Red Cross--Part 2

Previously, it was determined that the Red Cross is asking volunteers to agree to an all inclusive disclosure agreement, authorizing the Red Cross to conduct a background check. According to the agreement, signing it could potentially allow the Red Cross to obtain any consumer report it deemed appropriate, during the entire length of Red Cross employment. I received an e-mail in response to my asking the National Headquarters if they would revise the agreement.

The e-mail states: “… the language in the consent form is standard legal language used in consent forms for background checks, industry wide, and has been approved by the Office of General Council here at the Red Cross.” So a one-size-fits-all consent form is standard? It doesn’t make any difference if the person is an employee or volunteer? It doesn’t make any difference if the person is a mailroom clerk or CEO? Or is it just that the industry can’t be bothered to make more than one form and isn’t concerned about potential invasion of privacy?

“By signing it, it is true that the person does agree that the Red Cross could conduct a credit check or other investigation into an individual's background, but a credit check or other investigations are not part of the minimum basic check the Red Cross will perform on its employees or volunteers.” The first part of the sentence pretty much negates the second part. Nowhere does it state unequivocally that the Red Cross will not conduct any other types of investigation. In fact, it doesn’t even say the Red Cross will notify you if they choose to conduct other investigations. The e-mail states the Unit Administrator has to specifically order and pay for reports over and above the criminal records check, but it doesn’t state the Unit Administrator will notify you if, when, or what types of other investigations are conducted. That would probably be because by signing the agreement, you have given them permission to check what they want, when they want.

“It may be helpful for you to know…” None of that addresses my concern about the disclosure agreement and why the Red Cross feels it is necessary to use the current wording, so no, it is not helpful for me to know their concerns, the corporate name, how long it’s been in business, where it’s in business, and that there haven’t been any BBB complaints. I know what the “s” in https stands for, thank you. In fact, way back when I went to school, we were required to be able to read before we could graduate, so I already knew a lot of the information that was provided, because I read it on the website.

“As it states in the FCRA (which is available upon consenting to the background check and on CrossNet): ‘A consumer reporting agency may provide information about you only to people with a valid need...’ ” First, that statement does not come from the FCRA, it comes from “A Summary of Your Rights Under the Fair Credit Reporting Act.” I know that because I DID read the Summary when it was provided on the web page, and I also took it upon myself to find the actual FCRA and read the section that was referenced.

Second, that particular statement from the Summary also continues “…usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for access.” Nowhere in the FCRA does it specify that a valid need for access includes investigations of volunteers, as opposed to employees. In fact, unless the Red Cross can show me how the FCRA applies to volunteers, I believe it could be a violation of my rights for them to request consumer reports in this instance.

The Summary of the FCRA also states that consumer reporting agencies include specialty agencies, such as those with access to medical records. What DOESN’T the Red Cross have access to by signing the disclosure agreement?

As a volunteer nurse, why does the Red Cross need permission that would grant them access to my medical records, credit reports, to see if I have ever been divorced, or that I’ve been to court for a speeding ticket? They have been given a copy of my nursing license, so they know I am a lawfully practicing Registered Nurse. Other than a criminal record check, what else, under these circumstances, do they need?

Why would it be so difficult to come up with a disclosure agreement that is more specific? If all they are going to check is criminal records, why not say so? Or criminal records, and driving records for those who will be driving Red Cross vehicles? I do not agree with a credit check for volunteers involved in finances or fundraising because I don’t think a volunteer of this type agency should be in a position of monetary responsibility enough for a credit check. When it comes to finances, an employee should be in charge.

What distresses me is that because of the Red Cross policy, since I will not give them carte blanche to my life story, I am not allowed to do something I truly enjoy. Something I want to do—for free, even! I am being denied the opportunity to serve my parish and community. That is sad—for me, the community, and the Red Cross.

My understanding is that there were six nurses lined up to help with this flu shot clinic. None of us will authorize the background check because of the disclosure agreement. Now the local chapter will be completely responsible for covering the clinic. How many more potential volunteers will the Red Cross lose before the National Headquarters will be a little more reasonable?

If you wouldn’t mind, take a few minutes to contact the National Headquarters of the American Red Cross and ask them to consider revising the disclosure agreement for volunteers. Maybe if enough people not only object, but also tell them about it, they will reconsider their position.

Flo