Job Description

This listing will be used to run background checks for current employees every 3 years.


This is not an active job. This job should not be applied to. Do not apply to this job. This is not a position.

R6.

Background Checks and Credential Verification for Employees of Job Corps Contractors

Center Operators and other Job Corps contractors, which include all subcontractors of a Job Corps contractor (collectively referred to below as "Job Corps Contractors"), must conduct a nationwide (to include all United States territories) criminal background check on all employees and all applicants for employment prior to making an offer of employment. Each background check and any employment decision based upon them must conform to the requirements set out below. Further, Job Corps Contractors must verify that all applicants receiving an employment offer and all employees have obtained all licenses, certifications, or other credentials required, and that the individual is in good standing with the licensing body for their profession.

a. All criminal background checks must be conducted by a third-party background checking company in accordance with the Fair Credit Reporting Act, and result in a written report from the third-party company.

b. All criminal background checks must include a review of the history of all state (including United States territories) and Federal criminal convictions.

1. Decisions on the employability of applicants and continued employment of employees must only be made on records of convictions, not arrest records or indictments.

2. Consideration must be given to any conviction or release from incarceration during the 7 years prior to the date of the applicant's application for employment or the initial employment date of an employee, except for convictions referenced in subparagraph c.1. below.

c. Disqualifying convictions

1. If an employee or applicant for employment has been convicted or adjudicated responsible as a juvenile of any of the crimes listed below, regardless of when the conviction or adjudication occurred, that employee or applicant cannot be employed by a Job Corps Contractor:(a) Murder;(b) Child Abuse; and(c) Rape or Sexual Assault.

2. Health-and-wellness staff, or any other employee with access to prescription medications, cannot be employed by a Job Corps Contractor if they have been convicted of the following crimes:(a) Fraud, theft, larceny, and similar crimes involving deception; and(b) Drug-related offenses.

d. If an employee or applicant for employment has been convicted or released from incarceration for a crime not identified in c.1., the Job Corps Contractor must determine the relevance of the record of conviction or release from incarceration to the duties of the position of the employee or position for which the applicant is applying. In making an employment decision, the Job Corps Contractor must use an individualized assessment for each applicant and employee.

1. Individualized assessment means that the Job Corps Contractor must:(a) Inform the individual that he/she may be excluded because of past criminal conduct;(b) Provide an opportunity to the individual to present additional information regarding the criminal conduct and demonstrate that the exclusion does not properly apply to them; and(c) Consider whether the additional information provided by the individual shows that the policy as applied is not job-related and consistent with business necessity.

2. In doing an individualized assessment for an employee or applicant with criminal convictions, the Job Corps Contractor must consider the following:(a) Whether the conviction was a felony or a misdemeanor;(b) The nature of the conviction(s) and the facts underlying it, and whether they involve serious or repeated violence;(c) The amount and frequency of contact the employee has, or the applicant will have with students;(d) The age of the employee or applicant at the time of the conviction;(e) Whether the employee or applicant has a history of multiple convictions that suggests a pattern of criminal behavior or bad judgment;(f) The length of time between the conviction and/or completion of any sentence and the employee's initial employment date or applicant's application to work at the center; and(g) Any evidence of rehabilitation in the time period since the conviction.

e. When asking questions about criminal records, inquiries must be consistent with business necessity.

1. Questions must be limited to records for which exclusion or potential exclusion would be job related for the position in question.

2. Information about applicants' and employees' criminal records must be kept confidential and used only for the purpose for which it was intended.

f. For each employee or applicant hired, the Job Corps Contractor must document:

1. That he/she conducted a background check according to the requirements above;

2. What, if any information from the background check, factored into the Job Corps Contractor's employment decision; and

3. Details of the individualized assessment the Job Corps Contractor undertook in accordance with the above before making an employment decision based on the information from the background check.

g. Job Corps Contractors must conduct a new background check for each employee every 3 years. The documentation requirements in f. above apply.

h. Job Corps Contractors also must verify that all employees and applicants for employment or other individuals providing services under an agreement or contract have obtained all licenses, certifications, or other credentials required under state and Federal law, and that the individual is in good standing with the licensing body or regulatory authority for his/her profession. Job Corps Contractors must verify this information every 3 years.

i. Requests for exceptions for the hiring or continuation of employment restrictions imposed by this policy must be made in writing to the National Director. The National Director may waive the requirements in this policy for an employee or applicant for employment based on compelling evidence that such an exception is in the best interest of Job Corps, and Job Corps students and staff.

j. Job Corps Contractors may continue to use existing criminal background check procedures, provided those procedures are stricter than and do not conflict with the procedures outlined in the policy above. If a Job Corps Contractor's existing policy is less stringent or inconsistent with the policy outlined above, the Job Corps Contractor must modify the policy so that it is in line with the requirements outlined above.