May 2, 2017
Massachusetts implemented a stringent re-screening process for rideshare drivers. Thousands were deemed unfit for employment. Many are appealing their results.
We've seen multiple stories about rideshare drivers who committed serious crimes while on the job. That's led to ongoing discussions about whether or not companies like Uber and Lyft have sufficient background checking policies in place. Massachusetts recently became the first state to put drivers through a follow-up screening.
The investigation was a two-step process. Step one was conducted by the employers. This included multi-state criminal checks, a review of motor vehicle records and a search of the national sex offender registry. Drivers that passed moved on to the second part, which was conducted by the state. This included a check for violent felonies, driving offenses and convictions for sexual crimes.
Most background checks search for reportable criminal convictions from the last 7 years. The investigation conducted by Massachusetts looked for any conviction a driver incurred throughout their lifetime. Based on the results, more than 8,000 individuals were found to be ineligible for employment.
During the screening process, officials searched for various convictions and violations. Eighteen separate items were considered serious enough to disqualify drivers. More than 10% of all MA-based rideshare employees did not pass.
Most people who lost their jobs were flagged for suspended licenses. Others had not been licensed for at least three years, which is the minimum requirement set by the state. Nearly 1,000 drivers had convictions for serious violent crimes. An additional 51 drivers were found to be registered sexual offenders.
Massachusetts Governor Charlie Baker signed the law that required these background checks. He stood by the results. According to Baker, people did not lose their jobs over minor infractions such as a parking ticket. He said: "The simple truth is there were hundreds of people who were driving for Uber and Lyft who didn't have driver's licenses that were in force, OK. There were many more than 100 who had serious felony convictions. There were many who had other major crimes that I don't think anybody would want their son or daughter getting in the car to have somebody drive."
Representatives from Uber and Lyft issued responses to the screenings and the subsequent firings. Adrian Durbin, a spokesperson for Lyft, noted that they do run background checks but are limited to a 7-year time frame. Durbin said "The state does not face the same limitation, which likely explains why a small percentage of our drivers failed the state's background check while passing ours."
Uber representatives criticized the unlimited time frame in which the state searched for convictions. The company issued a statement that read: "Thousands of people in Massachusetts have lost access to economic opportunities as a result of a screening that includes an unfair and unjust indefinite lookback period. We have an opportunity to repair the current system in the rules process so that people who deserve to work are not denied the opportunity."
Drivers who lost their jobs have the right to appeal. They must provide the reason they are appealing along with their name and identification. Anyone who has a felony or sexual conviction will be automatically disqualified without a hearing.
The appeal procedure is expected to take between 7 and 10 days. Thus far, a few hundred drivers have had their decisions overturned, making them eligible for re-hire. Many more are expected to go through this process.
Lyft and Uber currently screen potential drivers. However, there has been much debate about whether or not these background investigations are sufficiently thorough for individuals who might provide transportation services to the public. Despite differences in opinions on how screenings should be conducted, the consensus is that background checks are an essential part of the hiring process.
Background checks can show you if a prospective or current employee has a serious criminal conviction, confirm someone's employment or educational history and provide information that helps hiring managers make informed decisions. Backgrounds Online provides FCRA compliant background checks that show current, reportable records. If you have questions about the screening services we offer, please contact us for assistance.