(19) United States
`(12) Patent Application Publication (10) Pub. No.: US 2008/0306750 A1
`(43) Pub. Date:
`Dec. 11, 2008
`Wunder et al.
`
`US 20080306750A1
`
`(54) EMPLOYMENT SCREENING SYSTEMAND
`METHOD
`
`(22) Filed:
`
`Jun. 8, 2007
`
`Publication Classification
`
`(75) Inventors:
`
`Casey Wunder, Denver, CO (US);
`Robert Piecuch, Wellington, CO
`(US); Michelle H. Oldham, Fort
`Collins, CO (US); Kathryn M.
`Carlson, Fort Collins, CO (US);
`Mark T. Seib, Johnstown, CO
`(US); Tracy R. Nicols, Windsor,
`CO (US); Jason C. Campbell, Fort
`Collins, CO (US); Margaret
`Launer, Windsor, CO (US)
`Correspondence Address:
`CE MILLER LLP
`ONE AMERICAN SQUARE, SUITE 3100
`INDIANAPOLIS, IN46282-0200 (US)
`
`(73) Assignee:
`
`ADP, Inc., Roseland, NJ (US)
`
`(21) Appl. No.:
`
`11/760,512
`
`(51) Int. Cl.
`(2006.01)
`G06Q 10/00
`(52) U.S. Cl. ............................................................ 705/1
`(57)
`ABSTRACT
`A system and method for Screening candidates for compli
`ance with general, employer specific, and/or position specific
`policies. Such policies may be applicable to job applicants,
`potential contractors, existing employees, and/or existing
`contractors (collectively, “candidates'), and may be influ
`enced by law or by best practices. The system compiles data
`based on the policies from both automatic and other data
`Sources. The system also automatically rates the results of the
`data compiled. Through the use of the system, employers may
`easily obtain relevant information about candidates prior to
`engagement or during engagement of the candidate and with
`out the requirement that the employer manually analyze
`screening results.
`
`User System
`
`User System
`
`User System
`
`Service Server
`
`Instant Data Server
`
`
`
`Non-instant Data
`Server
`
`
`
`
`
`
`
`Renote Data
`System
`
`C. f.
`
`Renote Data
`Source
`
`e 8
`
`GUARDIAN EXHIBIT 1015
`Guardian Alliance Technologies, Inc. v. Miller
`
`1
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`Patent Application Publication
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`Dec. 11, 2008 Sheet 1 of 19
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`US 2008/0306750 A1
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`User System
`
`User System
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`
`
`User System
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`
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`Service Server
`
`Instant Data Server
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`FIGURE 1
`
`a 2.
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`Non-Instant Data
`Server
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`Remote Data
`Source
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`es
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`2
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`Patent Application Publication
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`Dec. 11, 2008 Sheet 2 of 19
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`US 2008/0306750 A1
`
`FIGURE 2
`
`CSTART) so
`
`Sign Up for lu- 8 2.
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`Candidate(s)
`
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`Candidates
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`3
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`Patent Application Publication
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`US 2008/0306750 A1
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`FIGURE 3
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`Enter/Select Position Description
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`to 8
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`Patent Application Publication
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`US 2008/0306750 A1
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`Patent Application Publication
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`Dec. 11, 2008 Sheet 5 of 19
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`US 2008/0306750 A1
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`
`
`Review Results
`(Summary Page on Applicant Report)
`Results for John Doe
`Characteristic
`SSN Validation
`First Check
`
`Meets Policy
`
`Rating
`Meets Policy
`
`Criminal Risk
`Larimer County, Colorado Criminai History Report
`Orange County, California Criminal History Report
`Cooke County, Illinois Criminal History Report
`
`<Pending>
`
`Meets Policy
`ides Not Meet Policy
`<in-Process.>
`
`Reference Verification
`Employment Reference Check - McDonalds
`Employment Reference Check- Carl's Junior
`
`Credit Worthiness
`Transunion Credit Report
`
`Indeterminate
`
`<No Rating>
`
`Meets Policy
`indeterminate
`
`<Standard
`
`Overal Order Rating:
`
`DoesNot Meet Policy
`
`FIGURES
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`US 2008/0306750 A1
`
`Dec. 11, 2008
`
`EMPLOYMENT SCREENING SYSTEMAND
`METHOD
`
`FIELD OF THE INVENTION
`0001. This invention relates to a system and method for
`employment, and, more particularly to a system and method
`for screening candidates, consultants, and employees to meet
`certain criteria.
`
`BACKGROUND OF THE INVENTION
`0002 Employers strive to hire and retain employees who
`will make significant contributions during their employment.
`Background screening is one task in the hiring process that
`helps to ensure that qualified candidates are selected for posi
`tions with the employer. Thus, it is common for some employ
`ers to hire third party vendors to run background checks on
`job applicants. Such third party vendors typically run various
`searches (e.g., criminal history search, motor vehicle record
`search, credit checks, etc.) in order to collect a job applicant's
`relevant background information. Such background informa
`tion is compiled into detailed reports based on prerequisites
`established by the employer. The employer then reviews the
`reports, performing extensive analysis thereof, to determine if
`the candidate satisfies its requirements for employment for a
`particular position.
`0003 Generally, the analysis of background checks is per
`formed manually. The manual analysis is required because it
`is usually necessary to compare the standard report results
`provided by the third party vendor against several different
`standards, including the employer's policies, applicable fed
`eral, state, and local laws, and best practices, such as those
`best practices established by a trade association or industry
`group. Accordingly, the manual analysis of the reports is
`highly labor intensive, is Subject to error, and may be incon
`sistent due to human subjectivity in the analysis. Therefore, it
`is desired to provide a system and method for background
`checking of job applicants that produces an automatic, con
`sistent result in determining whether the candidate meets the
`employer's hiring policies and/or applicable federal and state
`laws.
`0004 For some employers, background checks have
`become a matter of course in considering candidates for some
`or all of the positions within the company. However, due to
`the manual labor required and the potential for error or incon
`sistency, when engaging contractors, most employers simply
`require the contractor to attest in the contract with the con
`tractor that the contractor (and the contractor's employees, if
`applicable) meet the employer's policies of the type related to
`the background checks. For example, Such a contract may
`specify that each person used by the contractor on the project
`with the employer has passed a drug test or has not been found
`guilty of a felony.
`0005 While such a contractual provision gives the
`employer the ability to sue the contractor in the event of
`breach, it does not necessarily protect the employer from
`engagement of a contractor who is not suitable in the employ
`er's view, or in the view of applicable federal or state laws. For
`example, consider the situation in which an employer needs
`to hire temporary workers for a day care center, and state law
`prohibits the engagement of any person in a licensed day care
`center to be a child molester, as Such terms is defined in state
`law. If a contractor attests to the fact that its employees have
`not been found guilty of child molestation, but, nevertheless,
`
`uses a person who is a child molester, the employer is likely to
`lose its license to operate as a day care, and may be subject to
`additional liability for acts of molestation by that person
`while engaged by the employer. Thus, it is desired to provide
`a system and method for background checking that can be
`utilized for proposed contracting personnel. As with the sys
`tem and method for job candidates, it is desirable that such a
`system and method avoid the requirement for manual analysis
`of the contractors in view of the desired criteria.
`0006 Because of the effort required for background
`screening, employers have a tendency not to check its
`employees backgrounds after they have been hired. The fail
`ure to check the background of any employee after employ
`ment could be catastrophic. Consider, for example, employ
`ment of an individual at manufacturing facility that uses
`dangerous chemicals in the manufacturing process, with the
`use and distribution of such chemicals strictly regulated by
`federal authorities. Under Such regulations, persons who
`transport the dangerous chemicals must have a valid driver's
`license and cannot be listed on any federal terrorist list. It is
`possible that an employee may have met the employer's hir
`ing policies and federal law at the time he/she was hired, but
`later, unknown to the employer, the employee may have had
`his/her driver's license revoked or be included on a terrorist
`list. Similarly, consider the bank who engages an employee
`who passed all the hiring policies of the bank upon hiring, but
`was later, unknown to the employer, found to be guilty for
`forgery for a matter unrelated to his/her employment with the
`bank. It is desirable to provide a system and method for
`background checking, i.e., for checking an individual against
`desired policies and/or laws, that is simple and cost-effective
`So as to permit an employer to check its employees and/or its
`engaged contractors during the employment/engagement of
`Such persons. It is also desirable to accommodate policies
`other than "hiring policies, as the requirements for continued
`employment/engagement or for promotion may not necessar
`ily be the same as the applicable policies for hiring/engaging
`a particular individual.
`0007 Implicit in the above remarks is the desire to per
`form a myriad of different types of screening in background
`screening. Such screening may include, for example, con
`Sumer-related information, criminal history, regulatory
`requirements, and much more. Criminal reports may differ
`from jurisdiction to jurisdiction, and may also be difficult to
`analyze. Similarly, consumer reports provided as a result of
`background Screening can be complex or time consuming to
`read and decipher to determine whether a candidate is quali
`fied under the employer's policy(ies). As to regulatory
`requirements, each federal, state, or local agency's informa
`tion is likely to be specific to that agency and difficult and/or
`time consuming to analyze. Types of disparate regulations
`and best practices include, for example, those of the Federal
`Trade Commission as related to the Fair Credit Reporting
`Act; local, state, and federal government regulations for can
`didate screening for certain types of positions; federal, state,
`and local employment commissions; and guidelines or best
`practices, such as the human resource guidelines of the Soci
`ety for Human Resource Management.
`0008. Therefore, it is desired to provide a system and
`method for consistent reporting of qualifications based on a
`wide variety of data sources—the sources of the data for
`criteria searched. In this manner, the analysis of the data will
`be much easier for the employer. Further, it is desired to
`
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`
`Dec. 11, 2008
`
`automate the process of analyzing the data collected in view
`of the applicable policies and applicable law.
`0009. Thus, in considering the job applicant, contractor,
`and employee, and to permit for the application of various
`criteria of concern in background checking for these individu
`als, it is desirable to provide an automated process through
`which the collected information is automatically compared
`against predefined parameters. It is also desired that the sys
`tem and method for Screening be implemented in a manner to
`allow an employer to quickly assess whether or not a candi
`date job applicant, contractor (proposed or already engaged),
`employee, and the like) meets certain employment/engage
`ment criteria.
`
`SUMMARY OF THE INVENTION
`0010. The system and method of the present application
`permits for screening of job candidates, employees, contrac
`tors, and the like for qualification to be hired, engaged, pro
`moted, or retained by the employer. Such qualification is
`based on one or more policies of the employer. These policies
`of the employer may be based on general rules, rules estab
`lished by the employer generally, rules established by the
`employer for specific positions, and/or rules established by
`law or by recommended best practices. The rules established
`by law and or best practices may be incorporated into general
`rules, employer specific rules, and/or position specific rules.
`Such best practices may be those promulgated by trade asso
`ciations, for example. Such policies may also differ for hiring
`than for retention or for promotion of an employee and/or
`COntractOr.
`0011 Embodiments of the subject invention comprise an
`automated system for conducting background screening and
`evaluations. The system is capable of automatically and
`objectively evaluating a candidate's relevant background
`information with respect to specified screening policies and
`acceptance levels configured by the employer. Once a candi
`date's background information is obtained and categorized
`with respect to certain predefined criteria, the system rates the
`collected information relative to employer-defined standards.
`Thereafter, the system compiles the rating results into a com
`prehensive report consisting of the different criteria and the
`determined ratings.
`0012 Specifically, the system employs a decision matrix
`to assess a candidate against employer-defined or selected
`criteria. The employer is permitted to select the characteris
`tics to be searched as well as the ratings associated with the
`results of the searches. For example, an employer may indi
`cate that the criteria of the background check must include a
`criminal history and a credit report. An employer is allowed to
`choose if it desires to use a standard Screening policy or if it
`prefers a customized screening policy, or any various combi
`nations thereof. If the employer wishes to customize a screen
`ing policy, a decision matrix is created based on the employ
`er's standards in its specific screening policies and any
`applicable laws. The employer can utilize different decision
`matrices based upon the position for which they are screen
`ing. The background checks are then configured into the
`generated decision matrix and rated according to the appli
`cable standards. Such background checks may include, but
`are not limited to, criminal history checks, motor vehicle
`records, Social security number validation, credit reports,
`bankruptcy reports, civil court reports, sexual offender
`reports, government sanctions registry, and workers’ compen
`sation claims reports.
`
`0013 The ratings given to the different criteria or charac
`teristics may comprise the labels: 1) Meets Policy, 2) Inde
`terminate, or 3) Does Not Meet Policy, as well as similar
`ratings with alerts. According to one embodiment, a rating of
`“Indeterminate' indicates that further detail may be neces
`sary on a certain characteristic, thereby denoting that the
`employer should manually analyze a particular piece of infor
`mation. In addition, the system is capable of displaying dif
`ferent levels of detail with respect to the reports (results of the
`searches) and ratings. For example, a first level of ratings may
`be utilized to initially determine whether or not a job candi
`date has a criminal history, and, if so, if the criminal history
`conflicts with the employer's applicable policy(ies). In the
`event the candidate's report indicates several criminal occur
`rences, the system may further categorize the criminal occur
`rences and rate them at a second level, thereby providing
`further detail with respect thereto (i.e. conviction date, crime
`detail etc.). Therefore, an employer can immediately differ
`entiate between, for example, a crime of dishonesty and a
`crime of recklessness, Such that the employer can readily
`determine if the candidate meets its specific hiring policy.
`Once the background information is rated, the individual
`ratings may be tallied into one overall rating, such as "Appli
`cant Meets Policy” or “Applicant Does Not Meet Policy”,
`which is then displayed in a manner that is easily accessible to
`the employer.
`0014. In one embodiment, the system of the present appli
`cation for evaluating a candidate based on a predetermined
`policy comprises a processor, data storage media operably
`connected to the processor, and a data source operably con
`nected to the processor. The data storage media (disk drive,
`RAM, or other storage media well known in the art) stores
`data representative of a candidate. The data storage also stores
`a decision matrix representative of the predefined policy. The
`decision matrix includes a characteristic for evaluation of the
`candidate and at least one rating for the characteristic. The at
`least one rating is based on the characteristic.
`0015 The data source of the system, in response to a
`request from the processor, provides the processor with data
`representative of the characteristic based on the data repre
`sentative of the candidate. The processor is capable of com
`paring the data representative of the characteristic provided
`by the data source to the characteristic of the decision matrix,
`and then to determine the corresponding at least one rating for
`the characteristic based on that comparison.
`0016. There are several variations of the system presented
`herein. Any data source may comprise an instant data
`Source—a computing device having access to one or more
`databases that is capable of automatically accepting the
`request for a search from the processor and automatically
`providing the results of the search for that candidate to the
`processor. Any data source may comprise a non-instant data
`Source—the combination of an input device for communica
`tion with the processor and a remote data Source accessed by
`an intermediary. For a non-instant data source, in response to
`the request for a search as seen by an intermediary at the input
`device, the intermediary retrieves the appropriate data from
`the remote data source and then inputs that data into the input
`device.
`0017. Different types and more than one policy may be
`stored in the data storage and processed by the processor
`according to the present application. Such policies are
`reflected in decision matrices, and may comprise a general
`policy, an employer specific policy, or a position specific
`
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`US 2008/0306750 A1
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`Dec. 11, 2008
`
`policy. The decision matrices may be established by the sys
`tem, a user, or both, and may be influenced by applicable law
`or by best practices.
`0018. The system is not limited to handling a single char
`acteristic for any policy. Multiple characteristics may be
`included in any one policy, and, hence, any one decision
`matrix stored on the data storage. A single decision matrix
`may require access to several data sources. Multiple types of
`ratings, and ratings of combinations of ratings may be estab
`lished in the decision matrix.
`0019. The system of the present application may include a
`separate user system in bidirectional communication with the
`processor, Such as is often used in what is known as an
`“application service provider environment'. Alternately, the
`processor and user system could collectively comprise a com
`puting device. Such as often used in a stand alone computing
`system. In either case, the system requires bidirectional com
`munication of the processor with each data source to send
`requests for information and to receive information from each
`data source. Of course, only those data sources having rel
`evant information for the characteristics of the search request
`will need to be accessed for the requested search.
`0020. In one embodiment, the method of evaluating a can
`didate based on a predefined policy according to the present
`application utilizes a system of the present application. With
`the system, the processor retrieves from the data storage
`media the candidate information and the decision matrix. The
`processor then sends to the data source a request to search for
`data representative of the characteristic based on the data
`representative of the candidate. The data source then provides
`to the processor the data representative of the characteristic
`for the candidate. The processor compares the data represen
`tative of the characteristic for the candidate as provided by the
`data source to the characteristic of the decision matrix to
`determine at least one rating for the characteristic for that
`candidate.
`0021. The system and method of the present application
`provide an easy to use, configurable screening system. The
`system can be used to retrieve data available from electronic
`Sources and from non-electronic Sources or remote sources.
`Candidates are automatically rated with the system and
`method of the present application, thereby eliminating the
`requirement of the employer to analyze the results of screen
`ing searches. The simplicity and convenience of the system
`from the user's perspective means that the system can be used
`for purposes other than screening of job applicants. The sys
`tem is useful for potential contractors, and for checking exist
`ing employees and existing contractors for promotion, con
`tinued compliance with policies, compliance with new
`policies, and compliance with changed policies.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`0022 FIG. 1 shows a schematic diagram of one embodi
`ment of the system for screening candidates according to the
`present application;
`0023 FIG.2 shows a flow chart of one embodiment of the
`method of Screening candidates according to the present
`application;
`0024 FIG.3 shows a flow chart of another embodiment of
`the method of screening candidates according to the present
`application;
`
`0025 FIG. 4 shows a schematic diagram of one embodi
`ment of the process of rating, correcting ratings, monitoring
`errors with the rating engine according to the present appli
`cation;
`0026 FIG. 5 shows one embodiment of a sample report
`resulting from the system for screening candidates according
`to the present application;
`0027 FIG. 6 shows a screen shot of one embodiment of a
`log-on screen according to the present application;
`0028 FIG. 7 shows a screen shot of one embodiment of a
`screening tools screen according to the present application;
`0029 FIG.8 shows a screen shot of one embodiment of an
`account settings Screen according to the present application;
`FIG. 9 shows a screen shot of one embodiment of a hiring
`policy setup screen according to the present application;
`0030 FIG. 10 shows another screen shot of an embodi
`ment of a hiring policy setup screen according to the present
`application;
`0031
`FIG. 11 shows a screen shot of the embodiment of
`the account settings screen of FIG.8 wherein the hiring policy
`is now enabled;
`0032 FIG. 12 shows a screen shot of one embodiment of
`the action items screen according to the present application;
`0033 FIG. 13 shows a screen shot of one embodiment of
`the screen a new candidate screen according to the present
`application;
`0034 FIG. 14 shows a screen shot of one embodiment of
`a candidate entry Screen according to the present application;
`0035 FIG. 15 shows a screen shot of the embodiment of
`the screen a new candidate screen of FIG. 13 having data
`filled therein;
`0036 FIG. 16 shows a screen shot of the embodiment of
`the screen a new candidate screen of FIG. 15 indicating that
`results have been determined for certain of the candidates:
`0037 FIG. 17 shows a screen shot of one embodiment of
`an order Screen according to the present application;
`0038 FIG. 18 shows a screen shot of the embodiment of
`the screening tools screen of FIG. 7 showing the status of
`candidate Screening; and
`0039 FIG. 19 shows a screen shot of screening search
`results for a particular candidate according to one embodi
`ment of the invention.
`
`DETAILED DESCRIPTION OF PREFERRED
`EMBODIMENTS
`0040. Referring now to FIG. 1, there is shown a schematic
`diagram of one embodiment of the system for Screening can
`didates according to the present application. In this embodi
`ment, system 50 includes first user system 52, second user
`system 54, and third user system 56. System 50 also includes
`service server 58, instant data server 60, non-instant data
`server 62, remote data system 64, intermediary 66, and
`remote data source 68. Each of first user system 52, second
`user system 54, third user system 56, service server 58, instant
`data server 60, and non-instant data server 62 are in bidirec
`tional communication with network 70.
`0041
`First, second, and third user systems 52,54, and 56,
`respectively, each comprise terminal devices used by employ
`ers to log onto, establish an account, establish settings, enter
`data, and retrieve results from service server 58. Data entered
`at first, second, and third user systems 52,54, and 56, respec
`tively, is also received at service server 58 via network 70.
`Such terminal devices include computers, terminals, personal
`data assistants, telephones (both wired and wireless), and
`
`23
`
`

`

`US 2008/0306750 A1
`
`Dec. 11, 2008
`
`other devices capable of receiving input and presenting
`results to a user. Input may be made by keyboard, Voice
`recognition, or other input mechanisms well known in the art.
`Presentation of results may be made on a display, in print,
`orally, or by other output devices well known in the art.
`Network 70 comprises one or more networks facilitating bidi
`rectional communication between the devices connected to
`network 70. Thus, network 70 may include the internet, local
`area networks, wide area networks, infrared communications
`networks, other wireless networks, and/or satellite networks,
`for example.
`0042 Service server 58 comprises one of more computing
`devices operated by a service provider. By service server 58,
`the service provider is making the service of candidate
`screening available to employers. Service server 58 com
`prises or is connected to one or more data storage means, such
`as databases, capable of storing data related to System access,
`hiring policies, candidates, and screening results.
`0043. Instant data server 60 comprises one or more com
`puting devices capable of receiving requests from service
`server 58 and automatically providing results to service
`server 58 in response to a request from service server 58.
`Instant data sever 60 is also capable of retrieving results from
`one or more databases (not shown) made a part of or con
`nected to instant data server 60. Non-instant data server 62
`comprises of one or more computing devices or terminal
`devices capable of receiving requests from service server 58
`and sending data collected by intermediary 66 from remote
`data system 64 and/or remote data source 68 to service server
`58. Remote data system 64 may comprise a computing device
`having one or more databases (not shown) as a part thereofor
`connected thereto. Remote data source 68 may comprise a
`non-computing device having access to one or more database,
`electronic files, and/or files of printed materials searchable by
`intermediary 66 according to data sent to non-instant data
`server 62 from service server 58. For example, remote data
`Source 68 may comprise paper court files, printed results from
`a court system that is not linked to or available to service
`server 58, or a CD provided by a court in response to the
`request for information.
`0044 Both instant data server 60 and non-instant data
`server 62 are in bidirectional communication with service
`server 58 so as to also receive data from service server 58 and
`to communicate results to service server 58. While the
`embodiment of FIG. 1 shows service server 58 connected to
`instant data server 60 and non-instant data server 62 via
`network 70, it is contemplated to be within the scope of the
`invention for service server 58 to be directly connected or
`connected through another network or series of networks to
`instant data server 60 and/or to non-instant data server 62.
`0045. As previously stated, service server 58, instant data
`server 60, non-instant data server 62, remote data system 64,
`and, optionally, remote data source 68 comprise computing
`devices. Examples of computing devices include computers,
`servers, other processors, or any combination thereof. Non
`instant data server 62 is required to have a mechanism to
`present to intermediary a request from service server 58, and,
`if the results are provided in electronic form to non-instant
`server 62, to present such results to intermediary 66 input
`mechanisms include keyboards, Voice recognition, or other
`input mechanisms well known in the art. Presentation mecha
`nism include a display, printer, speaker, or other presentation
`mechanisms well known in the art.
`
`0046 Intermediary 66 is representative of human inter
`vention—one or more manual operations by one or more
`persons. Intermediary 66 is necessary to retrieve data from
`remote data source 68.
`0047. It will be appreciated by those of skill in the art that
`the system of FIG. 1 is illustrative of a system known as an
`application service provider System—one in which the Soft
`ware is made available to users on a service provider's server
`(in this embodiment, service server 58). It is contemplated to
`be within the scope of the invention for user systems to be
`computing devices having software thereon of the type
`loaded on the service provider's server for the purpose of
`entering and retrieving from instant and non-instant servers
`screening information for candidates. In this environment, the
`user system will need to have access to instant data source 60
`and non-instant data source 62. Such as by one or more net
`works.
`0048 FIG. 2 shows a flow chart of one embodiment of the
`method of Screening candidates according to the present
`application. In this embodiment, the process starts a step 80
`when a user (an authorized user of an employer) accesses
`service server 58 over network 70 via one of first, second, or
`third user sys