Pre Employment Screening Articles

WHEN 24-year-old medical receptionist Susan Pickering was first confronted by a client who abused and threatened her, she felt defenceless and alone.

“I was really scared,” she said. “The man was about six feet tall and he was really violent towards me. I felt like he could have come around behind my desk and done anything.”

But with more than five similar cases to speak of in her two years at the clinic, a report shows Ms Pickering’s experience is common.

The report, Safe at Work? Women’s Experience of Violence in the Workplace, released yesterday by the state Office of Women’s Policy, shows 61 per cent of Victorian women have experienced violence in the workplace in the past five years.

The report, which surveyed 1000 women in several industries, also found a reluctance to report violence. Only 59 per cent of women reported incidents to their employers.

But while many women were quietly bearing the costs, so were employers. The report revealed more than 11 per cent of respondents were taking sick leave to deal with the problem while another 3.5 per cent were making WorkCover claims.

This was not a surprise to Slater & Gordon partner Hayden Stephens. “We are seeing more cases but it is unclear whether this is because there is actually more violence happening at work or because victims are more aware of their rights,” he said.

Mr Stephens said it paid for employers to prevent the problem rather than fight it in court because of the legal avenues open to workers.

“Violence in the workplace can lead to people seeking a range of legal remedies, including unfair dismissal claims, discrimination cases, claims under industrial law, and workers compensation,” he said.

Source: The Age: http://www.theage.com.au/news/business/violence-at-work-not-rare-report/2005/09/15/1126750078931.html

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A new federal rule requires businesses and individuals to take appropriate measures to dispose of sensitive information derived from consumer reports. Any business or individual who uses a consumer report for a business purpose is subject to the requirements of the Disposal Rule, a part of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), which calls for the proper disposal of information in consumer reports and records to protect against “unauthorized access to or use of the information.”

The standard for the proper disposal of information derived from a consumer report is flexible, and allows the organizations and individuals covered by the Rule to determine what measures are reasonable based on the sensitivity of the information, the costs and benefits of different disposal methods, and changes in technology. Although the Disposal Rule applies to consumer reports and the information derived from consumer reports, the FTC encourages those who dispose of any records containing a consumer’s personal or financial information to take similar protective measures.

The Rule applies to people and both large and small organizations that use consumer reports, including: consumer reporting companies; lenders; insurers; employers; landlords; government agencies; mortgage brokers, car dealers; attorneys; private investigators; debt collectors; individuals who pull consumer reports on prospective home employees, such as nannies or contractors; and entities that maintain information in consumer reports as part of their role as a service provider to other organizations covered by the Rule.

The Disposal Rule applies to consumer reports or information derived from consumer reports. The Fair Credit Reporting Act defines the term consumer report to include information obtained from a consumer reporting company that is used - or expected to be used - in establishing a consumer’s eligibility for credit, employment, or insurance, among other purposes. Examples of consumer reports include credit reports, credit scores, reports businesses or individuals receive with information relating to employment background, check writing history, insurance claims, residential or tenant history, or medical history.

The Rule requires disposal practices that are reasonable and appropriate to prevent the unauthorized access to - or use of - information in a consumer report. For example, reasonable measures for disposing of consumer report information could include establishing and complying with policies to: burn, pulverize, or shred papers containing consumer report information so that the information cannot be read or reconstructed; destroy or erase electronic files or media containing consumer report information so that the information cannot be read or reconstructed; or conduct due diligence and hire a document destruction contractor to dispose of material specifically identified as consumer report information consistent with the Rule. Due diligence could include: reviewing an independent audit of a disposal company’s operations and/or its compliance with the Rule; obtaining information about the disposal company from several references; requiring that the disposal company be certified by a recognized trade association; or reviewing and evaluating the disposal company’s information security policies or procedures.

Financial institutions that are subject to both the Disposal Rule and the Gramm-Leach-Bliley (GLB) Safeguards Rule, which requires institutions to take steps to protect sensitive customer information, should incorporate practices dealing with the proper disposal of consumer information into the information security program that the Safeguards Rule requires. Information is available at http://www.ftc.gov/privacy/privacyinitiatives/safeguards.html.

The FTC has issued a new publication, “New Rule Seeks to Protect Privacy by Requiring Proper Disposal of Sensitive Consumer Information,” available at http://www.ftc.gov/bcp/conline/pubs/alerts/disposalalrt.htm, to educate businesses about the new requirements.

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