Sterling Background Check Workflow CONFIDENTIAL Table of Contents Background Check – Applicant/Candidate Consent and Workflow ............................................................. 3 Applicant: .................................................................................................................................................. 3 Screen 1—Background Check Disclosures ............................................................................................ 3 Screen 2—Background Check Authorization ........................................................................................ 4 Screen 2a—Background Check Disclosures .......................................................................................... 5 Screen 2b—Background Law Disclosures, Including NY …. .................................................................. 5 Screen 2c—California State Law Disclosure.......................................................................................... 9 Administrative User Experience:............................................................................................................. 10 Applicant - Candidate.......................................................................................................................... 10 Candidate User Experience: .................................................................................................................... 12 Administrative User Experience:............................................................................................................. 13 Candidate User Experience: .................................................................................................................... 14 Cascade Background Check .................................................................................................................... 15 Setting Options: .................................................................................................................................. 16 Disclosure Statements: ....................................................................................................................... 17 Initiating a Screen ............................................................................................................................... 18 Background Check Dashboard ............................................................................................................ 22 CONFIDENTIAL Background Check – Applicant/Candidate Consent and Workflow The following information is provided in an effort to outline all the data that is presented to administrative, applicant, and candidate users related to the Sterling Background process. Applicant: When a user is applying for a position that requires a background screen, they will first encounter a disclosure statement. The user will need to electronically sign the statement or they will be blocked from progressing. They will not be able to submit an application otherwise. Screen 1—Background Check Disclosures The user is encouraged to click on the link to review additional information regarding the Fair Credit Reporting Act. Please reference the PDF document titled “summary_your_rights_under_fair_credit_reporting_act_en.pdf” for a full review of the document. When the user electronically signs Screen 1, they will proceed to Screen 2. CONFIDENTIAL Screen 2—Background Check Authorization 2a 2b 2c Within Screen 2, 3 additional links are available for review. These are labeled 2a, 2b, and 2c. CONFIDENTIAL Screen 2a—Background Check Disclosures Background Check Disclosures A consumer report is a type of background check in which information (which may include, but is not limited to, criminal background, driving background, character, general reputation, personal characteristics, and mode of living) about you is gathered and communicated by a consumer reporting agency ("CRA") to Jason Conrad and/or its subsidiaries, affiliates, other related entities, successors, and/or assigns (the "Company"). An investigative consumer report is a special type of consumer report in which information (as described above) about you may be obtained by personal (including telephonic) interviews with neighbors, friends, associates, acquaintances, or others. You have a right to request from Company disclosures of the nature and scope of an investigative consumer report and a summary of your rights under the federal Fair Credit Reporting Act. Your request should be made in writing to Company (; Charleston, SC 29403; Attn. Background Checks Team OR ) within a reasonable period of time after your receipt of this form. A copy of "A Summary of Your Rights under the Fair Credit Reporting Act" is included. The “Company" may obtain a consumer report, an investigative consumer report, or both on you to be used for employment purposes, including your application for employment. You should open the hyperlink below to review important information: A Summary of Your Rights Under the Fair Credit Reporting Act available here Screen 2b—Background Law Disclosures, Including NY …. STATE LAW DISCLOSURES In addition to the disclosures set forth in the separate Background Check Disclosures form, below please find state disclosures/notices that may pertain to you. Please note: state disclosures that overlap with the disclosures set forth in the separate Background Check Disclosures form are not repeated in these State Law Disclosures. Massachusetts applicants/employees only: The precise nature and scope of any investigative consumer report (which commonly includes information regarding your character, general reputation, personal characteristics, and mode of living) will be the same types of information described above. You have a right to have a copy of any investigative consumer report upon request from LS Screening, LLC; PO Box 270152, Austin TX 78727, (800) 755-3392. Minnesota applicants/employees only: You have the right to request a complete and accurate disclosure of the nature and scope of any consumer report from LS Screening, LLC; PO Box 270152, Austin TX 78727, (800) 755-3392. CONFIDENTIAL Montana applicants/employee only: You have a right to request from Company disclosures of the nature, scope, and substance of any investigative consumer report. New Jersey applicants/employees only: The precise nature and scope of any investigative consumer report (which commonly includes information regarding your character, general reputation, personal characteristics, and mode of living) will be the same types of information described above. You have a right to have a copy of any investigative consumer report upon request from LS Screening, LLC; PO Box 270152, Austin TX 78727, (800) 755-3392. New York applicants/employees only: Upon request, you will be informed whether or not a consumer report was requested, and if such report was requested, informed of the name and address of the CRA that furnished the report. Upon written request, you will be informed whether or not an investigative consumer report was requested, and if such report was requested, the name and address of the CRA to whom the request was made. Your written request should be made to 515 2nd Ave; Kearney, NE 68847. You may also contact the Company at (308) 234-2496. Upon furnishing you with the name and address of the CRA, you will also be informed that you may inspect and receive a copy of such report by contacting that agency. NEW YORK CORRECTION LAW ARTICLE 23-A LICENSURE AND EMPLOYMENT OF PERSONS PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES §750. Definitions. For the purposes of this article, the following terms shall have the following meanings: (1) "Public agency" means the state or any local subdivision thereof, or any state or local department, agency, board or commission. (2) "Private employer" means any person, company, corporation, labor organization or association which employs ten or more persons. (3) "Direct relationship" means that the nature of criminal conduct for which the person was convicted has a direct bearing on his fitness or ability to perform one or more of the duties or responsibilities necessarily related to the license, opportunity, or job in question. (4) "License" means any certificate, license, permit or grant of permission required by the laws of this state, its political subdivisions or instrumentalities as a condition for the lawful practice of any occupation, employment, trade, vocation, business, or profession. Provided, however, that CONFIDENTIAL "license" shall not, for the purposes of this article, include any license or permit to own, possess, carry, or fire any explosive, pistol, handgun, rifle, shotgun, or other firearm. (5) "Employment" means any occupation, vocation or employment, or any form of vocational or educational training. Provided, however, that "employment" shall not, for the purposes of this article, include membership in any law enforcement agency. §751. Applicability. The provisions of this article shall apply to any application by any person for a license or employment at any public or private employer, who has previously been convicted of one or more criminal offenses in this state or in any other jurisdiction, and to any license or employment held by any person whose conviction of one or more criminal offenses in this state or in any other jurisdiction preceded such employment or granting of a license, except where a mandatory forfeiture, disability or bar to employment is imposed by law, and has not been removed by an executive pardon, certificate of relief from disabilities or certificate of good conduct. Nothing in this article shall be construed to affect any right an employer may have with respect to an intentional misrepresentation in connection with an application for employment made by a prospective employee or previously made by a current employee. §752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited. No application for any license or employment, and no employment or license held by an individual, to which the provisions of this article are applicable, shall be denied or acted upon adversely by reason of the individual's having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character" when such finding is based upon the fact that the individual has previously been convicted of one or more criminal offenses, unless: (1) There is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by the individual; or (2) the issuance or continuation of the license or the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. §753. Factors to be considered concerning a previous criminal conviction; presumption. (1) In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall consider the following factors: CONFIDENTIAL (a) The public policy of this state, as expressed in this act, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses. (b) The specific duties and responsibilities necessarily related to the license or employment sought or held by the person. (c) The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities. (d) The time which has elapsed since the occurrence of the criminal offense or offenses. (e) The age of the person at the time of occurrence of the criminal offense or offenses. (f) The seriousness of the offense or offenses. (g) Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct. (h) The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public. (2) In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified therein. §754. Written statement upon denial of license or employment. At the request of any person previously convicted of one or more criminal offenses who has been denied a license or employment, a public agency or private employer shall provide, within thirty days of a request, a written statement setting forth the reasons for such denial. §755. Enforcement. (1) In relation to actions by public agencies, the provisions of this article shall be enforceable by a proceeding brought pursuant to article seventy-eight of the civil practice law and rules. (2) In relation to actions by private employers, the provisions of this article shall be enforceable by the division of human rights pursuant to the powers and procedures set forth in article fifteen of the executive law, and, concurrently, by the New York city commission on human rights. Washington State applicants/employees only: You have the right, upon written request made within a reasonable period of time after your receipt of this disclosure, to receive from the Company a complete CONFIDENTIAL and accurate disclosure of the nature and scope of any “investigative” consumer report we may have requested. You also have the right to request from the consumer reporting agency a written summary of your rights and remedies under the Washington Fair Credit Reporting Act. Any requests under this paragraph to the CRA should be made to LS Screening, LLC; PO Box 270152, Austin TX 78727, (800) 7553392. Screen 2c—California State Law Disclosure CALIFORNIA STATE LAW DISCLOSURES (Non-Credit) In addition to the disclosures set forth in the separate Background Check Disclosures document, below please find California disclosures/notices that may pertain to you. For California applicants/employees only: Under California law, an “investigative consumer report” is a consumer report in which information on a consumer’s character, general reputation, personal characteristics, or mode of living is obtained through any lawful means. In connection with your application for employment and/or continued employment with Jason Conrad and/or its subsidiaries, affiliates, other related entities, successors, and/or assigns (the “Company”), Company intends to procure, as defined under California law, an investigative consumer report. With respect to any investigative consumer report from an investigative consumer reporting agency (“ICRA”), Company may investigate the information contained in your employment application and other background information about you, including but not limited to obtaining a criminal record report, obtaining information about your character, general reputation, personal characteristics and mode of living, verifying references, work history, your social security number, your educational achievements, licensure, certifications, driving records, and other information about you, including interviewing people who are knowledgeable about you. The results of this report may be used as a factor in making employment decisions. The source of any investigative consumer report (as this term is defined under California law and as explained more fully above) will be Sterling InfoSystems Inc.; 1 State Street, New York, NY 10004, www.sterlingbackcheck.com, (877) 424-2457. Information regarding Sterling InfoSystems Inc’s privacy practices can be found at http://www.sterlingbackcheck.com/About/Privacy.aspx. The Company will provide you with a copy of an investigative consumer report when required to do so under California law. Under California Civil Code section 1786.22, you are entitled to a visual inspection of files maintained on you by an ICRA, as follows: (1) In person, if you appear in person and furnish proper identification, during normal business hours and on reasonable notice. A copy of your file shall also be available to you for a fee not to exceed the actual costs of duplication services provided; (2) By certified mail, if you make a written request, with proper identification, for copies to be sent to a specified addressee. An ICRA complying with requests for certified mailings under the California Code shall not be liable for disclosures to third parties caused by mishandling of mail after such mailings leave the ICRA; (3) A summary of all information contained in your files and required to be provided by the California Code shall be provided to you by telephone, if you have made a written request, with proper identification for CONFIDENTIAL telephone disclosure, and the toll charges, if any, for the telephone call are prepaid by you or charged directly to you. “Proper Identification” means information generally deemed sufficient to identify you, which includes documents such as a valid driver’s license, social security account number, military identification card, and credit cards. Only if you cannot identify yourself with such information may the ICRA require additional information concerning your employment and personal or family history in order to verify your identity. The ICRA will provide trained personnel to explain any information furnished to you and will provide a written explanation of any coded information contained in files maintained on you. This written explanation will be provided whenever a file is provided to you for visual inspection. You may be accompanied by one other person of your choosing, who must furnish reasonable identification. An ICRA may require you to furnish a written statement granting permission to the ICRA to discuss your file in such person’s presence. The applicant moves forward with the application process and ‘Submits’ the information to complete the application process. Administrative User Experience: Once the application is submitted, a user with the appropriate roles/rights will be able to log in to their PeopleMatter account and see the data/time the consent was provided by the applicant. The information is stored in the “Documents” tab. Applicant - Candidate CONFIDENTIAL When a person’s record is moved from the Applicant to the Candidate pool, the “Background Checks” tab becomes accessible. A user will be able to review the consent information here as well. Within the “Background Checks” tab, the user has a few navigational options. Under the “Options” drop-down box, a user can “Renew Consent” or “Email Most Recent Signed Consent Doc” to the Applicant/Candidate. “Renew Consent” This selection will send an email notification. An email box will open allowing a user to personalize the message if desired. Once the “Send” button is clicked, an email notification will be transmitted. CONFIDENTIAL Once the email is transmitted, the system will write this data to the “Background Check” tab “Email Most Recent…” This selection will send an email notification. An email box will open allowing a user to personalize the message if desired. Once the “Send” button is clicked, an email notification will be transmitted. No other actions will occur. Candidate User Experience: The person will receive an email notification containing the message information from above. They will be asked to validate their age. If they select ‘Yes’ they are under the age of 18, it will notify the person background checks are not performed on individual’s under 18. CONFIDENTIAL Important Note: Age selection is controlled by a Setting. This document is not outlining every possible scenario. Settings and package selections will control the exact user experience.) The system will repeat Screens 1 – 2 from above since this is still in the ‘consent’ workflow. An actual background screen has not been selected at this time. Once the employee completes the forms, the consent date is updated and the message on the “Background Check” tabs for the request is removed. However, the “Documents” tab will keep a running history. Sample from “Notes” tab: Administrative User Experience: An administrative user will need to select a package to initiate the appropriate screens. We do not collect all the necessary information during the application steps to initiate a background check. The administrative user will need to send a “Request Additional Information” request to the candidate. What is presented to the administrative user next is dependent on the package selected. For instance, a user will be prompted to enter an ID number if a drug screen is selected. In the case of an MVR with Standard Background screen, the system will launch an email notification. A user can personalize the message if desired. Once the “Send” button is clicked, the notification is transmitted. CONFIDENTIAL When the request is sent, the system will write this data to the “Background Check” tab. It will notify the user that the Background will launch as soon as the user completes the information. The administrative user can Cancel the screen or Resend the request as needed. Candidate User Experience: They will be asked to validate their age. If they select ‘Yes’ they are under the age of 18, it will notify the person background checks are not performed on individual’s under 18. Important Note: Age selection is controlled by a “Setting.” This document is not outlining every possible scenario. Settings and package selections will control the exact user experience.) CONFIDENTIAL In most cases, they will be presented with the following forms. Any field with a * is required. When ‘Next’ is selected, the following screen appears. As soon as the ‘Submit Information’ is selected, the appropriate background check will launch. If using Cascading Background Screens, the workflow is as follows: Cascade Background Check The following is to help illustrate the feature/functionality of the PeopleMatter system when Cascade Background checks are being utilized. This functionality is available through our partnership with Sterling only and is inclusive of (2) packages called: CONFIDENTIAL MVR, then Standard Background Check MVR, then Standard Background Check with Drug The behavior of the system is very dependent on the global settings that have been enabled in the application by high level users. Setting Options: Initial decisions will need to be made to determine how this feature behaves across the system to the user population. Setting Option include: Configured on a per job basis. Blocking/Unblock users from hiring based on status – Hire as defined by our system is when a user selects the actual Hire status on the persons’ workfile and transmits a conditional offer of employment initiating onboarding. Setup email notifications to certain users regarding case status. A sample screenshot is provided below. CONFIDENTIAL Disclosure Statements: When a Background Check is enabled for a position in Settings, the applicant will receive the Background Check Disclosure Statements as with all background screens described above. An applicant will provide consent one-time for any/all background screens that will be initiated regardless of the type or number. Duplicate consent is not necessary for only on if they apply for any position that has background checks enabled. Applicants are able to apply to as many available positions as desired. They will receive the disclosure statements if they select at least one job that has background screens enabled. CONFIDENTIAL Initiating a Screen Our system places a persons’ workfile into the following categories. Within these categories, subcategories exist. Applicant o Removed/Remove and Send Rejection Message o Saved for Later Candidate o Request Interview o Interviewed o Offer Job – o Hire Candidate Hire o Active o Inactive – Separated It is very important to understand these categories. The ability to initiate a Background Check becomes available when a persons’ record is physically changed to “Make Candidate” in the system. When this action occurs, a tab becomes available giving appropriate users the ‘right’ to initiate a background check. Once the tab is available, a user Clicks the tab and Selects the appropriate package from the drop-down menu. CONFIDENTIAL In the case of Cascading Background Screens, the user would select the appropriate and available option. The items listed in the drop-down list are based on the individual package(s) purchased by the client. From here, one of two things is possible: If additional information is required to initiate the consent, the user can send a message to the ‘Candidate’ requesting the information. Once the employee provides the necessary information and ‘Submits’ the request, Sterling will initiate the MVR or the first phase of the Cascading screen. If a setting has been enabled providing these rights, the user may have the option to contact the Candidate and enter the necessary information on the Candidate’s behalf. Once the administrative users provides the necessary information and clicks ‘Run,’ a call will be sent to Sterling to initiate the MVR or the first phase of the Cascading screen. After Initiation Phase I (MVR) As stated above, the first phase of the background screen will launch. The system behavior is situational from this point forward. CONFIDENTIAL If the MVR is ‘clean,’ the second phase of the background screen will automatically launch. The system behaves in the following manner: 1.) post to the ‘Notes’ tab – “The initial part of a cascading Background Check order initiated by manager_name was successfully submitted to Sterling.The order number is: the_order_number. The Reference Id is: the_reference_id” 2.) post on the Notes tab: “A subsequent part of a cascading Background Check order initiated by manager_name was successfully submitted to Sterling.The order number is: the_order_number. The Reference Id is: the_reference_id” 3.) send an email notification to the appropriate parties if this is enabled in Settings stating: a. a subsequent part of check was initiated If the MVR is returned “Pending Review”, nothing will happen until a user of the system physically makes a decision about the disposition. When this occurs, an email notification will be sent to the appropriate users stating the check has been returned and needs review. The appropriate user would log in and make a decision. The options are CONFIDENTIAL Proceed – allows the user to initiate the next part of the screen. o Recorded in the ‘Notes’ tab o Email notification sent Discontinue—allows the user to cancel the next part of the screen o Recorded in the ‘Notes’ tab o Email notification sent When a screen is cancelled, the system log this information to the application in the following manner. We also provide error handling. If the screen fails to process, the appropriate user(s) will receive an email notification alerting them to the issue. Phase II (Second Screen) The process repeats for the second screen in many ways. If the check is ‘clean,’ the process ends. If the MVR is returned “Pending Review”, nothing will happen until a user of the system physically makes a decision about the disposition. When this occurs, an email notification will be sent to the appropriate users: CONFIDENTIAL The appropriate user would log in and make a decision. The options are Proceed – allows the user to initiate the next part of the screen. Discontinue—allows the user to cancel the next part of the screen The process ends. Important Note: A user can be blocked from changing a persons’ record from “Candidate” to “Hire” if this is enabled in settings. This is a global setting that applies to all background screens. The application does not accommodate conditional statements/logic. If the blocking action is applied, it will apply to all jobs that have background screens enabled. Background Check Dashboard There is a background check dashboard available to help manage background screens across all impacted users. When the user goes to the ‘Manage Background Checks’ page, the system will display cascading background checks in the table with a ‘+’ icon next to it. If the name is long, the system should display the name with an ellipsis (...). The full name will display when the user hovers over the name. When the user clicks on the ‘+’, the section will open to show the status of all products within the package and the dates the products was run. The top level status will show to most current status CONFIDENTIAL We leverage filters allowing administrative users the ability to easily and efficiently search for the information needed. Users can search by: CONFIDENTIAL A persons’ record Background Screen Statuses o Needs Review o Proceed o Continue ….etc. Consent Status o Received o Awaiting Info o Awaiting Parental Consent