History in the Making
 In September 1975, the World Association of Detectives held its annual conference at the Netherlands Plaza Hotel in Cincinnati, Ohio. Representatives from twenty-one nations were in attendance and on the first evening a cocktail reception was held to kick off what ultimately became a most historic meeting.
As professional investigators and contract security operators relaxed and exchanged greetings, Joe Duncan, an accomplished investigator and businessman from Nashville, Tennessee remarked that there were a number of officers of national associations representing England, Italy, Israel, Germany and India present in the room. He went on to ask a question that many had, for years pondered, "Why haven’t we a national association here in the United States?" The following morning, eighteen American industry leaders attended what turned out to be the founding meeting of the National Council of Investigation & Security Services, Inc.
Today, NCISS has over 1200 members with representatives in 49 of the 50 states and elsewhere. As the industry’s voice on Capital Hill, once a year the members of NCISS descend on Washington, D. C. to visit with lawmakers and their aids to discuss issues which affect the professional investigation and contract security industries. True to that tradition, last month the members of NCISS went to D.C. and addressed the following bills with members of both Houses:
HR 3306, the "Social Security Number Privacy & Identity Theft Protection Act" by Representative John Tanner (D-TN). This bill does not include any provision that would allow private sector investigators to access information critical to conducting lawful investigations.
S 141/HR 122, "Protecting the Privacy of Social Security Numbers Act" by Senator Diane Feinstein (D-CA) and Representative Rod Frelinghuysen (R-NJ). This bill would permit "business to business" transactions using Social Security Numbers. NCISS urged that the bill be amended to include more explicit language to permit the use of the SSN for lawful investigations similar to that passed last year in the Senate Commerce Committee.
S 1618, "Safeguarding Social Security Numbers Act" by Senator Chuck Schumer (D-NY). The bill requires the Commissioner of Social Security to issue uniform standards for the truncation of SSN's. It also would mandate the federal and state governments to truncate any SSN's displayed to the general public using the new standard. NCISS voiced its concern that states may opt to limit access to legal documents as a result of the legislation due to the difficulty in assuring that a references to SSN's have been redacted.
HR 2221, the "Data Accountability & Trust Act" by Representative Bobby Rush (D-IL) and S 1490 the "Personal Data Privacy and Security Act of 2009", by Senate Judiciary Chairman Pat Leahy (D-VT). Professional investigators of all stripes support the protection of personal data and reporting of breaches. However, NCISS voiced its concern that this bill could be amended to restrict access to public documents or SSN's and adversely affect commerce.
HR 3149, “Equal Employment for All Act.” Representative Steve Cohen (D-TN) introduced this bill which would effectively ban the use of credit reports for employment purposes even with an employee's consent. There are very limited exceptions for government employees and bank supervisors. NCISS communicated to lawmakers that credit reports when used for employment purposes, especially with an employee's consent should not be denied to employers.
HR 1529, “Second Chance for Offenders Act.” Representative Charlie Rangel (D-NY) introduced this bill that would make it easier to expunge federal criminal records. The bill permits individuals convicted of nonviolent crimes to have their records expunged without any extraordinary showing other than they are not addicted to drugs or alcohol, have completed their sentence, received a high school diploma and completed a year of community service. Many state licenses require criminal background checks. The checks will become less accurate if they do not reflect an individual's complete record. NCISS told lawmakers that public records should only be expunged where the court finds extraordinary reasons to do so.
Fore more information about NCISS and its hard work on Capital Hill, go to www.NCISS.org or contact Eugene F. Ferraro, CPP, CFE, PCI.
Discriminating Flu Season?
 As a reminder, Title VII prohibits employers from discriminating against employees based on their national origin, even if an employee happens to descend from a country with a severe outbreak of H1N1. Further, the Equal Employment Opportunity Commission (EEOC) has stated that they closely examine discrimination against employees based on their family responsibilities, even though “family responsibility” is not specifically articulated as a protected class in Title VII.
The EEOC has recently announced it has assigned extra resources this flu season to monitor cases of discrimination as they relate to family responsibility and national origin. The extra attention means that employers should diligently continue the good hiring and employee-leave practices they already have. Specifically, employers should treat all employees the same, regardless of their national origin. This protection extends to employees you have (but should not have) employed without valid employment eligibility documentation.
Employers also need to ensure all employees are being treated the same, regardless of their family circumstance, family obligations, age, or gender. As an example, employers are prohibited from treating mothers or older employees differently based on the perception that older people get sick more often or that mothers are more prone to the flu from caring for their sick children. Conversely, while an employer may intend to be nice or generous in allowing some employees extra privileges related to illnesses, those privileges can be perceived by others as “being treated differently because of” age, gender, or another protected class.
This legal landscape does not mean, however, that employers must sit back and allow the H1N1 pandemic to sweep through their workplace. In fact, OSHA requires that you provide a safe, and hopefully flu free, working environment for all employees. Further, if you have two or more employees refusing to work in an area because of the existence of flu germs as a safety issue, their refusal may be protected under the National Labor Relations Act. Below are a few proactive ways to prevent your employees and your company from the flu or flu-related discrimination complaints:
- Allow your employees time away to go get their flu shot or shots. Better yet, see if you can organize a shot clinic to come to your worksite. Remember, though, very few employers can require their employees take a flu shot.
- Don’t require a medical release to return to the workplace unless you have historically required this of all employees returning to work after a medically related absence.
- Look at your telecommuting policies and see if you can make them a bit more flexible. The only caveat here is to be careful that your policies are the same for each class of employee. For example, you probably need to have a rule saying all of your administrative staff can telecommute or none of your administrative staff can telecommute.
- In addition to telecommuting, look at other so called social distancing policies. Try to conduct more meetings telephonically (which also saves money) and evaluate how many ‘all-staff’ meetings are truly necessary.
Quote of the Month
"Happiness isn’t having what you want, but rather wanting what you have."
–Unknown.
Protecting our Borders?
It is difficult to argue that tighter border security does not make America safer. However, under an agreement involving an Arizona Sheriff and the Obama administration, the sheriff’s deputies will no longer be allowed to enforce immigration law and arrest suspected illegal border crossers. In July, Homeland Security officials told Sheriff Joe Arpaio and his counterparts in more than 60 other localities stretching from Alabama to California that they will be restricted to determining the immigration status of jail inmates only and that street enforcement efforts involving immigration status must be stopped by October 15, 2009. Supporters of the government’s move have suggested that Sheriff Arpaio and his deputies were profiling and targeting dark skinned individuals. According to the Wall Street Journal, the Sheriff said that his actions were in line with the law and the rights of no one were violated. Since 2007 the Mesa, Arizona Sheriff has identified and booked over 30,000 illegal immigrants who were already in jail on other charges. Sheriff Arpaio’s deputies apprehended far fewer people suspected of violating immigration law in street enforcement actions but have reluctantly agreed to cease their efforts.
Business Controls will be delivering the highly acclaimed The Process of Workplace Investigations training in five major cities this year. This advanced two-day training thoroughly examines the methods, tools, and legal limitations of modern fact-finding. The secret tips and traps that often make the difference between a successful investigation and a catastrophic one will be revealed. In this highly informative and fast-paced session attendees will learn how to use the Process of Investigation® to conduct proper cost-effective investigations and obtain the highest possible return on investment from every undertaking.
Training Dates
October 22 & 23, 2009 - Denver, CO
October 29 & 30, 2009 - Chicago, IL
November 12 & 13, 2009 - Houston, TX
December 3 & 4, 2009 - Orlando, FL
December 10 & 11, 2009 - So. California
Immediate Benefits
- Learn the latest techniques, methods, and processes of modern fact finding.
- Strengthen your interviewing techniques.
- Discover how to build air-tight cases that can withstand the rigors of legal challenges.
- Receive forms, checklists and other valuable tools.
- Learn to conduct fast, efficient investigations.
- Obtain the highest possible return on investment.
- Network, build relationships, and share experiences with others who conduct internal investigations.
Who Should Attend
- Human Resource Professionals
- Private & Corporate Investigators
- Security & Loss Prevention Managers
- Compliance & Ethics Officers
- Risk Managers
- Internal Auditors & Fraud Examiners
- Attorneys and Legal Counsel
- Corporate Executives, Managers, Supervisors and anyone tasked to conduct internal investigations
Course Outline
Day 1
The Process of Investigation
Explore significant trends in workplace crime and investigations and examine the different elements of a successful investigation. Identify the six methods and five phases of an investigation and learn how they are properly used.
The Fundamentals of Fact-finding
Examine the attributes of a successful fact-finder and learn how to document, catalog, and properly report findings. Review proper methods of evidence handling and management.
Methods of Investigation
Closely examine the six methods of investigation and learn how they are best used. Discover the three essential components of a proper investigatory interview. Learn how to overcome denials and obtain powerful written admissions.
Day 2
Project Management and Case Development
Examine the role of the project team and each member’s responsibility. Discuss investigative ethics and how they drive the investigative process. Learn how to properly take notes and write professional reports.
Legal Challenges and Litigation Avoidance
Learn about the legal implications of modern fact-finding and workplace disciplinary actions. Discuss the potential legal liabilities that may arise from workplace investigations and fact-finding and avoid the potential legal traps created by today’s courts, arbitrators and the EEOC. Most importantly learn how to avoid litigation and liability through the use of better processes and properly planning.
Applied Strategies and Improving Results
Explore the different types and classifications of workplace misconduct. Discuss modern prevention and intervention strategies relative issues such as workplace violence and substance abuse. Participate in several case studies that explore current investigative best practices and how they are used. Learn how to tie the pieces together. Improve your investigative results by using force multipliers, best practices and benchmarking. Increase your ROI and your value to your organization.
Continuing Education Credits
This training has been approved for 14 HRCI credits with 14 CLE credits pending.
Registration Fees and Discounts
- Registration Fee - $795 includes training, refreshments, and training binder
- Early Bird Discount - $715 if registered at least 14 days before the training date.
- Group Discount - Send three or more people from the same organization for only $675 each. Please call 800-650-7005 to receive the group discount.
Customized Training
In addition to public trainings, BCI can provide customized training for any organization or group. We can customize the content, objectives as well as the length of any training we offer. What’s more, we can deliver it where and when you want it. Call 800-650-7005 for more information and availability or contact us at training@BusinessControls.com
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