Out with the old, in with the new: CFPB requires new Background Check forms by January 1, 2013

admin — Tue, 23 Oct 2012 15:36:50 +0000

Summary

With the signing of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 11-203, H.R. 4173) into law in July 2010, President Barack Obama granted the Consumer Financial Protection Bureau (CFPB) the authority and enforcement powers over the Fair Credit Reporting Act (FCRA). Previously, the Federal Trade Commission (FTC) was responsible for interpreting and enforcing the FCRA.

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The most recent change by the CFPB has been to mandate changes to the forms used in the background checking process which are required by the FCRA. These changes reflect that end users, consumers, and furnishers of information obtained in the background check process will now contact the CFPB instead of the FTC for FCRA related information.

What it means for employers

To comply with the new requirements set forth by the CFPB and the FCRA, employers must use the new forms by January 1st, 2013.

Justifacts is here to help

The forms that are being updated that are required in the background screening process which are required by the FCRA are as follows:

For further questions about this change feel free to contact us at (800) 356-6885.

The Tennessee Lawful Employment Act requires all employers with 6 or more employees to use E-Verify by January 1, 2013

admin — Fri, 02 Nov 2012 19:04:33 +0000

Summary

The State of Tennessee recently passed the "Tennessee Lawful Employment Act". This law requires most Tennessee employers to utilize the U.S. Department of Homeland Security's E-verify program to ensure that an employee is authorized to work in the United States. The law's implementation date is staggered based on an employers' total number of employees - 01/01/12 for any business w/ 500 or more employees; 07/01/12 for any business w/ 200 or more employees; 01/01/13 for any business w/ 6 or more employees.

E-Verify Map

View U.S. State E-Verify Map

The federal E-verify program requires employers to verify the information provided by newly hired employees during the I-9 process against information contained in federal databases maintained by the Department of Homeland Security and the Social Security Administration.

The complete text can be found here: State of Tennessee House Bill No. 1378

Justifacts is here to help

Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.

Justifacts is a recognized "Designated Agent" for the E-verify program and can easily integrate this process into your current background screening process. Contact your Justifacts Sales Manager for more information on participating in the E-verify program.

For further questions about this change feel free to contact us at (800) 356-6885 or email us at Sales@justifacts.com

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North Carolina Bill requires all employers with 100 or more employees to use E-Verify by January 1, 2013

ayoder — Mon, 03 Dec 2012 20:26:03 +0000

Summary

The State of North Carolina has passed the Session Law 2011-263. This law requires most North Carolina employers to utilize the U.S. Department of Homeland Security’s E-verify program to ensure that an employee is authorized to work in the United States. The law’s implementation date is staggered based on an employers’ total number of employees - 11/01/12 for any business w/ 500 or more employees; 01/01/13 for any business w/ 100 or more employees; 07/01/13 for any business w/ 25 or more employees.

E-Verify Map

View U.S. State E-Verify Map

The federal E-verify program requires employers to verify the information provided by newly hired employees during the I-9 process against information contained in federal databases maintained by the Department of Homeland Security and the Social Security Administration.

The complete text can be found here: State of North Carolina House Bill No. 36

Justifacts is here to help

Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law. Justifacts is a recognized “Designated Agent” for the E-verify program and can easily integrate this process into your current background screening process. Contact your Justifacts Sales Manager for more information on participating in the E-verify program.

For further questions about this change feel free to contact us at (800) 356-6885 or email us at Sales@justifacts.com

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It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.

All Pennsylvania public works contractors and subcontractors must use E-verify by January 1, 2013

ayoder — Thu, 06 Dec 2012 20:31:07 +0000

Summary

The State of Pennsylvania recently passed SB 637. This law requires all Pennsylvania public works contractors and subcontractors to utilize the U.S. Department of Homeland Security’s E-verify program to ensure that an employee is authorized to work in the United States. The law’s implementation date is set for January 1, 2013.

E-Verify Map

View U.S. State E-Verify Map

The federal E-verify program requires employers to verify the information provided by newly hired employees during the I-9 process against information contained in federal databases maintained by the Department of Homeland Security and the Social Security Administration.

The complete text can be found here: State of Pennsylvania Senate Bill No. 637

Justifacts is here to help

Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.

Justifacts is a recognized “Designated Agent” for the E-verify program and can easily integrate this process into your current background screening process. Contact your Justifacts Sales Manager for more information on participating in the E-verify program.

For further questions about this change feel free to contact us at (800) 356-6885 or email us at Sales@justifacts.com

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FTC Settles with Mobile App Companies

ayoder — Fri, 11 Jan 2013 14:01:52 +0000

The FTC has settled charges against several companies regarding their mobile applications for obtaining criminal records. The FTC charged that these companies violated the FCRA by marketing their applications for use by employers without following any of the FCRA provisions regarding permissible purpose, consumer authorizations, accuracy of information and adverse action. A useful tip is to be wary of any service offering "instant" information without checking further into what is being offered and how it complies with the FCRA.

To view the full article please visit the FTC's article: FTC Settles with Mobile App Companies.

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Justifacts has a new website!

admin — Mon, 04 Feb 2013 16:38:51 +0000

Justifacts is proud to announce the launch of our new website! Visitors can now find updated information about our Background Check Services, Employment Verifications along with the various other pre-employment screening services that Justifacts provides.

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In addition to our expanded services descriptions the new Justifacts website also includes information on upcoming Justifacts Events, and a News section to keep our clients well informed regarding constant industry changes, FCRA compliance, state specific law changes and much, much more. Also, feel free to join the conversation on the Justifacts Background Check Blog. We look forward to hearing from you.

Thanks for visiting us at www.Justifacts.com, be sure to tell a friend!

Landlords: Don't let your property become a house of horror

admin — Fri, 08 Feb 2013 14:06:47 +0000

Last year there was an investigation performed by KCTV 5 in Kansas City about a couple that had been renting properties around the city and leaving deplorable conditions and costly damages in their wake.

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The entire article can be found here: http://www.kctv5.com/story/17014858/kctv-investigates-houses-of-horror

Property owners and landlords alike take a risk when renting their properties to people they know little about. In the KCTV investigation the property owner knew little about the tenants history except that "they had three kids and a lot of dogs". Unfortunately, by not doing a proper tenant screening, another property owner found $30,000 in damages caused by the family who essentially "turned her rental property into a "dog kennel".

Kansas City police Officer suggests "First and foremost, pay a professional company to do a tenant background check, collect all money before handing over any keys and make sure that the lease is up to date and legal for your state."

Justifacts suggests taking further action by performing a tenant background check along with a rental credit check. Misinformed rental decisions can be costly; an accurate rental credit check combined with a criminal background check enables landlords to make an informed rental decision and reduce the risk of allowing a rental property to become a house of horrors.

Click on the links below to find more information about our criminal record search and tenant credit check services:

Criminal Records
Tenant Credit Check

5 Ways to Reduce Workplace Discrimination

bosborne — Mon, 11 Feb 2013 19:09:11 +0000

The EEOC reported nearly 100,000 job bias charges in the fiscal year of 2012, with retaliation, race, and sex discrimination, including sexual harassment, as the most frequently filed charges. (you can view the EEOC article here) What can companies do to avoid discrimination charges? Please read the following steps which will certainly help to avoid any charges or help your case if the case goes to trial.

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1. Documentation and Treating All Employees the Same

Most likely you have terminated the employee who has filed the charges for business reasons and not discrimination. Therefore, keeping detailed and up to date records are very important. Be sure to document any disciplinary actions, counseling sessions and performance reviews. This will help show that as the employer you provided several warnings regarding work performance and attempted to help the employee reach the expected standards.

Be fair and consistent in the way you treat all employees. Make sure that policies in your employee handbook are up to date and are being followed exactly the same for everyone.

2. Have the Person who Hired the Employee Fire the Employee

The theory behind this step is that if the person willingly hired a woman, person of race, certain religion, etc. , it is improbable that the same person could later be accused of being prejudice or discriminating. Along those lines, it is important to always have a witness when warning or terminating an employee. Have someone who is in management, who will not gossip, present while having the meeting with the employee. This will help your case if a problem comes up later.

3. Training

It is extremely imperative to properly train all interviewers and managers to be familiar with discrimination laws. This will help to ensure that during an interview or a meeting between a manager and current employee subjects that can be construed as discriminating will not be approached. Some laws that interviewers and managers should be familiar with are the Americans with Disabilities Act, Family Medical Leave Act, Pregnancy Discrimination Act, Civil Rights Act, Equal Pay Act, Age Discrimination Act and the Genetic Information Nondiscrimination Act.

4. Company Policies

Attack the uncomfortable topic of harassment and sexual harassment in your employee handbook. Be clear about what is considered harassment and sexual harassment and what the consequences are for any employees found violating the policy. Again, in this step it is imperative to treat all employees the same regarding harassment claims. It is also is very important to take all claims seriously and conduct a thorough and proper investigation.

Additionally, have a written termination policy which explains how and why an employee can be terminated. In most cases employment is at-will and the employment can be terminated with or without cause.

5. When Hiring, Stick to Job Requirements

Make all hiring decisions based on the requirements of the specific job and no other reason. Be sure to select the person that best fits those requirements and that you feel will be the best asset to your company. Do not take into account any outside factors that may lead to a discrimination lawsuit. A person does not have to be an employee of your company to file a discrimination lawsuit. Someone can file a lawsuit against you for not hiring them if they believe or are led to believe it is because of discrimination or prejudice.

Have Your 2013 Background Check Forms Been Updated to Meet New FCRA Requirements and Guidelines?

admin — Mon, 18 Feb 2013 19:39:32 +0000

In October, Justifacts posted an article regarding the mandated background screening form changes required by The Consumer Financial Protection Bureau (CFPB) and The Fair Credit Reporting Act (FCRA). (View the entire article here)

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In this post Justifacts reported that the new forms were required beginning January 1st, 2013. Recently, it was brought to our attention that there are still companies who are either not aware of the change or have not yet had the opportunity to update their forms for compliance purposes.

This is just a friendly reminder to update all of your background check forms in order to keep them in compliance for 2013.

Compliance problems? Justifacts is here to help!

Below are the updated forms that Justifacts provides clients, as required by the FCRA, for the background screening process:

For further questions about this change or further questions about FCRA compliance call us at (800) 356-6885.

When to Use Credit History As Part of the Background Screening Process

ayoder — Wed, 20 Feb 2013 14:22:35 +0000

Credit checks, when included as part of a complete background report, provide insight into an applicant’s integrity and responsibility toward his or her financial obligations.

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Some employers only request a credit history for financial positions, but you may want to consider that there may be other positions that could put your company at risk. Here are a few questions to ask yourself when deciding if an employment credit check on a candidate is appropriate.

Will the employee have a company credit card?
Is this an account payable or account receivable position?
Will the employee have access to corporate funds or valuable property?
Is this member going to be a part of upper management?
Will the position give the employee an opportunity to damage corporate credit?

If you have answered yes to any of these questions, you may want to consider including an employment credit check into the pre-employment screening process.

However, while employment credit checks are a valuable part of an overall background check, it is important to note that it is not appropriate for every job category. Several states have passed laws limiting the use of credit reports and there is movement at the federal level to do the same. Justifacts recommends consulting with legal counsel to determine the applicability of any legislation specific to the use of credit reports for employment purposes.

The employment credit report provided by Justifacts contains information regarding balances and payment history of credit accounts and loans associated with the applicant, as well as public record information, including bankruptcies, liens and judgments.

Learn more about our Employment Credit Check Services.

Common Signs That Your Candidate’s Diploma is Fake

mschwartzmiller — Fri, 22 Feb 2013 17:50:43 +0000

When you perform a web search for "diploma mill", "degree mill", or "life experience degree", a number of results will catch your eye. Some of the websites, such as www.speedydegrees.com, www.affordabledegrees.com, and www.backalleypress.com, simply require a payment for receipt of a false diploma or degree. Other websites are for “schools” that offer programs of dubious legitimacy. For example, the State University of Sheffield, which sounds legitimate, offers high school diplomas, associate’s degrees, bachelor’s degrees, master’s degrees, and doctorate degrees; all on-line, and all in just seven days! Does that sound too good to be true? That’s because it is.

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Life Experience Degrees

Many on-line institutions offer life experience degrees; no education is necessary. Just upload your resume, and you will receive a degree based on your industry experience! While there are legitimate on-line universities and high schools, websites/schools that require you to take an evaluation and then issue a diploma are fraudulent. There are no legitimate on-line programs for earning a GED.

Justifacts has verified over 240,000 education verifications

With over 30 years of industry experience, Justifacts verification specialists have the necessary experience to recognize these falsified diplomas/degrees.

Some tell-tale signs that a candidate has obtained his/her degree from a diploma mill include:

The degree is based solely on experience or resume review
The degree is available for purchase
The program does not provide any specific address or location information and only relies on a post office box.
The tuition costs are much higher or lower than the average charges from a legitimate institution.
The institution’s/agency’s website includes numerous typographical and grammatical errors.
The program does not list the names of faculty members or their qualifications.

Many education departments also create pages on their websites that inform visitors of the dangers of diploma mills and on-line programs. Our favorites are Texas Higher Education Coordinating Board, High Education-Maine Department of Education, Pennsylvania Department of Higher Education, and Oregon Student Assistance Office of Degree Authorization. I recently discovered the State of Wisconsin Educational Improvement Board (http://eab.state.wi.us/resources/diplomamills.asp). This website includes lists of questions to help consumers determine whether a school is a diploma/degree mill or whether it is endorsed by an accreditation mill (a term I only recently encountered). As the site states, “identifying degree, diploma and accreditation mills is not easy. A number of the features of degree and diploma mills are similar to familiar higher education institutions. A number of the features of accreditation mills are similar to well-known accrediting organizations.”

Some other useful websites are those operated by the United States Department of Education and by recognized accrediting agencies. Some of our favorites are the United States Office of Post Secondary Education and the Council for Higher Education Accreditation. The Department of Education’s website has a list of recognized accreditation agencies and information about how to contact them. Each school, even if unaccredited, has an accreditation page on its website. For more information regarding accreditation in the United States, visit www2.ed.gov/admins/finaid/accred.

Confirming a candidate’s educational history is an important part of making an informed hiring decision. Justifacts goes beyond simply verifying your candidate’s stated degree, thereby providing you with a more complete picture of your prospective new hire and giving you the tools that you need in order to make the most well-informed hiring decision for your organization. For more information on our education verification services please visit our Education Verification page.

What Post-Hire Background Searches Should Your Company Conduct?

acotter — Tue, 26 Feb 2013 19:08:12 +0000

The pre-employment process is now complete. You are excited to welcome your new employee into your company with open arms; because you have shown your due diligence by conducting a background search, you are confident that he/she has the required qualifications and that they will not present a threat to your company. However, background checks on new employees are only effective as of the date of hire. What happens if your new employee is arrested or has his/her driving license suspended after hire?

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In today’s ever-changing world, more and more companies are conducting post-hire screenings in order to mitigate company risk. Employers are realizing that reoccurring background checks are good business practice for certain positions. Conducting checks at regular intervals helps protect your company by ensuring a more secure workforce.

Industry Regulated Searches

Because of federal and state mandates, post-hire screenings are already required for many employers. For example, the medical and transportation industries are required to conduct annual searches on current employees. These annual searches help employers maintain workplace safety.

The Department of Transportation requires employers of commercial licensed drivers to audit driving records and conduct random drug screening, as well as perform physicals. To meet state regulations, healthcare employers screen licensed healthcare professionals for healthcare sanctions (Medicare or Medicaid fraud) through the Office of Inspector General and the General Services Administration.

Growing concern for the safety of children has prompted an increase in ongoing screenings for coaches, volunteers, counselors, and educators. Additionally, care-givers working with the elderly and those requiring assisted living also require annual background checks.

Rosewood Services, a special needs agency in Great Bend, Kansas, cares deeply about the individuals they serve, the programs offered, and the communities that embrace those served. To maintain their high level of service, Rosewood conducts annual driving and criminal records checks that include adult and child abuse searches. Rosewood Services is dedicated to ensuring a safe work environment.

Employee Movement within the Company

Many companies conduct basic screenings for their entry-level candidates. Criminal records and employment eligibility through e-verify may be all that is requested for these new employees. However, when an employee is being considered for promotion, an additional, more comprehensive search should be considered.

For example, sometimes employees are being considered for positions that require a certain level of education. In this case, it would be wise for the employer to verify the employee’s education credentials before a promotion is offered. Interviews also should be conducted with coworkers and managers to get a strong understanding of how the individual may fit in with his or her new role in the company.

Summary

Post-employment checks are an effective risk management tool. A candidate who had a clear background check at the time of hire may commit crimes years after they have been employed.

As with pre-employment screenings, employers who conduct post-employment screenings are also bound to the requirements of the Fair Credit Reporting Act. An employer must adhere to the Adverse Action Process if any information from the background check will have a negative impact on the future of the employee’s employment with the company.

While pre-employment background checks minimize the risk of bad hiring decisions, post-employment checks minimize your company’s exposure to risk over the long term.

Adverse Action Process: What employers should know before rejecting a job applicant, denying a promotion or terminating an employee

dcubarney — Fri, 01 Mar 2013 19:12:49 +0000

Employers who conduct employment background checks, also known as consumer reports, as part of the employment process, which includes hiring, promotion, and retention, must comply with Federal law requirements under section 604 of the Fair Credit Reporting Act, (FCRA).

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Before rejecting a job applicant, denying a promotion or terminating an employee based in whole or in part on information obtained in a consumer report, companies are obligated under the FCRA to follow a two-step process. This process provides applicants / employees the opportunity to review and dispute information in the report, if they so choose.

Pre-adverse action

Companies must provide to the applicant / employee the following in advance of a decision, either in writing, in person or electronically:

a) A copy of the consumer report that was obtained and relied upon to make the decision.
b) A copy of A Summary Of Your Rights Under The Fair Credit Reporting Act
c) The name, address and phone number of the background screening company that provided the screening report.

Adverse action

If the decision is made to proceed with an adverse action, based on information in a consumer report, you must advise of your intent to not hire, not promote or terminate the candidate / employee. The following must be provided either in writing, in person or electronically:

a) The name, address and phone number of the background screening company that provided the screening report.
b) A copy of the consumer report you obtained and relied upon to make your decision.
c) A copy of A Summary Of Your Rights Under The Fair Credit Reporting Act

Providing candidates/employees with a speedy notification, allows the consumer reporting agency, (CRA), to respond to disputes and correct errors that may appear in the screening reports. Working closely with your pre-employment screening company when a dispute is under investigation will help to expedite the investigation.

Further information

For more information about additional rights, visit the Consumer Financial Protection Bureau website.

Learn more about the Consumer Reports Section 604 (b) of the FCRA document.

Compliance failure by a user of pre-employment screening reports may place that user’s company in violation of federal law and at risk for legal action at the federal level.

Customer Service in the Age of the Online Interface

egeminetti — Wed, 06 Mar 2013 17:23:59 +0000

Imagine Peter Shankman’s delight upon arriving after a long flight, only to be greeted at the airport with a steak from Morton’s Steakhouse. Shankman could never have dreamed that his idle pre-flight tweet, in which he jokingly requested a Morton’s steak upon touchdown, would lead to the presence of a tuxedo-clad Morton’s employee at his arrival gate, with a mouth-watering dinner in tow.

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You can read the details of this charming customer service story and others here.

Of course, we all know that customer service is not always this outstanding. Now more than ever, when more of our business takes place online than face-to-face, it can seem like providers are simply nowhere to be found when you need help.

In a recent article in Yahoo! Small Business Advisor, it is evident that any business’s online interface is only as good as the people behind it. The statistics reported in this article, which can be found here, show that consumers rely on easy-to-use online systems. However, what these statistics reflect even more strongly is the reliance upon prompt, friendly, and effective customer service from real-live human beings.

Justifacts Customer Service

The consumers’ top priorities reported in this article are the same priorities upon which Justifacts bases its customer service approach. Here are three main branches of our customer service strategy:

1. Quick Resolution to the Problem

We know that your time is limited, and that you cannot be wasting it waiting for a response or solution from us. When you call or email Justifacts, your point of contact responds to your call or email promptly to address the question or issue at hand. If we need to consult with colleagues here at our office, this is done right away, and we stress the urgency involved in your request for information or assistance.

2. Point of Contact Who is Familiar with You and Your Needs

When you contact Justifacts, your call or email is not herded into a general customer service corral of requests, to be answered by an anonymous customer service representative with no knowledge of or stake in your company’s specific priorities. Rather, you are able to contact your company’s dedicated account manager. This is one human being who is your consistent point of contact. You know his or her name, and he or she knows yours. You have dialogues about your business’s needs and challenges, and your account manager’s objective is to collaborate with you to successfully meet those challenges.

3. Tiered Hierarchy of Customer Service

Because Justifacts operates on a team-based system, you can be sure that there will always be someone available to answer your questions and address any concerns. If your dedicated account manager is in a meeting or on the phone, you can speak to the assistant account manager, who is capable of assisting you with whatever you need. Many teams at Justifacts have multiple assistants, in order to maximize our ability to assist clients quickly and effectively. Your sales manager is another key player in the team-based framework upon which Justifacts relies. With several individuals eager to respond to any need you have, you can be sure that all questions and issues will be addressed promptly.

If we could, we’d even bring you a steak at the airport!

Learn more about Justifacts' Unmatched Customer Service.

New Form I-9 Released from the USCIS

ayoder — Fri, 08 Mar 2013 19:40:26 +0000

Summary

The U.S. Citizenship and Immigration Services (USCIS) today published a revised Employment Eligibility Verification Form I-9. All employers are required to complete a Form I-9 for each employee hired in the United States.

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Improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers. The Department of Homeland Security has published a Notice in the Federal Register informing employers of the new Form I-9.

What it means for employers

Effective 03/08/13 employers:

Should begin using the newly revised Form I-9 (Rev. 03/08/13)N for all new hires and reverifications.
May continue to use previously accepted revisions (Rev.02/02/09)N and (Rev. 08/07/09) Y until May 7, 2013.
Will have a 60-day grace period, until May 7, 2013 to comply by using the new form.
After May 7, 2013, employers must only use Form I-9 (Rev. 03/08/13)N.
Should not complete a new Form I-9 for current employees if a properly completed Form I-9 is already on file.

A Spanish version of Form I-9 (Rev. 03/08/13)N is available on the USCIS website for use in Puerto Rico only. Spanish-speaking employers and employees in the 50 states, Washington, D.C., and other U.S. territories may use the Spanish version for reference, but must complete the English version of the form.

Justifacts is here to help

The revised two-page Form I-9 documents that are required by all U.S. employers can be found at the following links:

New 2013 Form I-9 from Justifacts Credential Verification Inc,

Learn how to go paperless

Justifacts has developed a paperless, electronic I-9 system that creates and stores the Form I-9. As an Employer Agent for E-verify, Justifacts processes E-Verify requests for registered employers. When used in conjunction with each other, the electronic I-9 system and E-Verify agent access allows employers a fast, accurate method for verifying the work eligibility of all newly hired employees.

Find more information on our paperless Form I-9 solutions: Electronic I-9 Verification System

Understanding E-Verify Laws and Their Affect On Pennsylvania Businesses

admin — Tue, 19 Mar 2013 13:59:28 +0000

On June 29th, Pennsylvanaia Governer Tom Corbett signed The Public Works Employment Verification Act (Act No. 127) into law, requiring all public works contractors and subcontractors within the state of Pennsylvania to enroll in and use E-Verify for newly hired employees. Click here to view our Pennsylvania public works article.

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Unlike states such as Ohio and West Virginia that have no statewide E-Verify requirements, the state government in Pennsylvania has passed E-Verify legislation. If your organization does not participate in public works, then this may not be a concern at the present time. However, in most of the instances where states begin E-Verify programs, they evolve and expand. For instance, the state of Mississippi established E-Verify requirements in July of 2008 for employers with 250 or more employees, and by July of 2011 E-Verify was required for employers with fewer than 30 employees. For this reason, it may be wise to acquire a basic understanding of the structure and uses of E-Verify, or even to be proactive and integrate E-Verify into your pre-employment background screening procedure.

E-Verify Map

View U.S. State E-Verify Map

What is E-Verify?

E-Verify is a voluntary, Internet-based system that compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility in the United States.

Why do organizations use E-Verify?

When organizations use E-Verify, they are employing a system that was developed by the U.S. Department of Homeland Security and Social Security Administration to determine if an employee is authorized to work in the United States. Companies who use the E-Verify System are adding a layer of protection that will benefit them if they should become the subject of a U.S. Immigration and Customs Enforcement (ICE) audit.

Additionally, employers use E-Verify as a requirement for certain federal contracts as required by specific state laws.

Reasons why E-Verify could become the standard

E-Verify is currently the only system available to verify the information provided on the Form I-9. Most discussions by legislators to enact immigration reform include a verification system and, as an existing system, it is very likely that congress will choose to make the use of E-Verify mandatory for all employers as part of an overall immigration reform package. In addition, many states are requiring the use of E-Verify, and most other states are actively moving in that direction.

Benefits of Early Participation in E-Verify Screening

Ensures compliance with specific state laws.
Allows participation in certain federal contracts.
Confirms employee work authorization through the only available national system.
Inexpensively certifies new hire U.S. work eligibility.
Establishes compliance and common practice in the event of a statewide E-Verify mandate.

For further questions about E-Verify and how it affects your business contact us at (800) 356-6885 or email us at Sales@justifacts.com

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.

Why More and More Employers are Conducting Pre-Hire Background Checks

thudec — Fri, 29 Mar 2013 15:55:29 +0000

Regardless of the size of your business, pre-employment screening is a necessary practice to avoid lawsuits and costly hiring mistakes. Because of security and litigation concerns, corporate scandals, and workplace violence, pre-employment screening has become a crucial element in the hiring process. In fact, recent studies show that there are roughly 2 million acts of violence in the workforce each year.

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Making the right hiring decisions for your company is critical to business success. Poor hiring decisions can lower your team’s morale, hinder productivity, and even impact customer relations. In addition, the cost of replacing an experienced employee who is not the right fit can be over 50% of that individual’s salary - higher if the employee has specialized skills.

A comprehensive background check can not only save money, but it can also protect your business. Investigating the background of a potential hire minimizes the risk of negligent hiring lawsuits. You and your company can be held liable for the actions of a new employee, especially if you did not show your due diligence by performing a background check, or if you did not perform an adequate background check. With settlements from negligent hiring lawsuits costing companies close to one million dollars on average, most employers are finding the small cost of conducting background checks money well spent.

Prior to beginning a background check, it is important to comply with the regulations set forth in the Fair Credit Reporting Act (FCRA), which serves as the governing body of the background screening industry. Note that laws vary from state to state regarding how and what kind of information can be used during the pre-employment screening process, as well as which information can be reported in the background check report.

One solution for businesses undertaking pre-employment screening is to employ the services of a background checking company. Hiring a reputable and experienced provider will give you the assistance that you need in finding accurate and complete information on candidates. Reliable background screening providers offer a choice of services, customizable to your individual hiring needs. Additionally, your outsourcing partner will be able to guide you through legal requirements, as well as Federal and State regulations.

Another important practice is to train staff members who will be involved in pre-employment screening. Your account management team at Justifacts specializes in guiding clients through this process, including the handling of sensitive information such as date of birth and social security number. Furthermore, most background reports contain information about arrest records, which requires a different analysis than actual criminal convictions, since the Equal Employment Opportunity Commission (EEOC) frowns on employers relying on applicants’ arrest records in making a hiring decision.

Although the issue of remaining FCRA compliant may seem cumbersome, it is important that the process be followed in order to protect both the applicant and your organization against errors in court, school, and government records, as you also protect your company and current employees against misinformed, or under-informed, hiring practices.

Ten Data Brokers Feel the Sting for violating the FCRA

myoder — Tue, 14 May 2013 21:46:21 +0000

The US Federal Trade Commission recently put 10 data brokers on notice for possible violations of the Fair Credit Reporting Act. The discretions were uncovered as a part of a sting operation where FTC staff posed as individuals or company representatives attempting to obtain data about people in order to assess their “creditworthiness, eligibility for insurance or suitability for employment.” The FTC contacted 45 companies, 10 of which appeared to take the bait and seemed willing to sell people’s data in violation of the FCRA.

The ten companies that received warning letters were:

ConsumerBase and an unnamed company - appeared willing to sell pre-screened lists for credit offers.
Brokers Data and US Data Corporation - seemed willing to sell consumer information in order to help make decisions about whether or not a person should be insured and at what cost.
Crimcheck.com, 4Nannies, US information Search, People Search Now, Case Breakers, and USA People Search - appeared willing to sell consumer information that could affect a person’s job eligibility.

The message to employers is that they need to be suspicious of any company offering “quick, easy searches”. Justifacts clients can be confident that compliance with the FCRA is a top priority for our company. Our instant database products are never provided as is; our policy is to always re-verifiy all information with the originating source. We vet all of our clients and provide FCRA guidance to them so that they can remain compliant with federal and state laws.

Have any questions about your FCRA compliance, we here to help! Contact a salesperson or your account manager for additional information.

New York City Passes Bill to Ban the Box

ayoder — Wed, 28 Oct 2015 13:49:40 +0000

Special Announcement to all City of New York employers:

Effective October 8, 2015, the City of New York, NY will impose an ordinance that restricts employers in the city from asking about and using criminal record information.

Under the ordinance, the following restrictions, among others, will apply:

1. An employer shall not conduct a criminal history inquiry until after such employer or agent thereof has extended a conditional offer of employment to the applicant.

2. After extending an applicant a conditional offer of employment, an employer, employment agency or agent thereof may inquire about the applicant's arrest or conviction record if before taking any adverse employment action based on such inquiry, the employer, employment agency or agent thereof:
a. provides a written copy of the inquiry to the applicant in a manner to be determined by the commission;
b. performs an analysis of the applicant under article twenty-three-a of the correction law and provides a written copy of such analysis to the applicant in a manner to be determined by the commission, which shall include but not be limited to supporting documents that formed the basis for an adverse action based on such analysis and the employer's or employment agency's reasons for taking any adverse action against such applicant; and
c. after giving the applicant the inquiry and analysis in writing pursuant to subparagraphs (a) and (b) of this paragraph, allows the applicant a reasonable time to respond, which shall be no less than three business days and during this time, holds the position open for the applicant.

3. It shall be an unlawful discriminatory practice for any employer, employment agency or agent thereof to deny employment to any person or take adverse action against any employee by reason of such person or employee having been convicted of one or more criminal offenses, or by reason of a finding of a lack of "good moral character" which is based on such person or employee having been convicted of one or more criminal offenses, when such denial or adverse action is in violation of the provisions of article twenty-three-a of the correction law.

The full text of this ordinance is available here: New York City Council Int 0318-2014

This law will require a review of the hiring process in place and may require changes to that process. Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.

September Employee

asamek — Wed, 30 Nov -0001 00:00:00 +0000

The Passing of Investor David Hunter

myoder — Mon, 22 Apr 2013 15:22:27 +0000

Justifacts would like to take a moment to mourn the loss of our dear friend and mentor, David Hunter. David, founder of Hunter Associates, passed away April 14, 2013 after a brief battle with cancer. David was known for making the most out of all the opportunities in his life. He was also known for having the courage to do things his own way. While at Amherst College he was fortunate enough to study under the great American poet Robert Frost. David took special pleasure in Frost’s poem “The Road Not Taken”. That poem concludes with the lines, “Two roads diverged in a wood, and I took the one less traveled by. And that has made all the difference." Those words went on to truly personify David’s life.

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David became a leader in both business and the community. Among his many achievements were serving as the chairman of NASDAQ in 1988, chairman of the National Association of Securities Dealers Inc from 1986 to 1987, and serving on the board of the FINRA Economic Education Foundation from 2005 to 2012. He generously served as a respected leader in his community as the chair of the Pittsburgh Allegheny Chapter of the American Red Cross from 1988 to 1992 and the East Central AAA from 1987 to 1990. Additionally he served as a trustee of the Allegheny Trails Council Boy Scouts of America for 30 years, Westminster College for 25 years, and University of Pittsburgh Katz Graduate School of Business for more than 30 years.

As an early investor, David was instrumental in helping get Justifacts to where it is today. Over the years, David was always available to share his time and talent. He was an inspiration to us and he will be sorely missed.

Are You Ready for E-Verify? What Every Employer Needs to Know!

myoder — Mon, 29 Apr 2013 14:14:27 +0000

On April 17th the Senate’s “Gang of Eight” (Sens. Charles Schumer, John McCain, Richard Durbin, Lindsey Graham, Robert Menendez, Marco Rubio, Michael Bennet, and Jeff Flake) introduced their bill, S.744 the “Border Security, Economic Opportunity, and Immigration Modernization Act”. Although much of the immigration debate is controversial, there is one mandate of particular importance to employers that seems to have across the aisle support. That mandate is the requirement for all employers to use E-Verify to assist them in determining the eligibility of employees to work in the United States. E-Verify has backing from powerful lobby groups such as the U.S. Chamber of Commerce and the National Association of Homebuilders. It is also receiving bipartisan support from conservatives such as Rep. Lamar Smith (R-Texas) and Rep. Steve King (R-Iowa) as well as President Barack Obama. In March, Congress granted additional funding to the E-Verify program which indicates Congress’ support and signals E-Verify is here to stay regardless of the passage of the S.744 bill.

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E-Verify, S.744, and How it Pertains to You

E-Verify is an Internet based verification system that is administered by the Department of Homeland Security. The system requires employers to input employee information from the I-9 form. This information is then compared to that contained in DHS and Social Security Administration databases to determine if an employee is authorized to work in the United States. E-Verify provides verification to 98.7 percent of queries within three seconds.

S.744 will mandate the use of E-Verify for every employer. The bill provides a phased in approach over a period of five years after the enactment, the schedule would be as follows:

Employers with more 5,000 employees will be phased in within two years
Employers with more than 500 employees will be phased in within three years
ALL Employers, including agricultural employers, will be phased in within four years

E-Verify Map

View U.S. State E-Verify Map

Failure to verify work authorization through E-Verify after the mandatory enrollment date raises a presumption that the employer knowingly hired an unauthorized worker, which could trigger audits and/or penalties.

As of April 2013, the use of E-Verify is on the rise. Several states have mandated the use of E-Verify for all employers. In addition, the federal government requires the use of E-Verify for many federal contractors. If you are currently using E-Verify, consider yourself ahead of the game. If you have not started using E-Verify it may be time to consider it.

Justifacts Can Help

Justifacts is a recognized “Employer Agent” for the E-Verify program. As an employer agent, Justifacts is able to process E-Verify requests for any participating employer. Justifacts has designed a Paperless I-9 System that seamlessly integrates with the E-Verify system. Our clients enjoy the ability to utilize this I-9/E-Verify system as part of a package or as a stand-alone service.

If you would like more information on E-Verify and how Justifacts can help, please feel free to contact us at (800) 356-6885 or email us at Sales@justifacts.com.

Colorado is the Latest State to Limit the Use of Credit Reports for Employment Purposes

ayoder — Thu, 02 May 2013 17:49:31 +0000

Special Announcement to all State of Colorado employers

The State of Colorado has passed Senate Bill 13-018, which limits the use of credit reports by employers. The bill was signed into law by the governor on 04/19/2013. This law will go into effect on 07/01/2013.

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The law states the following:

1)No employer or employer's agent, representative or designee shall use consumer credit information or require an employee or prospective employee to consent to a request for a credit report that contains information about the employee's or prospective employee's credit score, credit account balances, payment history, savings or checking account balances or savings or checking account numbers as a condition of employment unless (1) such employer is a financial institution, (2) such report is required by law and (3) such report is substantially related to the employee's current or potential job or the employer has a bona fide purpose for requesting or using information in the credit report that is substantially job-related and is disclosed in writing to the employee or applicant.

2) If an employer relies on any consumer credit information to take adverse action regarding the person whose information was obtained, the employer shall disclose that fact, and the particular information upon which the employer relied, to that person.

This law will require a review of the hiring process in place, including the waiver that all applicants must complete, and may require changes to that process.

The complete text can be found here:

http://www.leg.state.co.us/clics/clics2013a/csl.nsf/fsbillcont3/5E2C07DC74DD73D687257AEE0057DC52?open&file=018_enr.pdf

Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.

Justifacts Answers Your Frequently Asked Questions

myoder — Thu, 09 May 2013 17:42:39 +0000

The staff at Justifacts has been so impressed with the great questions that our clients and visitors to our site come up with, that we decided it was time for a Frequently Asked Questions post. For this blog, we didn’t want to just make up our own questions and answer them, but rather answer the real questions that we are most often asked. In order to do this, we delved deep into our website analytics and pulled a list of the most common questions visitors are asking when searching our site. We hope that you find the questions useful and our answers informative.

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Q: Which States have a criminal state repository?

A: Most states have a central repository they use to track known criminals. Typically these repositories are run by the State Police or the Department of Public Safety in a particular state and each has its own requirements for the availability of records as well as what type of information is released. In general, statewide criminal repositories obtain records from the counties and are dependent upon the courts in each county to forward case information in a timely and complete manner. Due to this reliance upon the counties to forward information, state repository records may not be complete or accurate.

Q: How long does a background check take with Justifacts?

A: Justifacts’ normal turnaround time to process background searches is 24-72 hours.

Q: What should an applicant expect from a Justifacts background check?

A: An applicant can rest assured that Justifacts will provide a professional, thorough background check. At Justifacts we are diligent in protecting your privacy and will only share information with your employer. A verification specialist may have to contact you if additional information is needed to complete your background check. If that is the case, you count on us to work with you in a helpful and courteous manner.

Q: Can Justifacts verify a high school diploma?

A: Yes Justifacts can verify a high school diploma. Our degree verification process includes the authentication of high school diplomas, GED’s, trade certificates, and post-secondary degrees. Justifacts confirms the candidate’s dates of attendance and the type of degree that was earned.

Q: Can you randomly have employees fill out a new I-9 Form?

A: No, the Form I-9 is to be completed by all new employees within three days of hire date. There are some occasions where a new I-9 form can be completed, including but not limited to, rehire with the same employer and significant change in personal information.

Q: Does the State of Pennsylvania require E-Verify?

A: The State of Pennsylvania only requires public works state contractors and subcontractors to enroll and use E-Verify. For more information on Pennsylvania E-Verify laws view our blog post Understanding E-Verify Laws and Their Affect On Pennsylvania Businesses.

Q; Does the state of West Virginia require E-Verify?

A: Currently, the State of West Virginia does not have a state-wide E-Verify requirement. The states that do have some form of E-Verify requirement are Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Illinois, Louisiana, Minnesota, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, and Virginia.

Q: Can you provide an example of an employment background check from Justifacts?

A: Justifacts does provide the opportunity to view a sample report. Click here to view our Sample Report.

Q: How far back do Justifacts background checks go?

A: A Justifacts’ background check typically goes back five to seven years.

Q: Why am I getting a call from Justifacts Credential Verification?

A: Justifacts is a pre-employment background screening service that provides accurate, cost effective, comprehensive background screening services to corporations, non profits, healthcare providers, and educational institutions. There are several reasons that an individual would potentially receive a phone call from Justifacts. One possible reason may be that a work colleague has listed you as a professional reference. We certainly appreciate you returning our phone calls as quickly as possible. We understand your time is important and you can count on our verification specialists to conduct all interviews in a professional, efficient and respectful manner.

Q: What are the benefits and costs of a unified court record search?

A: The implementation of unified court systems has presented an opportunity for Justifacts to provide a comprehensive, statewide criminal record search in a timely, cost-effective manner. This search contains the most up to date criminal information available and can be considered the best option for a court record search in those states utilizing a unified system. If you are interested in more information about unified court record searches and would like pricing information, please contact us.

Still have questions? Feel free to be part of our Frequently Asked Questions by commenting on this blog or contacting a salesperson. We love hearing from you!

Moving forward: what we can learn from the Jerry Sandusky case

myoder — Thu, 30 May 2013 16:11:14 +0000

It has been three years since we first learned of the tragedies that took place at Penn State involving Jerry Sandusky. As a mother of three boys, the horrors of that case stay fresh in my mind, as I’m sure they do many of yours. Over the course of time we have gone through a range of emotions- disgust, grief, anger. We want questions answered. Why was this allowed to happen? As employers we ask questions of ourselves. How can we prevent something like this? Jerry Sandusky didn’t show up looking like a monster. He was educated, articulate, and well dressed. How can we recognize what lies beneath the façade? How can we protect ourselves against future Jerry Sanduskys?

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Justifacts has a personal relationship with this particular case. In 2010 Juniata College received a volunteer application from Jerry Sandusky, and Justifacts did the background check on him. The results of that background investigation led to Mr. Sandusky being denied a volunteer position at the school. A comprehensive background check uncovered that although Mr. Sandusky had no previous criminal record, he did have a pending investigation at Central Mountain High School, which was revealed through a Past Employment Check. Who can say how many boys were spared contact with Jerry Sandusky because of a simple background check?

This case clearly illustrates how important it is when reviewing applicants to have as much information as possible. When trying to get a complete picture of an applicant we must be able to put all the pieces of data together in order to see an individual for who he truly is. Where a problem candidate can hide in one area, he may reveal himself in another. When we conduct a criminal background check we might reveal weakness or violence in a person’s character. When we contact past employers and references, information about work ethic and ability are revealed. When we confirm a person’s degree we reveal a person’s expertise and honesty. The more information we find, the more pieces are revealed, until at last a complete picture begins to develop. Only then can we make an informed decision based on demonstrated behavior and facts.

Moving forward, it helps to know that employers can make a difference. A few simple actions can go a long way:

Have a plan - A well thought out employment screening policy must be our first line of defense. Such a plan should identify which applicants will receive a background check, the screening criteria that is relevant for each job position, and how the information obtained will be used. The plan should be compliant with state and federal laws as well as EEOC and FTC guidelines. Having a written policy in place helps provide consistency in the workplace and can be a helpful defense against a discrimination claim.
Practice due diligence - Background checks should reflect the position the candidate is applying for. According to the United States Department of Labor it is estimated that about one in three adults now has a criminal history record but these often consist of an arrests that do not lead to conviction, convictions for which the person was not sentenced to a jail term, or convictions for non-violent crimes. The new EEOC guidelines frown on corporations that use criminal records as a blanket excuse not to hire someone. People do make mistakes in their life, and many of these individuals deserve a second chance. However, there are occasions when a criminal record does directly preclude an applicant from a job. Many employers serve a vulnerable population that they are entrusted to protect. We don’t want drunk drivers behind the wheel, we don’t want thieves to have access to our money and we certainly do not want sex offenders near our kids. As evidenced by the Jerry Sandusky case, a comprehensive background check should extend to our volunteers as well as our paid employees.
Consider the cost - Certainly the victims of Jerry Sandusky have paid dearly. The pain and suffering to these boys and their families will stay with them for the rest of their lives. The scandalous behavior of Penn State has brought shame and embarrassment to its students, faculty and alumni and has tarnished the university’s reputation for the foreseeable future. Then there is the financial cost. Penn State is expected to pay out more than $42 million dollars. Certainly, the cost of a background check pales in comparison to such costs. However many organizations are turning to low cost, low quality background checks. These inexpensive and unreliable database searches have made it increasingly easy for criminals to appear to have a clear record. These searches are incomplete and give a false sense of security. A good background check should involve multiple levels of screening and be FCRA compliant.
Reassess - There is no crystal ball when it comes to employees. Your employee can pass a background check with flying colors and go out that night and commit a felony. Reevaluating employees at regular intervals adds another layer of security to your organization and helps to protect your employees and customers from the harmful, intentional acts of an unfit employee.

The Jerry Sandusky case has been a hard lesson learned. We can make a choice to be passive and hope for the best, or to be proactive in defending ourselves against terrible risks. Certainly there are no guarantees in life and no background check can protect us against every danger. However, at the end of the day, it is possible to be the employer who can honestly say we took every measure to protect our employees, our reputation and the clients we serve.

Nevada is the Latest State to Limit the Use of Credit Reports for Employment Purposes

ayoder — Thu, 30 May 2013 20:05:14 +0000

Special Announcement to all State of Nevada employers

The State of Nevada has passed Senate Bill 127, which limits the use of credit reports by employers. The bill was signed by the governor on 05/25/2013 and goes into effect on 10/01/13.

The law amends Chapter 613 of the Nevada Revised Statutes with the following:

Sec. 7. Except as otherwise provided in section 7.5 of this act, it is unlawful for any employer in this State to:

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1.Directly or indirectly, require, request, suggest or cause any employee or prospective employee to submit a consumer credit report or other credit information as a condition of employment;

2. Use, accept, refer to or inquire concerning a consumer credit report or other credit information;

3. Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee:
(a) Who refuses, declines or fails to submit a consumer credit report or other credit information; or
(b) On the basis of the results of a consumer credit report or other credit information; or

4. Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee who has:
a) Filed any complaint or instituted or caused to be instituted any legal proceeding pursuant to sections 2 to 9, inclusive, of this act;
b) Testified or may testify in any legal proceeding instituted pursuant to sections 2 to 9, inclusive, of this act; or

5. Exercised his or her rights, or has exercised on behalf of another person the rights afforded to him or her pursuant to sections 2 to 9, inclusive, of this act.

Sec. 7.5. An employer may request or consider a consumer credit report or other credit information for the purpose of evaluating an employee or prospective employee for employment, promotion, reassignment or retention as an employee if:

1. The employer is required or authorized, pursuant to state or federal law, to use a consumer credit report or other credit information for that purpose;

2. The employer reasonably believes that the employee or prospective employee has engaged in specific activity which may constitute a violation of state or federal law; or

3. The information contained in the consumer credit report or other credit information is reasonably related to the position for which the employee or prospective employee is being evaluated for employment, promotion, reassignment or retention as an employee. The information in the consumer credit report or other credit information shall be deemed reasonably related to such an evaluation if the duties of the position involve:
(a) The care, custody and handling of, or responsibility for, money, financial accounts, corporate credit or debit cards, or other assets;
(b) Access to trade secrets or other proprietary or confidential information;
(c) Managerial or supervisory responsibility;
(d) The direct exercise of law enforcement authority as an employee of a state or local law enforcement agency;
(e) The care, custody and handling of, or responsibility for, the personal information of another person;
(f) Access to the personal financial information of another person;
(g) Employment with a financial institution that is chartered under state or federal law, including a subsidiary or affiliate of such a financial institution; or
(h) Employment with a licensed gaming establishment, as defined in NRS 463.0169.

This law will require a review of the hiring process in place, including the waiver that all applicants must complete, and may require changes to that process.

The complete text can be found here: Nevada Senate Bill 127

Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.

The EEOC files disparate claims against both BMW and Dollar General; First enforcement under revised criminal history guidance

ayoder — Tue, 11 Jun 2013 20:43:33 +0000

The EEOC recently filed disparate claims against both BMW Manufacturing Co., LLC, and Dolgencorp, doing business as Dollar General on 6/11/2013. The entire article can be found here: EEOC Files Suit Against Two Employers for Use of Criminal Background Checks.

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BMW Allegations

In the suit against BMW, the EEOC alleges that BMW disproportionately screened out African Americans from jobs, and that the policy is not job related and consistent with business necessity. The claimants were employees of UTi Integrated Logistics, Inc. ("UTi"), which provided logistic services to BMW at the South Carolina facility.

Since 1994, BMW has had a criminal conviction policy that denies facility access to BMW employees and employees of contractors with certain criminal convictions. However, when UTi assigned the claimants to work at the BMW facility, UTi screened the employees according to UTi's criminal conviction policy. UTi's criminal background check limited review to convictions within the prior seven years. BMW's policy has no time limit with regard to convictions. The policy is a blanket exclusion without any individualized assessment of the nature and gravity of the crimes, the ages of the convictions, or the nature of the claimants' respective positions.

In 2008, UTi ended its contract with BMW. During a transitional period, UTi employees were informed of the need to re-apply with the new contractor to retain their positions in the BMW warehouse. As part of the application process, BMW directed the new contractor to perform new criminal background checks on every current UTi employee applying for transition of employment. The new contractor subsequently discovered that several UTi employees had criminal convictions in violation of BMW's criminal conviction policy. As a result, those employees were told that they no longer met the criteria for working at the BMW facility and were subsequently terminated and denied rehire as employees of the new contractor, despite the fact that many of the employees had worked at the BMW facility for years.

Dollar General Allegations

The EEOC filed a nationwide lawsuit based on discrimination charges filed by two rejected African American applicants.

According to the EEOC, one of the applicants who had filed a charge with EEOC was given a conditional employment offer, although she had disclosed a six-year-old conviction for possession of a controlled substance. Her application also showed that she had previously worked for another discount retailer as a cashier-stocker for four years. Nevertheless, her job offer was allegedly revoked because Dollar General's practice was to use her type of conviction as a disqualification factor for 10 years.

The other applicant who filed an EEOC charge was fired by Dollar General although, according to the EEOC, the conviction records check report about her was wrong - she did not have the felony conviction attributed to her. The EEOC said that although she advised the Dollar General store manager of the mistake in the report, the company did not reverse its decision and her firing stood.

Conclusion

Both lawsuits were brought under Title VII of the Civil Rights Act of 1964. On April 25, 2012, the EEOC issued updated enforcement guidance on employer use of arrest and conviction records; This is the first instance of a case regarding the new criminal guidelines.

On April 25, 2012, the EEOC issued updated enforcement guidance on employer use of arrest and conviction records. The EEOC is a member of the federal interagency Reentry Council, a Cabinet-level interagency group convened to examine all aspects of reentry of individuals with criminal records. Among other issues, the Reentry Council is working to reduce barriers to employment, so that people with past criminal involvement - after they have been held accountable and paid their dues - can compete for appropriate work opportunities in order to support themselves and their families, pay their taxes, and contribute to the economy.

Indiana Limits Employers from Accessing Particular Information from Criminal History Providers

ayoder — Mon, 17 Jun 2013 16:20:34 +0000

It is about to become a little harder for employers to get criminal history information on individuals from the state of Indiana. On July 1, 2013 the second wave of Indiana House Bill 1033 will take effect. This law will significantly impact the scope of information that will be reportable to employers.

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Key components of the law:

As of July 1st “Criminal History Providers” (aka background screening companies), will no longer be able to report:

An infraction, arrest, or a charge that did not result in a conviction
A record that has been expunged
A record indicating a conviction of a Class D felony (if the Class D felony conviction has been entered as or converted to a Class A misdemeanor conviction); in certain circumstances, individuals are able to petition the court to reduce a Class D felony conviction to a Class A misdemeanor. For this reason, class D convictions that have been reclassified as Class A misdemeanor convictions will no longer be reported as originating as felony convictions; beginning July, 1, 2013, these convictions will only be reported as misdemeanor convictions. Class D felonies are the lowest level of serious crime and can include the following: burglary, cultivating marijuana, fraud, and driving under the influence. A Class D felony cannot be converted to a Class A misdemeanor if the individual is a sex or violent offender or if the Class D felony resulted in bodily injury to another person.
Any record that the criminal history provider knows is inaccurate

What this means for employers:

As of July 1st employers should be aware that any criminal record orders that are sourced from the state of Indiana will no longer include the information as listed above. Justifacts recommends that clients consult with their legal department to determine what changes, if any, need to be made to their hiring process in order to comply with this law.

For the complete text of the statute, please look here: Indiana House Enrolled Act No. 1033

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.

The U.S. Department of Transportation Federal Motor Carrier Safety Administration PSP Background Check

myoder — Fri, 21 Jun 2013 15:59:35 +0000

Today, we’d like to take a moment to spotlight our Federal Motor Carrier Safety Administration (FMCSA) Pre-Employment Screening Program (PSP) check.

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What is a PSP background check?

A PSP background check is designed to assist employers in the motor carrier industry to prescreen an individual operators driving history. The Pre-Employment Screening Program (PSP) is a screening tool provided by the FMCSA that allows motor carriers, individual drivers, and industry service providers access to driving records from the FMCSA Motor Carrier Management Information System (MCMIS). A PSP check, also known as the DOT PSP, contains the most recent 5 years of crash data and the most recent 3 years of roadside inspection data from the FMCSA MCMIS system for an individual driver. The record displays a snapshot in time, based on the most recent MCMIS data load to the PSP system.

Why should I get a PSP background check?

Recently the FMCSA completed a safety impact analysis on their Pre-Employment Screening Program, the results showed that transportation companies that used PSP to screen commercial drivers on at least a monthly basis have, on average, lowered their crash rates by 8% and driver out of service rates by 17%. The study results were presented at the 2013 Transportation Review Board’s annual meeting and the presentation has been posted for public consumption. The report demonstrates that using the PSP program is a critical step in making our nation’s highways safer, allowing employers to reduce their liabilities and increasing the availability of in service drivers.

How do I get started?

PSP records may be requested solely for the purpose of conducting pre-employment screening and only with the driver’s consent. Justifacts provides its clients with the required waiver that applicants must fill out in order to complete the check. Justifacts is fully integrated with the PSP program and will be happy to discuss adding a PSP background check to any of our clients existing packages.

For more information please contact us at (800) 356-6885 or email us at Sales@justifacts.com.