ASIS CPP - Personnel Security (Part 1) Flashcards
1
Q
Civil Rights
The Civil Rights Act of 1964
Prohibits discrimination, failure or refusal to hire, discharge, limitation, segregation, or classification in any way adverse to an employee or employment applicant on the basis of race, color, religion, sex, or national origin
A
2
Q
Civil Rights
Together with the Age Discrimination in Employment Act of 1967 & the Equal Pay Act of 1963, make up a formidable federal legal arsenal to suppress discrimination in employment
A
3
Q
Civil Rights
Bringing a charge under federal civil rights law results in an investigation by the Equal Employment Opportunity Commission (EEOC)
A
4
Q
Civil Rights
Created by the Civil Rights Act of 1964
A
Equal Employment Opportunity Commission (EEOC)
5
Q
Civil Rights
Equal Employment Opportunity Commission (EEOC)
A
Investigates employment discrimination that violates Title VII of the Civil Rights Act and its amendments
6
Q
Civil Rights History
- 24th Amendment to the Constitution barred poll taxes in 1964
- US Supreme Court ruled “one man, one vote” in 1964
- Civil Rights Act of 1964
- Affirmative action began in the early 1960’s & guidelines were toughened in 1969 & 1970
- The EEOC & office of Federal Contract Compliance helped make significant progress in minority and female employment opportunities
A
7
Q
Civil Rights
American’s with Disabilities Act (ADA) 1990
- Expanded the Access Board’s mandate to include
A
- Developing the accessibility guidelines for facilities & vehicles covered by the law
- Providing technical assistance & training on the guidelines
- Conducting research to support & maintain the guidelines
8
Q
Civil Rights
Americans with Disabilities Act (ADA)
A
- Title 1 addresses attitudinal barriers
- Titles 2 & 3 address physical barriers
9
Q
Civil Rights
What is the key to accommodating disabled persons?
A
Accessibility
10
Q
Civil Rights
A permanent or transitory psychological, physiological, or anatomical loss or abnormality of structure or function, such as an amputated limb, paralysis after polio, diabetes, mental retardation, impaired hearing, near-sightedness
A
Impairment
11
Q
Civil Rights
Restriction on, or prevention of, carrying out an activity because of an impairment in the manner or within the range considered normal for a human, such as a difficulty in walking, seeing, speaking, hearing, counting, lifting, reading, writing, etc…
A
Disability
12
Q
Civil Rights
A disability that interferes with what is expected at a particular time in one’s life such as an inability to care for oneself
A
Handicap
13
Q
Civil Rights
Occurs when some employees or applicants are treated less favorably than others, based on race, color religion, sex, or national origin; plaintiff must prove intent
A
Disparate Treatment
14
Q
Civil Rights
Occurs when an employer’s practices, though facially neutral, fall more harshly on one group or another, without a justification of business necessity, no proof of intent is required
A
Disparate Impact
15
Q
Civil Rights
A selection rate for any race, sex, or ethnic group less than 4/5 of the rate for the group with the highest rate will generally be regarded by federal enforcement agencies as evidence of adverse impact
A
“Four-Fifths Rule”
16
Q
Civil Rights
Requires employers to give equal pay for equal work regardless of age, sex, national origin, etc…
A
Equal Pay Act (1963)
17
Q
Civil Rights
EEOC Definition of Harassment
A
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment
18
Q
Civil Rights
Harassment
A
- Submission to such conduct is made either explicitly or implicitly a term on condition of an individual’s employment
- Submission to a rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment
19
Q
Civil Rights
BFOQ
Bona fide Occupational Qualification
(Title 7 of the Civil Rights Acts of 1964)
A
20
Q
Civil Rights
The member of a “favored” or majority group alleges that he or she was the victim of discrimination by a member of a “disfavored” or minority group
A
Reverse Discrimination
21
Q
Civil Rights
The employer does not discriminate against the entire class, such as all women, but only against a subcategory of the class, such as women with children, married women, or women of childbearing age
A
Sex Plus Discrimination
22
Q
Labor Law
Taken together, the following make up the bulk of the national labor relations law of the US
A
- The National Labor Relations Act (Wagner Act 1935)
- Labor-Management Relations Act (Taft-Hartley Act 1947)
- Labor-Management Reporting & Disclosure Act (Landrum-Griffin Act 1959)
23
Q
Labor Law
National Labor Relations Act
(NLRA 1935)
A
- Most significant “foundational” labor relations law
- Known as the “Wagner Act” after its sponsor Senator Robert Wagner, it remains the fundamental charter of organized labor
- Gave workers the right to representation in collective bargaining
- Amended in 1947 by the Taft-Hartley Act
24
Q
Labor Law
Labor Management Relations Act (1947)
A
Known as the Taft-Hartley Act
25
Labor Law
Labor-Management Reporting & Disclosure Act (1959)
Known as Landrum-Griffin Act
Prohibited **_"hot cargo" agreements_**
26
Labor Law
Voluntary agreements between a union and a neutral employer by which the employer agrees to cease handling or otherwise dealing with the products of a company with which the union has a dispute
"Hot Cargo" Agreements
27
Labor Law
Activities defined as unfair labor practices by the NLRA
- Interfering with restraining or coercing employees in the exercise of their rights
- Dominating or interfering with the information of any Labor organization or contributing financial or other support to it
- Encouraging or discouraging membership in any labor organization
- Discharging or discriminating against any employee because he or she filed charges or gave testimony under NLRA
- Refusing to bargain with representatives of a majority of the employees in the bargaining unit
28
Labor Law
What is a basic test of unfair labor practice?
Whether it results in or is likely to result in, the kind of coercion or discrimination prohibited by the NLRD
29
Labor Law
Secure activities that may contribute to unfair labor practice charges
- controlling admittance to the work site through checkpoints
- Addressing the presence or distribution of union literature on employer property
- Investigating the background or activities of a job application or current employees
- Security investigations into protected, legal union activities can be considered unfair labor practices
- Use of undercover investigations during periods of labor turmoil or during an organizing campaign is particularly perilous
30
Labor Law
Security activities that may contribute to unfair labor practice...ctd
- undercover investigators should avoid learning about union activities when investigating legitimate concerns, and should not report such information if learned
- Background investigations that inquire about prior union membership, in conjunction with a finding of more-than-random rejection of applicants with union background may be considered an unfair labor practice
31
Labor Law
Types of strikes
Economic Strike
Unfair Labor Practice Strike
32
Labor Law
Strike Planning
(three phases of planning
Pre-strike Planning
Strike Operations
Post strike analysis & evaluation
33
Labor Law
Planning for a strike begins with?
The first indication a strike my occur
34
Labor Law
Executive management should develop a temporary organization chart that clearly delegates on-the-spot decision-making authority to one or more individuals who will always be present
35
Labor Law
Central Planning Center
- Coordinates matters concerning internal operations & strike strategy and includes executive liaison
- The senior executive should be located here
- Security planning center: coordinates physical security matters; the senior security executive should be located here
36
Labor Law
The chief weapon of strikers other than withholding their labor is...?
Discourage access to the facility & prevent shipments to/from the facility
37
Labor Law
The basic premise for planning access to a struck facility is...?
To use the fewest entries possible
38
Labor Law
Where should the labor strike entry be?
- Located in areas easily policed
- They should be situated so that loss of control by police would produce traffic control problems
39
Labor Law
Normally vehicular access to a struck facility is preferred
40
Labor Law
It is important to refrain from documenting ____ activities but to be sure to document \_\_\_\_activities as fully as possible?
- Avoid documenting legal activities
- Be sure to document illegal activities
41
Labor Law
What legal doctrine of precedent does not apply to arbitration
Starte Decisis
42
Labor Law
Objectives of Security handling strikes
- Prevent injury & property damage
- Preserve the integrity of the work site for the early resumption of normal activities
- Maintain order
43
Labor Law
Security must do the following to meet its objectives during a strike
- Plan properly
- Deploy resources effectively
- Respond quickly to incidents
44
Labor Law
Security must be seen as taking what kind of position during labor disputes?
Neutral
45
Labor Law
Directions to field security must come directly from who?
Security Department
46
Labor Law
The most important external relationship during a strike is with who?
Local Police
47
Labor Law
In the handling of strikes, it is best to follow what?
Incident Command Protocols
48
Labor Law - Strikes
What is the "clear zone"?
It should be maintained between the perimeter & parked vehicles or stored materials
65 - 100 ft.
49
Labor Law
This better zone (clear zone) serves 3 purposes
1. Moves target a considerable distance from the picket time
2. It creates a clear area in which any person is immediately obvious
3. it establishes a positive line of demarcation between company security forces & police
50
Labor Law
An existing guard force should be placed on emergency status to maintain maximum manpower during peak periods
Overlapping shifts often provides this coverage
51
Labor Law
If no guard force is available, supervisory personnel should be organized into a patrol group
The patrol function is not to enforce the law but to detect the presence of a crime & promptly report to the police
52
Labor Law - After Strike
When the strike ends, what should security do immediately?
Quickly dismantle perimeter strike measures & restore the appearance of normal operations
53
Labor Law
It is critical that **_police commanders_** be informed immediately when a strike ends
54
Employee Screening
Verification of applicant-provided information
Background Check
55
Employee Screening
Active search for information uncovers hidden information
**Background Investigation or Screening**
56
Employee Screening
What can be used alone or in conjunction with other information to identify a specific person
**Personally identifiable information (PII) or Identifying Information**
57
Employee Screening
A piece or pieces of information that can be associated with a unique individual & can result in harm to the individual if misused, particularly with regard to identifying theft
Sensitive PII (SPII)
58
Employee Screening
The best way to avoid employee theft?
**Don't hire a thief; the best way not to hire a thief is to investigate a potential employee's background**
59
Employee Screening
The best prevention of exposure to workplace violence is...
**Pre-employment Background Investigation Program**
60
Employee Screening
Industries subject to governmental regulations for background screening typically
- Involve contact with vulnerable populations such as children or the elderly
- Require professional licensing
- Presents some type of high risk
61
Employee Screening
The obligation to maintain a safe workplace arises from common law, including the following legal principles
**- Premises Liability**
**- Respondent Superior**
**- Sexual & other forms of harassment prohibitions**
**- Negligence**
62
Employee Screening
The value of an objective, fair, & competent pre-employment background screening is...?
**That it will permit determination of facts not otherwise verifiable or known**
63
Employee Screening
As with many security programs, what first requires support from upper-management?
**Development of a pre-employment screening & background investigation program**
64
Employee Screening
A **_comprehensive_**, _**legally** **permissible**_, **fairly executed** background investigation & pre-employment screening program is **_confirmatory**_ & _**investigative_** in nature
65
Employee Screening
In the pre-employment background screening process, as with any part of the hiring process, what 2 things are vital?
**Consistency & Relevance**
66
Employee Screening
Benefits of a pre-employment screening program
- Discourages applicants with something to hide
- Encourages applicants to be honest during the interview process
- Applicants know the information they provide will be scrutinized
67
Employee Screening
Benefits of a Pre-employment Screening Program (ctd...)
- Demonstrates due diligence
- Ensures that the candidate has the background, education, experience, & skills he or she claims
- Hiring decisions can be based on facts, not instincts or promises
68
Screening
The scope of the pre-employment background screen typically addresses 3 key elements
1. Identity verification
2. Personal history verification
3. Credentialing
69
Screening
Screening programs vary according to...
- Access to information
- Nature of the position
- Potential liability associated with incorrect job performance
- Industry regulations
70
Screening
Generally, the higher the levels of responsibility **_the more involved the pre-employment screening should be_**
71
Screening
What is the "common foundation" of pre-employment screening programs include?
**_Data Collection & Background Investigation/Screening_**
72
Screening
What is important to have already established prior to beginning any pre-employment background screening process
**Company policies on the scope of the screens & handling of results**
73
Screening
What does the investigator not do in a background investigation?
**Does not reveal derogatory information received from interviews or other sources to subsequent interviewees**
74
Screening
A pre-employment screening policy should be...
**Cost-effective & conduct the most expensive components of the process last**
75
Screening
The primary reasons for governmental restrictions on pre-employment screening
Privacy & Data Protection
76
Screening
The information that background investigation databases provide should be treated as **_supplimental_**
77
Screening
Employers must _disclose negative findings_ to an applicant & allow him or her to correct false or misapplied information
78
Screening
According to the FCRA "a denial of employment or any other decision for employment purposes that adversely affects any correct or prospective employee"
Adverse Action
79
Screening
Required to inform the consumer that adverse action has been taken
Adverse Action Notice
80
Screening
Criminal convictions are typically public information (Defined under FOIA as...)?
"Public Interest Issues"
81
Screening
Overseen by the FTC?
Fair Credit Reporting Act (FCRA)
82
Screening
FCRA
Established specific requirements that apply _when an employer uses a third party to help conduct a pre-employment background screen and generate a consumer report for the employer_
83
FCRA
## Footnote
Addresses the rights & obligations of four groups
1. Consumer reporting agencies
2. Users of consumer information
3. Furnishers of consumer information
4. Consumers
84
FCRA
## Footnote
A consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, associates or those with knowledge of the consumer
Investigative Consumer Report
85
Screening
There is no FTC/FCRA rule that consumer information must be destroyed, however, the law does contain provisions for the destruction of the information should an employer choose to do so
86
Screening
A claim must be made within 2 years of learning of the discrimination and not more than 5 yrs. after the discriminatory act
FCRA Statute of Limitations
87
Screening
FLRA limitations on reporting of criminal history
- Arrest records: within the last 7 years
- Conviction records: no limit
88
Screening
If employers or recruiters use the internet directly without engaging the services of a CRA, the federal FCRA is not involved and its restrictions do not apply
89
Screening
Government Records
A government program available to employers to verify an individual's identity & right to work status, & can only be used after acceptance of an offer of employment & execution of an I9
E-Verify
90
Military Records
Certificate of release or discharge from Active Duty
DD - 214
91
Applications & Resumes
Verifying the experience & qualifications presented by the applicant
"Credentialing"
92
Applications & Resumes
Provides the first indication of whether an applicant is qualified for a position
Resume
93
Screening
The most common discrepancies in resumes
Education
Job Titles
Dates of Employment
94
Screening (Applications & Resumes)
Irrespective of whether the applicant offers a resume the employer should require the applicant complete a standard application form, which should be designed by the company
- It is important for a company not to accept a resume in lieu of an employment application or complete work history, because it is a promotional device, and it is difficult to hold an applicant strictly accountable for the information it contains
- Employment applications are the basic starting point for pre-employment screening
95
Screening
What helps ensure uniformity, the obtaining of all necessary information, & a place for applicants to sign certain necessary statements
Employment Application
96
Screening
Since applications are legally considered tests to determine suitability for a position, they must not have an adverse impact on applicant's who are part of a protected class
97
Screening
Applicant falsifications generally fall into 2 categories
- Willful omissions of material facts
- Misrepresentations of material facts
98
Screening
Some individuals believe the information provided by personal (listed) references is of no value because they are friends & would only say good things about the subject
- Actual experience shows this often not true
- Personal references may gratuitously provide information unfavorable to the person who listed them
99
Screening
Ideally, criminal information should be requested int he broadest possible context such as requesting information on convictions, guilty pleas & nolo contendere
100
Screening
Red flags on the application
- Unassigned forms
- Incomplete addresses or use of post office box numbers
- Names of school but not the dates of attendance, or the degrees conferred
- School w/ unfamiliar names
- Conflicting dates of employment, education, or military service
- Gaps in employment (all gaps in employment or life history, if more than one month, should be investigated)
101
Screening
Red Flags (contd...)
- Changes of occupation/trade
- Sketchy employment information or former employer out of business
- Social security number variance
- Omission of reasons for leaving
102
Screening
A well-planned & executed interview can accomplish three goals
1. Convoy critical information to the applicant in order to discourage inappropriate applicants and to encourage honesty
2. Allow for the transfer of missing information from the applicant to the employer
3. Permit an assessment of the candidate
103
Screening
Applicant interviews should be conducted **_in person_**
104
Screening
Selection tools or tests...
- Should be used in combination to make a hiring decision
- Must be interpreted correctly
- May have consequences for the organization if improperly administered
- Personality test
105
Screening
This type of testing is particularly helpful in determining an applicant's compatibility with a position
Personality Tests
106
Screening
Integrity or honest test
Measure an applicant's propensity toward undesirable behaviors
- Lying
- Stealing
- Drug or alcohol abuse
107
Screening
Two categories for integrity or honesty tests
1. Overt or direct testing asks explicit questions about an applicant's past dishonest acts or behaviors
2. Personality-oriented or indirect tests examine concepts such as dependability & respect for authority
108
Screening
Intelligence Tests
- Consist of logic problems, word problems, pattern identification & other questions
- Intelligence is a good predictor of job performance
109
Aptitude Tests
Measure cognitive ability in a particular area, such as...
- Memory recall
- Vocabulary
- Numerical perception
110
Screening
Two most common cases for drug testing are...
- Pre-employment
- Random
111
Screening
Drug testing policy must be communicated to all applicants & employees
112
Screening
What should be treated as confidential medical information to protect employee privacy & avoid liability
**Substance abuse test results**
113
Screening
Requires all businesses connected with the federal government & receiving grants over $25,000 to certify they have policies for creating & maintaining a drug-free workplace
Drug-Free Workplace Act of 1988
114
Screening
The DHHS-5 refers to the five controlled substances (in addition to alcohol) an employer may test for under federal regulations
Marijuana
Cocaine
Amphetamines
Opiates
PCP
115
Screening
Under the ADA, what are not considered medical examinations? but alcohol tests are?
Drug Tests
116
Screening
Preliminary Drug Tests
- Immunoassays
- Radioimmunoassays (most accurate)
- Thin layer chromatography (most common & least expensive)
117
Screening
Confirmatory Drug Tests
- Highly accurate & identify the type of drug or metabolite present, & its concentration
- High-performance liquid chromatography
- Gas chromatography
- Gas chromatography/mass spectrometry (most accurate)
118
Screening
Federal law requires testing of urine for drugs and saliva or breath for alcohol although states have latitude
119
Screening
For failure to split a drug test sample in a state that requires it, a terminated employee must be reinstated
120
Screening - Polygraph Tests
Generally used in 3 types of applications
- Criminal investigations
- Periodic employee testing
- Pre-employment screening
121
Screening - Polygraph Tests
Rarely used for pre-employment screening with some questions
122
Screening - Polygraph Tests
Contemporary polygraph equipment measures 3 responses simultatenously
Breathing Pattern
Blood Pressure & Pulse
Skin Resistance to External Current
123
Screening - Polygraph Tests
Which stage is the most important stage in the polygraph process?
Pre-stage of Questioning
124
Screening - Polygraph Tests
Most important elements of success in polygraph use
- Relevant-irrelevant (R-I) technique: may produce many false-positives
- Control Question (CQ) technique
- Directed lie control (DLC) technique
125
Screening - Polygraph Tests
An extremely nervous person does not make a suitable subject for an examination
126
Screening - Polygraph Tests
Prohibits any private employer (engaged in or affecting interstate commerce, or producing goods for interstate commerce) from requiring & employee or candidate to take any lie detector test, or from using the results of any lie detector test
Employee Polygraph Protection Act (EPPA 1988)
127
Screening - Polygraph
A polygraph, dictagraph, voice stress analyzer, psychological stress evaluator, or similar device, whether mechanical or electrical, that is used or whose results are used to reach an opinion as the honesty of an individual
Lie Detector
128
Screening - Polygraph
An instrument that continuously, visually, permanently, & simultaneously records changes in cardiovascular (blood pressure) respiratory (breathing) & electrodermal (skin electrical property) patterns
Polygraph
129
Screening
Employer's primary business consists of providing armored car, security alarm, or other security personnel
130
Screening - Polygraph Tests
Employer's function includes the protection of
- facilities, materials, or operations having a significant impact on US national security or the health or safety of any state
- Currency negotiable instruments precious commodities or instruments or proprietary information
131
Screening - Polygraphs
Applies to testing by any employer manufacturing distributing controlled substances in any of the first four schedules of the Controlled Substances Act, under the following conditions
Drug Security Exemption
132
Screening - Polygraph Tests
Government & National Security Exemption
- Department of Defense (DoD)
- Department of Energy (DoE)
- Central Intelligence Agency (CIA)
- Defense Intelligence Agency (DIA)
- National Security Agency (NSA)
- Federal Bureau of Investigation (FBI)
133
Screening - Polygraph
Prohibited in the private workplace for firms regulated under the EPPA
**Voice stress analyzer & the EPPA**
134
