Do watch the video above, the process itself is pretty simple. So, what your eMotive email alert or notification look like? See image below and notes below it for details.
- In case of a potential match, the Authorized User (person authorized to receive notifications and alerts) will receive an email containing an embedded and encrypted tracking number, this is a uniquely targeted notification, asking them to log into and check eMotive because they have a potential match. As email isn't considered safe, the alert will look exactly as pictured above; it will not contain any more details.
- The Authorized User will then click on the link and be taken to the main eMotive login page to authenticate details and login.
- If the login information is authenticated, the notification details report screen appears, displaying a side-by-side comparison of the arrested individual and the enrolled employee or contractor or volunteer algorithms have determined they are a potential match to.
- At this point, the Authorized User looks at that side-by-side comparison and makes a determination as to whether they are a match. Do note, the "Trigger Name" is the name of the individual you enrolled in the database with their permission, and the "Trigger Photo" is the photograph of the individual being background checked, an image you enrolled in the database, with their permission. The "Possible Match" is the arrested person suggested as a potential match; you can see arrest details in the second from bottom image above.
- If the Authorized User determines they are not a match, they can dismiss the report and log out. The fact that they did dismiss a notification is logged to maintain a digital audit trail.
- If the Authorized Representative determines they are a potential match, they need to go by what organizational policy is on next steps. From our end, we strongly recommend at least the following in case of a possible determination of a match:
-- The data an Authorized User receives is what's called pointer data -- it points an Authorized User in a direction but is not the final determinant of a match. It is strongly recommended that any Authorized User follows EEOC guidelines.
-- Second, contact the arresting agency to confirm details and get an official copy of record; you're entitled to, as an employer. The arrest or conviction details are provided to facilitate this.
-- Third, if you believe the arrest might NOT be relevant to the conduct and function of the employee/contractor or business necessity, you can either dismiss the report and log out, or save/print a copy of the report for the employee/contractor’s personnel file. Either action is logged.
-- If you opt to put it on file, you need to provide a copy of the report to the employee/contractor also, for FCRA compliance, along with a copy of Consumer Rights Under the FCRA (link at the bottom of your eMotive screen).
-- If you choose to take a pre-adverse action or an adverse action, you need to notify the individual concerned, provide a copy of the investigative report along with Biometrica's contact information, a copy of the Consumer Rights Under the FCRA and look up state laws (look at the jurisdictional laws section at the bottom of your eMotive screen) for complying with state requirements for process, response time, etc.
Please note: This is not legal advice, nor in lieu of legal advice. Please contact your lawyers for legal advice and your supervisors and company HR for company-specific best practices. Please do remember that an arrest is NOT an admission of guilt. Look through our FAQs for more on this.