While background checks are an important screening tool for employers, they only provide a one-time snapshot of an employee.
Continuous monitoring extends this protection by alerting employers to relevant changes in employees’ records that could affect workplace safety, company reputation, or pose legal and financial risks.
At iprospectcheck, we offer comprehensive background screening nationwide and continuous monitoring services.
Here’s what employers need to know about implementing and benefiting from continuous monitoring.
Key Takeaways
- Continuous monitoring tracks changes in employees’ criminal, driving, and other key records that could threaten workplace safety or company reputation.
- Continuous monitoring enhances workplace safety, ensures compliance, protects brand reputation, builds trust, and reduces financial and liability risks.
- Employers that implement continuous monitoring programs must comply with the FCRA and Title VII of the Civil Rights Act, and those in California must also comply with the ICRAA.
What is Continuous Monitoring?
Continuous monitoring screens databases of court, driving, and other records in real-time, instantly alerting employers to changes that could pose safety risks or internal threats.
While certain aspects, including employment history and education, will remain static, others can change.
For example, an employee, contractor, or volunteer could commit a criminal offense or major traffic crime, or receive sanctions against their professional license post-hire.
Benefits of Continuous Monitoring
1. Improved Safety and Security
Continuous monitoring provides updates to employers when an employee or contractor is arrested and charged with a new crime or sex offense, has their driver’s license suspended or revoked, or commits a major driving offense.
The alerts an employer receives depend on what they request based on the position’s duties.
By receiving real-time alerts, employers can identify employees and volunteers who could threaten the safety of other employees and their clients.
This can be especially important to companies that serve vulnerable populations, including the elderly, disabled, and children to protect their safety.
For example, a K-12 school might choose to receive alerts when a teacher or volunteer commits a sexual offense or is charged with another crime that could pose risks to the children they serve.
2. Assures Compliance
Employers in certain industries, including transportation, healthcare, and education, must comply with stringent state or federal regulations covering the people they employ.
For example, companies regulated by the U.S. Department of Transportation (DOT) must immediately disqualify drivers who have their licenses suspended or who commit drunk driving offenses.
Healthcare organizations must similarly ensure nurses and doctors keep their professional licenses in good standing to comply with state regulations and don’t have other sanctions that could bar them from participating in Medicare or Medicaid.
Those in education must ensure that any employee or volunteer who has direct contact with children hasn’t been charged with sex offenses, and has no pending criminal charges or convictions for crimes of violence.
Regulated employers that violate these rules can face significant civil penalties, including the potential loss of state or federal contracts.
Since continuous monitoring alerts employers when an employee or volunteer has a new pending criminal case, a license suspension, or a conviction, employers can take immediate action to maintain compliance.
3. Reduces Liability Risks
Continuous monitoring updates employers as soon as a change occurs in an employee’s status that is relevant to their position and could indicate a potential liability risk.
Early detection of these threats allows employers to address issues before they cause harm.
For example, a transportation company can immediately remove a driver whose license is suspended and prevent negligent supervision and retention liability they could face if the driver subsequently causes an injury accident while working.
4. Protects Your Brand
Taking proactive corrective action as soon as you receive alerts can help protect your brand and prevent incidents that could cause reputational harm.
5. Creates a Culture of Trust
When your company implements continuous monitoring, it demonstrates your commitment to creating a safe and ethical workplace environment.
Continuous monitoring shows your employees that you value their safety and your organization’s integrity and helps to create a culture of trust.
6. Mitigates Financial Risks
Continuous monitoring helps to mitigate financial risks and protect your company from potential losses.
It can help to save money your company could lose through internal thefts by allowing you to address issues promptly.
Know Before You Hire
How Does Continuous Monitoring Work?
Continuous monitoring integrates with your background checks to automatically search relevant databases based on employee roles, including:
- Court records in thousands of U.S. jurisdictions
- Motor vehicle records across state Departments of Motor Vehicles
- Licensing boards that issue and regulate professional licenses
- Sex offender registries across the U.S. states
- Sanctions lists such as OIG and SAM.
Whenever potential adverse information is found, our team of researchers will verify that information at the source. This assures FCRA compliance by providing you the most updated and current available information.
Employers receive alerts when monitored employees have relevant changes in criminal status, driving privileges, professional licenses, sex offender registry listings or sanctions.
This allows employers a fair chance to make an informed decision based on the alert.
They can then take immediate action based on the employee’s actions and the company’s policy.
Legal Considerations and Compliance
Employers must be aware of several laws when they implement continuous monitoring programs, including:
Fair Credit Reporting Act (FCRA)
The FCRA is a consumer privacy law that protects individuals’ privacy in the information collected, retained, and reported by third-party background check companies.
Employers must comply with the FCRA’s notice and consent rules when they conduct background checks, including continuous monitoring.
Under the FCRA, you must disclose to all applicants and employees that your company performs background checks and continuous monitoring. This notice must be presented in a standalone form to make it clear and conspicuous.
You must also obtain each applicant’s and employee’s written consent to undergo background checks and continuous monitoring before you can implement your company’s program.
The FCRA also controls how you handle negative information you learn from third-party background checks and continuous monitoring.
You must follow the adverse action steps before you take an adverse employment action if you are alerted to an employee’s new pending criminal case, conviction, license suspension, or another issue through continuous monitoring:
- Give a pre-adverse action notice to the employee that includes a copy of the report with the problematic information highlighted.
- Provide a reasonable response time. The employee can provide evidence that the alerted information is wrong.
- Give a final adverse action notice if you decide to take an adverse employment action after completing the previous steps (firing, demotion, etc.). Give the employee a copy of their rights under the FCRA.
However, if you operate in California, a one-time consent won’t be enough because of the state’s law, which will be explained below.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits workplace discrimination based on an applicant’s or employee’s protected characteristics.
The Equal Employment Opportunity Commission (EEOC) enforces and regulates employers under this law.
The EEOC has issued enforcement guidance for employers on how to handle criminal record information they learn from background checks, including continuous monitoring.
If you receive an update that an employee has been charged with a new crime or has received a criminal conviction, you must assess that information as it relates to the job’s duties and workplace safety before you can decide to take adverse employment action based on that information.
You must consider the nature and gravity of the criminal offense, the job’s responsibilities and duties, workplace safety, and the crime’s recency.
California Investigative Consumer Reporting Agencies Act (ICRAA)
Under the ICRAA, California employers must obtain a new consent every time they conduct a new employment background check on an applicant, employee, volunteer, or independent contractor.
To avoid violating the FCRA, all employers should create and use specific disclosure and consent forms for continuous monitoring in addition to those they use for pre-employment background checks.
Best Practices for Continuous Monitoring
1. Assess Your Needs
Before you implement continuous monitoring as a component of your background check process, consider your industry’s compliance requirements and the risks your company faces.
Choose monitoring that is relevant to your employees and their positions, and decide which employees require it.
For example, if you employ drivers, you might choose to implement continuous monitoring of their driving and criminal records.
If you are a healthcare company, you might choose to implement continuous monitoring of your employees’ professional license status, OIG and SAM sanctions lists, and criminal records.
If your company is in the education or social services industries, you might opt to continuously monitor sex offender registries and criminal records for employees and volunteers who directly contact the vulnerable people you serve.
2. Develop Clear Policies
Once you have assessed your needs and risks and the employees who will be subject to continuous monitoring, develop a clear continuous monitoring policy.
Your policy should comply with all relevant laws and regulations and describe how your company will implement and use continuous monitoring.
Define the actions your human resources personnel will take based on specific triggers, and include your policy in your company’s onboarding materials and employee handbooks.
3. Be Transparent
Be transparent with your applicants and employees that your company engages in continuous monitoring.
This is important to maintain your employees’ trust and ensure they understand your expectations and standards.
4. Choose the Right Provider
The background check provider you choose should be reliable, accurate, and FCRA-compliant like iprospectcheck.
We offer continuous monitoring as an adjunct to background checks and always comply with the FCRA, Title VII, and state laws.
At iprospectcheck, we have industry expertise and cutting-edge technology to continuously monitor reliable public record databases and deliver alerts to you as soon as an employee’s relevant information changes so you can promptly take appropriate action.
5. Comply with Notice and Consent Rules
Disclose your company conducts background checks and continuous monitoring on a separate form so your applicants and employees can readily see it.
Obtain your employees’ written consent each time before implementing continuous monitoring.
6. Integrate with Existing Systems
When you work with iprospectcheck for background checks and continuous monitoring, we can integrate them into your existing HR systems.
We offer extensive integrations with most HR and ATS systems to ensure seamless communication between your company’s internal processes and monitoring tools.
7. Implement Your Continuous Monitoring Program
When you communicate information about your continuous monitoring program to your employees, explain the compliance and safety benefits.
Once you have started using continuous monitoring, look for any issues that occur or adjustments you need to make.
9. Individually Assess Criminal Information
If you are alerted to an employee’s new pending criminal case or conviction, follow the EEOC’s guidance and evaluate the information in relation to the employee’s job duties and workplace safety before you take an adverse employment action.
10. Comply with the Adverse Action Process
You must follow the adverse action steps whenever you want to take action against an applicant or employee based on information you learn from a third-party background check, including continuous monitoring.
11. Monitor Effectiveness
Regularly review and assess your continuous monitoring program’s effectiveness.
Make adjustments when necessary based on the relevance of the date your company monitors.
Partner With iprospectcheck for Reliable Background Checks
Continuous monitoring can be added to your regular background checks to ensure your employees, contractors, and volunteers continue to meet your company’s standards.
At iprospectcheck, we provide continuous monitoring as an adjunct service to regular employment background checks.
To learn more about our services or get a free quote, contact us today: (888) 509-1979.
DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.
FAQs
How much does continuous monitoring typically cost?
Continuous monitoring is an adjunct to your regular background checks.
The cost will vary based on the searches you request.
To receive a free quote for your background checks and continuous monitoring, contact iprospectcheck today.
Can continuous monitoring be customized for my industry or business needs?
Yes, continuous monitoring can be customized for your business needs and industry.
When you work with iprospectcheck to conduct background checks, you can select relevant searches to perform for continuous monitoring post-hire based on your employees’ jobs and responsibilities.
What should I do if I receive an alert about an employee?
Your continuous monitoring policy should define alerts that will trigger corrective action and the steps your HR personnel should take based on them.
If you receive an alert about an employee’s criminal case or conviction, assess it as it relates to their job duties and workplace safety before you decide to terminate them based on that information.
Talk to your employee about the alert. If you intend to take an adverse employment action based on that information, complete the adverse action process.
