing the backgrounds of your employees, ask yourself, “Who is really running my store?”


Shoplifting and the Law

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Some have called shoplifting the silent crime that is plaguing the US. Shoplifting for some people is considered their full time job, and retail organized crime is abundant in this country.  Shoplifting affects small business owners tremendously and  the retail industry as a whole lose millions of dollars yearly passing the loss to the consumer and therefore affecting you financially.

Shoplifting is a serious crime ,and some states are taking strong measures to make sure the penalties applied to the shoplifter are harsh. To read more follow the links below.


Retail merchants fear theft bill will increase crime

HONOLULU (HawaiiNewsNow) –

Retail Merchants of Hawaii president Sheri Sakamoto said a bill to raise the threshold for felony theft from $300 to $750 will encourage shoplifters to steal more.

“It will really affect retailers specifically. They now can steal up to $749.99 and have less consequences to their crime,” she said

Rep. Karl Rhoads is chairman of the House Judiciary committee. He said the bill targets agricultural theft, and shoplifting is considered separate but prosecutors do have leeway. “Even if the Governor signs this bill it’s still a crime to steal amounts between $300 and $750, it’s just the penalty is not as high,” he said.

Theft is a Class C felony, punishable by up to five years in prison. Advocates for raising the dollar threshold say $300 is way too low, and it costs taxpayers about $49,000 a year to incarcerate an offender. “So when we’re talking about property crime that’s under $1,000 and we’re paying $134 a day, you’ve got to start looking at that and saying, That really doesn’t pencil out,” Community Alliance on Prisons advocate Kat Brady said.


Shoplifting gangs operating on ‘industrial scale’

PROSECUTORS have vowed to smash serious organised crime groups who are using “steal to order” shoplifting to fund their illegal activities.

The Crown Office said shoplifting was happening on an “industrial scale”, with some groups travelling from overseas to target Scottish retailers.

More than 200 people have now been identified as being involved in what prosecutors called “professional shoplifting”.

The details emerged as the Crown Office published figures showing £8.6 million has been seized in 2014/15 under the Proceeds of Crime Act (Poca).
The money includes assets seized from the gangs, as well as from brothel keepers, money launderers, and drug dealers.

Solicitor General Lesley Thomson said specialist prosecutors had worked closely with a dedicated police inquiry team during the past year to dismantle shoplifting groups, who specialise in targeting expensive clothing and designer handbags.


Battling The $36 Billion U.S. Problem Of Retail Shrinkage Losses

The financial cost of retail shrinkage is huge. The latest Annual Shrink Report issued by Dr. Richard Hollinger and Dr. Read Hayes at the University of Florida puts the total at $36 billion annually.

Shrinkage has several causes: customers shoplifting , employee theft, supplier fraud and administrative errors.

Frequent inventories and accounting audits counts can catch administrative errors and supplier fraud. But stopping shrinkage caused by theft is a larger undertaking.

“There are two kinds of thieves,”says Keith Aubele, CPP, president and CEO of the Bentonville, Ark.-based Retail Loss Prevention Group. “First, there is the opportunistic non-pro. Second, there are professionals working in Organized Retail Crime Syndicates (ORCS) — vast organizations that buy stolen goods from professional thieves for pennies on the dollar and then repackage and resell the goods to mom-and-pop stores, back into the retail pipeline, internationally — through any of a number of markets for stolen goods.

“Employees are the front line of defense — as well as the most economical defense — against shrinkage losses.”


Motive, Means and Opportunity = Occupational Fraud

theft (8)Building a successful small business is a part of the American Dream for many people.  Every year millions of dollars, untold hours of sweat equity and unlimited hope are poured into starting and maintaining them.  Unfortunately, also every year, occupational fraud is responsible for closing about 30% of these businesses (U.S. Department of Commerce).

Fraud negatively affects smaller companies more than larger ones; they’re simply unable to absorb the loss.  Participants in the 2014 Global Fraud Study “Report to the Nations on Occupational Fraud and Abuse” estimated the average small business loses approximately 5% of revenue each year to fraud (The Association of Certified Fraud Examiners). 

5% in a small business can mean the difference between a profit or a loss. Therefore, controlling employee theft can be the difference between staying open or closing the doors.  It can also influence whether the owner is able to pay himself a living wage or not.  Given its potential for harmful impact it’s unfortunate that many owners are unprepared to fight fraud.

Most think it’ll never happen to them, not understanding that probably it’s already happened, is currently happening and/or will happen in the future.  Depending on the study 75% — 85% of employees admit that given the “right” circumstances they would or have committed fraud.  The right circumstances are usually a combination of motive, means and opportunity.

Motive is the rationalization the employee uses to steal time, money and property from the company.  Rationalizations are the reasons people create to justify their behavior and are as varied as the people who make them.  These self-deceptions provide the employee with an excuse to steal, even from an employer who they like.

But, motive is not enough for fraud.  A person also has to have the means — the ability, knowledge and access — to manipulate the system.  A bookkeeper can embezzle money because she knows how to “cook the books”.  Stock starts to go out the back door when the warehouse foreman creates an inventory method that only he understands or uses. 

Finally, an employee can be willing to steal and know how to do it, but the opportunity must be present.  An employee has her shoplifting friends come to the store when the easily distracted manager is working, not when the attentive one is.  A clerk learns the cash register camera is unreliable and pockets cash transactions on the days its offline.

Occupational fraud is a broad and all encompassing term, whether it involves petty theft or a multi-million dollar embezzlement scheme.  Its cornerstones are motive, means and opportunity.  A smart and success business owner will learn its dynamics and use this knowledge to take steps to combat it.


Nicole Abbott is a writer and psycho-therapist with over 20 years of experience in the fields of mental health and addiction.  She’s an educator, consultant, lecturer, trainer and facilitator, who has conducted over 200 workshops, trainings, presentations, college classes and seminars.

Mystery Shoppers Can Help Your Bottom Line

theft (5)Brooke wanted to buy a special keepsake to commemorate the birth of a grandchild.  She went to a jewelry store in the mall and was planning on spending about $200.  There were 2 saleswomen in the store and no other customers.  Both of them were having personal conversations on their phones, with one talking about the lack of sales and her concern that she was going to lose her job.

One clerk didn’t acknowledge Brooke, while the other put her finger up in the “just a minute” signal and then turned her back.  After looking around for some minutes, and not being waited on, she went to the store next door.  Brooke was greeted immediately, helped and spent $250.  She repeatedly told the poor service story for months, right up until the store closed.

Everyone has experienced poor customer service in person, on the phone or via a web site, but they probably didn’t complain to the business.  When most people are unhappy they show it with their feet and eyes, they’ll leave a store or web site and not return.  A customer is 4 times more likely to go to a competitor when the problem is service rather than price or product (Bain & Company).

Obviously, good customer service has a significant impact on the bottom line.  A 2% increase in customer retention has the same effect as decreasing costs by 10% (Emmett Murphy & Mark Murphy).  Also, it costs about 6 times more to acquire a new customer rather than retaining an existing one.  It’s just smart business to try to hang on to them.  

One of the ways to evaluate your business’s customer service is to use mystery shoppers.  A mystery shopper is an outside person who shops your business (in person, on the phone or via web site), usually purchases a product and evaluates the experience.  You set the parameters of the information you want collected — including identifying loss prevention issues.

Mystery shoppers help you determine your problems before they turn into lost revenue.  They give you the consumer’s perception of and experience with your customer service, as well as other concerns.  It’s an effective way to get real-time feedback.  Then, based on the identified problems, you can develop and implement the appropriate corrective procedures and policies.  

Smart business owners know the adage that the product gets the customer in the door, but service is what gets her to return.  People who contact your business have a need, providing you the opportunity to make a sale.  The method of the sale gives you the chance to build positive word of mouth and strong consumer loyalty, which contributes to higher profit margins and a healthy bottom line.  

Nicole Abbott is a writer and psycho-therapist with over 20 years of experience in the fields of mental health and addiction.  She’s an educator, consultant, lecturer, trainer and facilitator, who has conducted over 200 workshops, trainings, presentations, college classes and seminars.  

 


Background checks and What to Look for

theft (1)When hiring  a new employee and you need to do a background check, Do you know what you need to look for to make sure you have the right candidate?  First of all, you need to be knowledgeable about the laws regarding background checks in your state.  What Washington seems reasonable, may not quite cut it for California and vice versa.   Due you due diligence before attempting to do a background check without knowing the Ins and outs of the law.  Make sure that your process about hiring and doing background checks are consistent throughout the company, you do not want to be the target of an employee discrimination lawsuit because of different treatment to different possible candidates.

Read more by following the links below.



Retail Industry Update, No. 3, September 2013: EEOC Loses (Again) On Criminal-Background Checks

 Last year, we wrote about the EEOC’s then-new guidance on the use of criminal-background checks in hiring decisions. [“Using Conviction Records As A Screening Tool,” Retail Industry Update, June 2012].  In December 2012, the Commission issued a strategic enforcement plan that included targeting background checks as a barrier to employment of minorities. In June of this year, the Commission trumpeted the filing of lawsuits against Dollar General and BMW North America claiming their use of criminal convictions in hiring violates Title VII.

But these latest lawsuits were not the EEOC’s first attempt to challenge an employer’s alleged blanket use of criminal-background checks in hiring. In 2009, prior to the publication of the latest guidance, it sued Freeman Companies in federal court in South Carolina alleging that the manner in which Freeman used background checks had a disparate impact on minorities. Recently, the district court sent the EEOC packing with its tail between its legs.


 The Background Check Checklist: Avoiding Pitfalls in Screening Process

There was a time when employment background checks were reserved for those entering very specific careers; government jobs with access to sensitive information, those working closely with children or finances and a handful of other public-facing corporate positions.

But in the last two decades, technology has made conducting background checks faster, cheaper and more convenient for employers. According to data from the Society of Human Resource Management, 73 percent of employers use criminal background checks on employees.

Job applicants applying for almost any level of position in nearly every industry are far more likely to have to pass a background check as a pre-requisite for employment. For example, employers in the transportation, health care and retail industries often use background screening services of consumer reporting agencies.


 Our Brave New World of Employment Background Checks

With unemployment stubbornly high, even a small problem can be enough to keep you from getting a job. And thanks to modern technology, employers are a lot more likely to be aware of these problems. Obviously a prison record has always made it hard to find a job. A poor credit report can blackball you these days. And today the New York Times reports on a new breed of databases that track retail employees accused of stealing:

Retailers “don’t want to take a chance on hiring somebody that they might have a problem with,” said Richard Mellor, the [National Retail Federation’s] vice president for loss prevention.

But the databases, which are legal, are facing scrutiny from labor lawyers and federal regulators, who worry they are so sweeping that innocent employees can be harmed. The lawyers say workers are often coerced into confessing, sometimes when they have done nothing wrong, without understanding that they will be branded as thieves.