| EMPLOYMENT
SCREENING NEWS |
FTC,
CFPB Join Forces to Interpret FCRA's Reporting Period for Non-Conviction
Records
In a reversal
from their earlier guidance on the issue, the FTC joined the
Consumer Financial Protection Bureau (the "CFPB"), in a joint
amicus brief filed by the Federal Trade Commission The agencies
advocated for the seven-year reporting period for non-conviction
records found in the FCRA to begin on date of the charge or
filing. This position -- reflects a shift in the agency's stance
that could impact entities covered by the statute.
Section 605(a) of the FCRA prohibits consumer reporting agencies
from including obsolete information in consumer reports. Under
the statute, an "adverse item of information" is reportable
only if it "antedates the report" by seven years or less.
While the amicus brief does not carry the weight of the law,
it lays out the position of both federal agencies tasked with
enforcement of the FCRA, and their potential future rulemaking
that the seven-year reporting period for non-conviction records
starts on the date of the filing or charge and not on the date
of the last action in the case.
To read the amicus brief jointly filed by the FTC and the CFPB,
click here.
Source: Scherzer Insider | Scherzer International, December
19, 2014
FBI Database Is Anything but a Gold Standard for Employment
Screening | Commentary
Melissa
Sorenson, Executive Director, The National Association of Professional
Background Screeners (NAPBS) wrote "while applauding Reps. Mike
Rogers, R-Mich., and Adam B. Schiff, D-Calif., for their commitment
to protecting vulnerable populations from predators through
stringent background screening (" Keeping Our Kids Safe From Predators: A
Challenge With a Bipartisan Solution ," Roll Call, Nov.
17). She added, "We take issue, however, with their editorial
in which they characterize the FBI's fingerprint database as
the "gold standard" for use in employment or volunteer screening."
In reality, the FBI database is far from perfect, is not universal,
nor considered reliable as a single source for background screening
purposes and should never be regarded as the most reliable source
for comprehensive and accurate background screening.
She explains
that in a 2006 report, the FBI acknowledged its fingerprint-based
repository is limited; it is missing disposition information
in about 50 percent of its records. This low number exists because
many counties don't consistently report their records to state
law enforcement and the manner by which states report information
to the FBI varies as well.
Source:www.rollcall.com/news/
Read
more
Trainer
Who Worked with Local Cheerleaders is Sex Offender
In Waco,
TX, after La Vega ISD officials discovered possible criminal
offenses that were missed because of improper background checking
on an athletic trainer who was brought in to work with the cheerleaders
the volunteer was barred from school property.
The district
was apparently not aware of that he is a registered sex offender
who served a five-year prison sentence after he was convicted
of indecency with a child by exposure in Bell County until discovering
that he didn't undergo the screening required for volunteers,
the source said.
Source:
http://www.kwtx.com
Read
more
Background
Check Did Not Show Prior Arrests For Janitor Accused of Raping
a Baton Rouge Student
Adrian
Wright Jr., 31, a former school janitor in Baton Rouge, was
booked on a count of forcible rape of a 14 year old girl. On
that Saturday, Wright allegedly pushed the girl, a student at
North Banks Middle School, into a classroom and then raped her.
She did not report the incident until months later and had by
then transferred to another school.
Wright
underwent a criminal background screening when he was first
hired in summer 2011, but company and school officials say they
were not aware of his other arrests because the screen came
up clean.
Source:
http://theadvocate.com/
Read
more
Ex-Employee
Sues over Faulty Background Check
A Kansas
man, who allegedly lost his job after a background check mistakenly
showed two felonies and three misdemeanors on his record, has
filed a proposed class action against the largest staffing company
in the nation for alleged violations of the Fair Credit Reporting
Act (FCRA). Read
the complaint here.
Plaintiff
Michael Mitchell alleges he was let go on Nov. 30, 2012, from
his new position at United Healthcare Services Inc., three weeks
after he started there, because a background report -- which
he wasn't given a chance to review -- included the charges,
even though he never has been arrested or charged with any crime,
according to the complaint in Mitchell v. Aerotek, filed Nov.
25 in U.S. District Court for the District of Maryland.
Source:
www.nationallawjournal.com/
Read more
Lawsuits
Grow Under "Old" Pennsylvania Background Check Law
A growing
number of states and localities have enacted laws that restrict
employers from considering certain types of criminal records
in hiring and other personnel decisions. Though many of these
laws are more recent, Pennsylvania's Criminal History Record
Information Act ("CHRIA") has been on the books for more than
three decades. The law, which prevents employers from considering
applicant convictions that do not reasonably relate to the position,
has increasingly been the subject of litigation in the last
year.
Pennsylvania
employers should continue to exercise caution when making employment
decisions regarding job applicants and employees with criminal
records given the recent rise in CHRIA cases.
Source:
www.lawandtheworkplace.com
Read
more
Ninth Circuit to Consider Constitutionality of California's
Reporting Agencies Law
Is California's
Investigative Consumer Reporting Agencies Act ("ICRAA") constitutional?
The Ninth U.S. Circuit Court of Appeals is poised to hear oral
argument on the question on February 2, 2015.
California created two separate laws when enacting a state analogue
to the FCRA. The Consumer Credit Reporting Agencies Act ("CCRAA")
governs "consumer credit reports," defined as "any written,
oral or other communication of any information by a consumer
credit reporting agency bearing on a consumer's creditworthiness,
credit standing, or credit capacity."
The second statute, ICRAA, covers "investigative consumer reports,"
defined to include "information on a consumer's character, general
reputation, personal characteristics, or mode of living ...
obtained through any means."
The statutes provide consumers with different rights and as
a general rule, ICRAA contains stricter duties and more severe
penalties than the CCRAA.
The federal court dismissed the suit in two orders (the first
order tossed the state law claims while the second did away
with the FCRA allegations). Addressing the ICRAA claims, the
court found the statute unconstitutionally vague as it applied
to tenant screening reports containing criminal history information
because a person of reasonable intelligence could not discern
whether criminal information constituted "character" information
under the ICRAA or "creditworthiness" governed by the CCRAA.
To read
the first dismissal order on the ICRAA issues, click here .
To read the second order on the FCRA issues, click here .
Read
full article
| Welcome
to the U.S. Legal Challenge Question! |
Sponsored
By:
As the background
screening industry continues to get more competitive the firms
that will ultimately succeed will be those that create competitive
advantage through their people by offering continuous learning
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We believe that having employees that are very knowledgeable about
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We are grateful
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Since Mr. Henry's practice was employment law, the firm believed
this fell within his area and as they say: "the rest is history".
His practice has kept him in continual contact with the background
screening industry, and he is a nationally recognized expert in
the area of background screening.
Mr. Henry's
practice is concentrated on employment law and in specific, background
screening of employees. He represents consumer reporting agencies
throughout the United States and two national trade associations.
He is the author of the Criminal Records Manual and the on line
reference site:CRAHelpDesk.com, and he is a frequent presenter
across the country on various topics dealing with background screening.
Please choose
your answer by clicking on it:
San
Francisco Issues Guidance for Employers and Contractors on Fair
Chance Ordinance
San Francisco
recently posted FAQs
describing key provisions of the city's Fair
Chance Ordinance ("Ordinance"), which took effect on August
13, 2014. The "bans the box," Ordinance prohibits most private
employers and contractors in the city from asking job applicants
about their criminal histories until after the first interview
or following a conditional offer of employment. In addition, the
Ordinance restricts the types of criminal offenses about which
employers and contractors may inquire or otherwise may consider
when making hiring and personnel decisions. And, the Ordinance
affords expansive anti-retaliation protections to employees who
complain of violations, and imposes various notice, posting, and
record-retention obligations on employers and contractors in connection
with criminal background inquiries.
San Francisco
employers should carefully review the guidance described in this
post and take any necessary additional measures to ensure compliance
with the Ordinance.
Source: www.lawandtheworkplace.com
Read
more
Whole
Foods Hit With Illegal Background Check Class Action
Colin Speer
hit Whole Foods Market Group, Inc. with a class action lawsuit
in a Florida federal court alleging that the grocery store chain
performs illegal background checks on prospective and existing
employees in violation of the Fair Credit Reporting Act. Speer
claims that the company performed a background check on him and
other employees and job applicants without following the guidelines
laid out in the FCRA, he explains in his Whole Foods class action
lawsuit filed on Dec. 4.
The class
action lawsuit claims Whole Foods fail to disclose to its employees
the intent to obtain a consumer report on them for employment
purposes and also alleges that Whole Foods unlawfully inserted
liability release provisions into forms purporting to grant [Whole
Foods] authority to obtain and use consumer report information
for employment purposes."
Case - Colin
Speer v. Whole Foods Market Group, Inc. filed in the U.S.
District Court for the Middle District of Florida, Tampa Division.
Source:http://topclassactions.com/
Read
more
Michaels
Hit with Background Check Class Action Lawsuit
On Dec. 4,2014 Christina Graham, a resident of New Jersey, filed
a background check class action lawsuit against Michaels Stores
Inc., lawsuit alleging the retailer did not disclose to her and
other job applicants that the company runs background checks-criminal
records and consumer reports-as a standard part of the Michaels
employment screening process.
By not clearly
and properly displaying the background check disclosure agreement,
Graham alleges Michaels violated the federal Fair Credit Reporting
Act and the New Jersey Fair Credit Reporting Act, which require
"that before procuring a consumer report for employment purposes
a prospective employer must disclose that the employer may procure
a consumer report for employment purposes in a document that 'consists
solely of the disclosure.'
Case -
Graham v. Michaels Stores Inc., Case No. 2:14-cv-07563, in
the U.S. District Court for the District of New Jersey.
Source: http://topclassactions.com/
Read
more
Role
Reversal! EEOC Must Disclose its Own Background Check Policy to
the Employer it's Suing
The EEOC
has been ordered by a federal court to turn over its own background
check policy to an employer whom it is suing for a criminal background
check policy that allegedly had a disparate impact on black employees.
The employer
had moved to compel to produce "[a]ll documents that constitute,
contain, describe, reflect, mention, or refer or relate to any
policy, guideline, standard, or practice utilized by the EEOC
in assessing the criminal conviction record of applicants for
employment with the EEOC." In granting the employer's motion to
compel, the court concluded that the EEOC policies may be admissible
or relevant and the employer did not have the accept the EEOC's
say-so that they weren't.
Source: http://www.theemployerhandbook.com/
Read
more
Public
Record Update
Sponsored by:
Public
Record Update
By Mike Sankey, PRRN
| BRB
PUBLICATIONS LAUNCHES CriminalRecordSources |
CriminalRecordSources.com
(CRS) is your authoritative reference about criminal records.
CRS tells you the pros and
cons of searching different record repositories. CRS is your information
source for:
-
Where:
The locations of criminal records - from both government agencies
and vendors;
- How:
The ways criminal records may be directly accessed;
- Accuracy:
The accuracy and value of a criminal record will vary
by location.
CRS will
help anyone involved with the use of criminal records including
private investigators, attorney firms and
law libraries, background screening firms, HR, journalists and
the news media, risk management and corporate
compliance divisions, trade associations, legislative staff, and
government agencies to name a few.
For more
information visit http://www.criminalrecordsources.com/
| THE
PUBLIC RECORD RETRIEVAL NETWORK (PRRN) |
The Public
Record Retrieval Network (PRRN) is one of the largest U.S. trade
organizations representing professionals in the public record
industry. With more than 500 members in 45+ states who retrieve
documents from local government agencies in over 2,000 counties
nationwide, PRRN Members are recognized as the nation's leaders
in local public record searching and document retrieval.
What Do
PRRN Members Do?
Simply put,
PRRN Members are professionals who visit government agencies on-site-such
as local, federal, and state courts or recorder's offices-to do
name searches and/or obtain copies of file documents. Retrievers
are often hired in conjunction with the pre-employment screening,
investigations, lending, litigation, or for legal compliance (e.g.,
incorporations).
As recognized leaders in local public record searching and document
retrieval, PRRN Members agree to follow standards of professional
conduct for local searching and document retrieval procedures
and to follow the highest standards of ethics and conduct in all
their dealings with other members and with clients.
For more information click
here.
Public Record
Retriever Network - www.PRRN.us
The CRA Help Desk - www.CRAHelpDesk.com
Motor Vehicle Record Decoder - www.MVRDecoder.com
BRB's Public Record Blog - www.publicrecordsblog.net
BRB's Bookstore - www.brbpublications.com/books/
New
Designer Drug on the Radar
The Centers
for Disease Control and Prevention (CDC) has raised concerns about
a relatively new and deadly designer drug, acetyl fentanyl. a
variant of fentanyl (a powerful prescription painkiller). The
drug, which is not authorized for medical use, nor specifically
regulated under the Controlled Substances Act, can be five times
more potent than heroin, and sixteen times more potent than morphine.
The CDC first issued a health
alert last year.
Use of acetyl
fentanyl cannot be detected with a standard laboratory-based testing
panel (5, 7, 9, or 10). To detect fentanyl use (or its analogs,
including acetyl fentanyl), employers must test separately for
fentanyl, or add fentanyl testing to a currently used standard
panel. If the initial screening result is positive, confirmation
analysis using standard gas chromatography/mass spectrometry (GC/MS)
testing will confirm or rule out fentanyl and its analogs, including
acetyl fentanyl.
Source: SterlingBackcheck.com
Read
more
Drug
Testing In Your Non-U.S. Operations
Employers
face a much different landscape for drug testing once leaving
U.S. borders. What works here may not necessarily work in other
countries, and in fact, could result in sanctions or legal action.
Before beginning international operations, be aware of the legal
landscape of the countries in which you will operate.
Pre-employment
screening is permissible in some countries, but is strictly limited
in others. In fact, drug and alcohol testing is strictly limited
in most European countries, as well as many other countries around
the world, including countries as diverse as Chile, Colombia,
and South Africa.
Although
drug and alcohol testing requirements vary by country, there are
some common-sense protections for all employers to consider implementing:
Source: Fisher
& Phillips, LLP
Read
more
Drug-Testing Policy for Prescription Meds May Not Violate
ADA
According
to the 6th U.S. Circuit Court of Appeals, an employer's policy
of drug testing all employees for prescription drugs that are
packaged with warnings about operating machinery may not constitute
an improper medical examination or an improper disability inquiry
under the Americans with Disabilities Act (ADA). Dura Automotive
Systems, began testing employees in 2007 at its manufacturing
facility for certain substances appearing in both illegal drugs
and prescription medications packaged with warnings about operating
machinery. Dura used a third-party company called Freedom From
Self (FFS) to administer the drug tests.
Dura instructed
employees who tested positive to bring their medications to FFS
for documentation. Dura then informed these employees that they
would be terminated if they continued to use the medications.
The employees
who were terminated for failing to discontinue use of medications
packaged with warnings about operating machinery brought a lawsuit
asserting claims under the ADA.
Case
- Bates v. Dura Auto. Sys. Inc., 6th Cir., No. 11-6088 (Aug.
26, 2014).
Source:http://www.shrm.org/
Read
more
Do DOT-Regulated Employees Have A Privacy Interest In Their Positive
Drug and Alcohol Test Results? Maybe Not.
According
to a recent decision by the United States District Court for the
Eastern District of California. employees subject to U.S. Department
of Transportation ("DOT") drug and alcohol testing regulations
may have limited privacy interests in their positive drug and
alcohol test results of their positive drug and alcohol tests.
Plaintiff
Daniel McTimmonds filed suit against national drug and alcohol
testing company Alcohol and Drug Testing Services, LLC ("ADTS"),
alleging he suffered severe emotional distress as a result of
ADTS' actions during a DOT-mandated random drug and alcohol test.
Plaintiff's
alleged, an ADTS technician administered his breathalyzer test
in a public room, in the presence of Plaintiff's coworkers. After
reviewing the results of the breathalyzer test a positive result
was recorded and the ADTS technician "very loudly and publicly"
questioned Plaintiff as to whether he had "been drinking this
morning." Still in the presence of his coworkers, Plaintiff denied
he had drank any alcohol, to which the ADTS technician responded,
"Well, this says you have been!"
Case - United
States District Court for the Eastern District of California.
McTimmonds v. Alcohol and Drug Testing Services, LLC, 2014 U.S.
Dist. LEXIS 167656 (E.D.Ca. Dec. 2, 2014)
Source: www.Drugtestlawadvisor.com
Read
more
─ What
'Ban the Box' means for employers (Minnesota)
─
County bans the (criminal background) box (Allegheny County
, Pa)
─ Banning
the Box is good for all (Tuscon, Az)
─ Rochester
Issues FAQs on Newly Effective "Ban the Box" Ordinance
─ Legislative
Updates - Ban the Box Laws Gathering Momentum (Illinois)
─ Columbia
City Council gives 'ban the box' unanimous OK; tables ride-sharing
rules (Missouri)
─ Syracuse
city council passes Ban the Box ordinance (NY)
─
Mobile City Council supports second chance 'Ban the Box' employment
initiative, AL.com readers not so sure (Al)
Inc
5,000 CEOs Betting on a Very Strong 2015
According
to a survey of the Inc 5,000 Business Owners, 57 percent of CEOs
rate the prospects for their business over the next twelve months
as 'excellent.' 26 percent of CEOs were 'Very Confident' that
the U.S. economy will be strong over the next twelve months versus
10 percent with this same view last year at this time. 86 percent
plan reported they plan to expand company headcount over the next
twelve months.
Source: 'State
of Small Business, Future Perfect,' Inc. Magazine, December 2014.
U.S.
Economy Posts Strongest Growth in More Than a Decade
The U.S.
economy posted its strongest growth in 11 years during the third
quarter, supported by robust consumer spending and business investment.
The Commerce Department reported that the Gross
domestic product, grew at a seasonally adjusted annual rate
of 5% in the third quarter. That was up from the
second quarter's growth rate of 4.6% and the strongest pace
since the third quarter of 2003, when GDP grew at a 6.9% pace.
Source: The
Wall Street Journal
Read
more (Subscription may be necessary)
| DATA
PROTECTION & PRIVACY |
6
Data Breach Trends To Watch In 2015
The Identity
Theft Resource Center (ITRC), reports that there have been over
700 data breaches recorded in the U.S. so far this year, a 26
percent increase over the same time period in 2013. The Target
breach that occurred late last year appears to have been a watershed
moment that has led to a domino effect of intrusions that have
continued throughout 2014. Does 2015 stand poised to eclipse the
breadth and scope of data breaches that have been reported this
year?
Experian
released its "Second Annual Data Breach Industry Forecast," which
highlighted six different trends to watch in 2015.
Click here to download a full copy
of the 2015 Data Breach Industry Forecast.
Read
more
New
State Privacy Laws Go Into Effect on Jan. 1, 2015
California
and Delaware legislators have recently passed bills that impose
new data security and privacy requirements on companies nationwide.
The laws include new data breach notification requirements, marketing
restrictions, and data destruction rules. Read an overview of
the new laws and amendments that will go into effect on January
1, 2015.
Read
more
1
In 5 Employees Going Rogue With Corporate Data
A recent
SailPoint survey conducted by Vanson Bourne results amplified
concerns of companies around the world about the use of cloud
applications to share mission-critical information. In fact, 20%
of employees, as in, 1 in 5 employees, has uploaded proprietary
corporate data to a cloud application, such as Dropbox or Google
Docs, with the specific intent of sharing it outside of the company.
The survey
also found a clear disconnect between cloud usage across the business
and existing IT controls with an alarming two third of users able
to access those cloud storage applications after they had terminated
their employment with the company.
Despite that 60% of employees stated they were aware that their
employer strictly forbids taking intellectual property after leaving
the company, 1 in 4 admitted they would take copies of corporate
data with them when leaving a company.
Source: www.net-security.org
Read
more
 SterlingBackcheck Announces
The Appointment Of Clare Hart As CEO
SterlingBackcheck
announced that Clare Hart, the company's current president, will
assume the role of chief executive officer and become a member
of the company's board of directors effective January 1, 2015.
William Greenblatt, SterlingBackcheck's current CEO, will become
chairman, overseeing the company's growth and strategy. Greenblatt
has led the company for 39 years since its founding. The planned
CEO transition is part of the company's multiyear strategy of
domestic and global expansion.
"Since Clare
came on board as president, she has had a transformational impact
on the business," said William Greenblatt. "Her business acumen
and keen sense of strategy and organizational development has
led to dramatic increases in service for our customers worldwide
and continued to reinforce our position as the industry leader.
Between Clare and the senior management team we have put into
place over the past few years, the future is extremely bright
for SterlingBackcheck and I am now able to step back from the
day-to-day operations and transition to a more strategic role."
Read
more
 NAPBS Partners with Akin Gump Strauss
Hauer & Feld LLP for Advocacy and Legislative Support
NAPBS announced
it will begin a new Government Relations partnership with Akin
Gump Strauss Hauer & Feld LLP (Akin Gump). They will represent
all of NAPBS' needs with respect to federal and state advocacy,
lobbying, Legislative and Regulatory Conference, and management
of the annual day of advocacy on Capitol Hill.
Akin Gump is a leading global law firm with one of the largest
and most diverse public law and policy practices of any major
law firm in the world representing over three decades of experience.
Akin is renowned as one of D.C.'s top policy, government relations
and lobbying firms and also provides both legal services as well
as business solutions through their team of over 850 attorneys.
The firm prides itself on its bi-partisan team of both lawyers
and non-lawyer advisors. The history, breadth, expertise in our
profession and bi-partisan leadership made Akin a perfect fit
for NAPBS. Leading the NAPBS' core team will be Jamie Tucker who
brings with him over 15 years of political and policy experience
including work as legislative counsel to Rep. Bob Inglis and as
an aide to former Speaker of the House Newt Gingrich. Jamie also
served on several presidential campaigns. In addition to Jamie,
NAPBS' core team at Akin will include Don Livingston, known to
many of us for his work on the Freeman case and his participation
in past NAPBS conferences, Francine Friedman, Ed Pagano, Valerie
Morse White and Tony Curry. Look for more information to come
on Akin Gump and its team.
Source: NAPBS
 ClearStar A cquires
SingleSource Services
US background
check industry technology and service provider ClearStar has bought
all the assets of SingleSource Services Corp, a Florida-based
background screening company.
According to a statement from ClearStar, it paid a total cash
consideration of up to $4m (£2.5m), which is being funded
by the company's own resources.
SingleSource founder Don Dymer will act as a consultant for 12
months to help the integration process.
Read
more
 HighBank serves as exclusive financial
advisor to Hirease, Inc. on its sale to Accurate Background, Inc.
a portfolio company of Boathouse Capital
HighBank
Advisors ("HighBank"), a Baltimore, Maryland based middle market
investment bank, announces that it was the exclusive financial
advisor to Hirease, Inc. ("Hirease" or the "Company") on its sale
to Accurate Background, Inc. a portfolio company of Boathouse
Capital. Terms of the transaction were not disclosed.
Hirease is a five time Inc. 500/5000 award winning human resources
solutions provider serving clients across the United States. A
founding NAPBS member that has earned the coveted background screeners
BSCC Accreditation, Hirease provides accredited background screening
services to over 1,500 corporate and enterprise clients nationwide.
The acquisition will combine the strengths of two industry leaders
and leverage Accurate Background's global network and resources
and Hirease's industry solutions.
Read more
| Welcome
to the eVerify Challenge Question! |
Sponsored
By:
 Nicole A. Kersey
Managing Director, Kersey Immigration Compliance, LLC
nkersey@kerseyimmigration.com
Nicole A.
("Nici") Kersey is an attorney whose practice is dedicated to
employment-based immigration, with a focus on the Form I-9, E-Verify,
and related immigration compliance issues. Nici represents employers
before, during, and after Form I-9 inspections by Immigration
and Customs Enforcement (ICE), providing practical advice to and
serving as an advocate for employers during negotiations and litigation
relating to fines for I-9 violations. She is a frequent trainer
and speaker on I-9 and E-Verify issues. Nici is a graduate of
the University of Virginia School of Law and provides pro bono
representation to the spouses of U.S. soldiers and to arts organizations.
The
Challenge Question:
My
employee presented a receipt for a replacement document. How do
I handle this in E-Verify?
I know that employees can, when completing the Form I-9, present
receipts for replacement documents when the originals were lost,
stolen, or damaged. But how to I complete E-Verify queries for
these employees?
A.
Wait to run a query until the original document is presented.
B.
E-Verify users cannot accept receipts for I-9 purposes.
C.
Run the query as though the original document had been presented.
D.
Call E-Verify to have the E-Verify official push the query through
for you.
| EVERIFY
& IMMIGRATION ISSUES |
Human
Resources' Conundrum - Reconciling New Immigration Legal Status
Conferred by President Obama with I-9 Recordkeeping Realities
An estimated 4.4 million undocumented individuals will benefit
from President Obama's expansion of the Deferred Action for Childhood
Arrivals (DACA) Program by gaining work permits. Soon many Human
Resources professionals will face long-term employees "coming
out of the shadows" with possibly new identities and work authorization.
How should
an employer respond when an employee presents new identity and
new work authorization? What about The Immigration Reform and
Control Act of 1986 (IRCA) and Form I-9 requirements? What about
a company's "honesty" policy?
The current version of the USCIS' Handbook Employers ("Handbook")
already provides guidance on "new identity" situations: If the
identity information relied on for a previous Form I-9 and/or
E-Verify verification has materially changed, then the employer
should re-run with the new identity information.
The Handbook also states that while there may be other legal,
contractual, or company policy considerations, "where an employee
has worked for you using a false identity but [comes forward with
a new, true identity and] is currently work authorized,
the I-9 rules do not require termination of employment."
California employers must adhere to AB 263, California Labor Code
§1024.6 which prohibits an employer from taking adverse action
again an employee who updates or attempts to update his or her
"personal information, unless the changes are directly related
to the skill set, qualifications, or knowledge required for the
job."
Employer's
should view this as an opportunity to ensure a legal workforce
without imposing punitive measures against the employee who now
can benefit from immigration relief.
Source: www.pihra.org/
Read
more
One
Site! Many Suppliers! |
2013-2014
SUPPLIERS TO THE BACKGROUND SCREENING
INDUSTRY BUYERS GUIDE NOW AVAILABLE!
Looking for the Top Suppliers in the Industry? Need to find a
new Supplier?
Visit our VENDOR SHOWCASE
which features suppliers to the Background Screening Industry.
Click
here or on image to get a copy
THE
2015-2016 GUIDE IS COMING!
RESERVE
YOUR SPACE TODAY!
Kevin Coy is a Partner in the Washington DC office of Arnall
Golden Gregory LLP. Kevin
advises background screening companies and other clients on a
wide range of privacy and consumer regulatory issues, including
Fair Credit Reporting Act, Gramm Leach Bliley Act,
Drivers' Privacy Protection Act, and Dodd Frank Act compliance
issues, as well as data breach matters. Kevin also represents
clients with matters before the Federal Trade Commission, the
Consumer Financial Protection Bureau, and other consumer protection
agencies.
Kevin can
be contacted at Kevin.Coy@agg.com
or 202-677-4034.
THE WASHINGTON
REPORT
December
2014
On Capitol
Hill
As the 113th
Congress finished its work, there were a few final actions of
interest to background and tenant screeners.
On November
24th, Senator Lamar Alexander (R-TN), ranking member
of the Senate Health Education Labor and Pensions Committee, released
a report on the activities of the Equal Employment Opportunity
Commission (EEOC) titled: "EEOC: An Agency on the Wrong Track?
Litigation Failures, Misfocused Priorities, and Lack of Transparency
Raise Concerns about Important Anti-Discrimination Agency
The hacking
of Sony's systems has sparked renewed interest on data security
issues on Capitol Hill. On December 19, House Commerce Committee
Chairman Fred Upton (R-MI) announced that the Committee would
hold a series of hearings in 2015 on cybersecurity issues.
At the
EEOC
On December
8th, the federal judge in the EEOC's suit against BMW--
EEOC v. BMW Manufacturing Co., LLC, 13-CV-1583 (D.S.C.)-- ordered
the EEOC to turn over its own hiring policies to defendant BMW.
The court did caution, however, that it was not making any decisions
regarding the admissibility of the EEOC documents or that regarding
their ultimate relevancy to the proceeding.
At the
Department of Commerce
On December
19th, the National Technical Information Service (NTIS)
released a Notice of Proposed Rulemaking for final rules governing
access to the Death Master File (DMF). The final rule, once adopted,
would replace the temporary certification program currently in
place for access to the DMF.
On December
17th, NTIS also announced that the form necessary to
request access to the DMF under the Interim Final Rule had been
"reinstated" and that interested persons could once again apply
to be certified for access. Those that were previously approved
for access do not need to reapply at this time.
Read
the full report
2013
Best Advertisers of the Year Awards
Suppliers
to the Background Screening Industry
Thank You to Our Subscribers
that Voted in The 2013 Best Advertisers Award Competition!
The
Following People Were Selected as Winners:
Five
First place winners - Prize: Each wins a $100.00 AMEX gift card
jblanton@prehirescreening.com
perry@knowthefacts.com
renee@sjvassoc.com
larajezeph@hotmail.com
tomlawson@apscreen.com
Five
Second place winners - Prize: Each wins a $50.00 AMEX gift card
dxb.sheraz@gmail.com
peter.wfoley@gmail.com
sph@convergenceresearch.com
ubaid.rehman1080@gmail.com
rameezkhalid4@gmail.com
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What
To Know About Screening Tenants In Australia
Property
owners who are new to investing will undoubtedly have concerns
about who it is that will live in their asset. While problems
with tenants causing damage are not as commonplace as some may
have you believe, screening tenants will help you select a better
qualified occupant and feel more at ease with your selection.
When you
are screening tenants, even if you pick very carefully, there
is always the possibility that they will not treat your property
the way that you would have hoped for. Prepare adequately with
the right insurances to provide yourself a safety net.
You are checking
for two primary things when screening tenants:
1. Can they
afford this property?
2. Will they
look after the home?
Source: http://blog.realestateview.com.au
Read
more
Five Things to Know About Drug
Testing in Canada
In June2013,
the Supreme Court of Canada ruled against an employer's random
alcohol testing program, concluding that it was unreasonable.
In the 6-3 decision, the Court side with the Communications, Energy
and Paperworkers Union of Canada, which brought a grievance against
Irving Pulp and Paper.
The Court
based much of its decision on the earlier finds of an arbitration
board and the fact tht there were zero positive test results over
a 22 month period at the company's St. John, New Brunswick mill.
ON behalf of the majority, Justice Rosalie Abella wrote as reported
by CTV News: "In the end, the expected safety gains to the employer
in this case were found by the board to range "from uncertain
. . . to minimal at best" while the impact on employee privacy
was found to be much more severe. "Consequently, the board concluded
that the employer had not demonstrated the requisite problems
with dangerousness or increased safety concerns as workplace alcohol
use that would justify universal random testing.
Source: IFDAT
Global Insider, Fall 2014
Read
more
Welder
Sues Changan Ford, Saying Faulty Background Check Cost Him Job
Li Gang,
has filed a lawsuit in Hangzhou against U.S. auto giant Ford Motor
Co.'s China claiming the company refused to employ him even after
offering him a job because he failed a background check. This
is the first time a court in China has formally accepted an employment
discrimination case of this kind.
The plaintiff,
Li Gang, said Changan Ford Automobile Co.'s Hangzhou subsidiary
tested and interviewed him for an experienced welder position,
then offered him the job. He resigned from his previous job and
moved to the city from a neighboring area in June to take the
new post, but then the company refused to hire him because of
an "unclean background check."
Source: http://english.caixin.com/
Read
more
EU Commits To Creating Single Data Protection Law Across The Continent
The new European
commissioner with responsibility for data protection has outlined
her desire to introduce the Data Protection Regulation that would
create a single law covering the entire continent.
During a
speech at the fifth Annual Data Protection and Privacy Conference
in Brussels, the new commissioner for justice, consumers and gender
equality, Věra Jourová, outlined her wish to continue
the initiative begun by previous justice commissioner Viviane
Reding. "The proposed Data Protection Regulation will do away
with 28 differing national laws, and provide a single set of rules
on data protection valid across the EU," she said.
"The consensus
is that the odds of Europe adopting the Regulation in 2015 are
very high, which will trigger the countdown to transposition,"
he said.
Source: http://www.v3.co.uk/
Read more
No
Automatic Presumption of Good Assessments In Employment References
in Germany
Good news
for all employers: The German Federal Labour Court has
recently reversed the disastrous judgment of the Regional Labour
Court of Berlin-Brandenburg concerning the allocation of the burden
of proof with regard to assessments in employment references.
In Germany,
upon termination of the employment relationship employees can
claim for a written employment reference that contains information
about the nature and duration of their employment as well as about
their performance and behavior. Normally, the overall assessment
of the employee´s performance is made by using a common "school-grade
system" (very good resp. A - good resp. B - satisfactory resp.
C - adequate resp. D - inadequate resp. E).
The overriding
principle that employers have to take into account when creating
an employment reference is the principle of truthfulness.
Source: www.globalworkplaceinsider.com/
Read more
The Secret
Behind Background Checks In India-And Why
They Fail
The Uber
rape case in New Delhi has revealed the murky underbelly of slapdash
background checks in India. Uber is not alone. In a growing economy
like India, companies are often seen in a mad rush to hire in
the hundreds. Tight timelines for hiring and cost-consciousness
often tempt recruiters to go easy on checks and verification.
And it is
not hard to get fake documents in the country. There are close
to 7500 companies in India, which operate just for providing fake
employment and educational certificates, according to a report
by First Advantage, a background screening company.
In India,
the prevalent norm is for human resources (HR) to conduct a reference
check from past employment based on the information provided by
a candidate. The authentication of residential addresses, educational
and criminal records is typically outsourced to third party background
verification companies.
"About 90%
of organized sector undertake some form of checks while 95% companies
in the unorganized sector are still hiring without any background
check," said Alka Dhingra, regional manager - IT at recruitment
firm Teamlease Services.
Source: http://qz.com/
Read
more
Police
Do Away With Legwork For School Background Checks
Faced with
a deluge of applications, Alok Kumar, Additional Commissioner
of Police, announced that the city police have simplified the
procedure of verifying the background of school staff.
After a spate
of child sexual abuse cases, the police made it mandatory for
teaching and non-teaching staff to produce police no-objection
certificates when they seek employment. "Earlier, the police had
to visit each home and do their background verification. Now,
once we receive an application, we will check our database. If
the name does not figure on the list, we will issue a no-objection
certificate," he said. The simplified procedure will help them
clear pending applications quickly.
Source: http://www.newindianexpress.com/
Read more
THE
NETHERLANDS-DPA Gets Power To Fine Controllers and Processors
A bill was sent to Parliament giving the Dutch Data Protection
Authority (CBP) the power to fine controllers and processors for
violation of the Dutch Personal Data Protection Act and any other
laws containing data protection rules on Monday, 24 November.
Interestingly,
the bill also allows the CBP to fine individual employees for
failure to meet their confidentiality obligations (Art. 12 PDPA).
This may be the case where employees intentionally disclose personal
data to unauthorized persons, an act also punishable under criminal
law, but also where employees have been grossly negligent causing
a data breach.
Last but
not least, the Dutch CBP (College Bescherming Persoonsgegevens)
will change its name to the Personal Data Authority (Autoriteit
Persoonsgegevens).
Source: https://privacyassociation.org/
Read
more
Russian
Data Localization Law May Now Come into Force One Year Ahead of
Schedule, in September 2015
On 17 December,
the State Duma (the lower chamber of the Russian Parliament) passed
legislation that would change the effective date of Russia's new
law requiring the local storage in Russia of the personal data
of Russian citizens (Data Localization Law) from 1 September 2016
to 1 September 2015. The legislation currently is subject to the
Federation Council's (the upper chamber of the Russian Parliament)
and president's approvals.
While impacted businesses had hoped that the Data Localization
Law's effective date would remain 1 September 2016, after having
various consultations with IT specialists, legislators decided
to set a compromise date of 1 September 2015 The State Duma adopted
the new date.
Source: http://www.hldataprotection.com/
Read
more
New
Rules To Stamp Out Illegal Tenants
Landlords
in Swindon are being urged to be aware of new rules on screening
tenants, which could soon be rolled out across the UK. Swindon-based
Tenant Screening, which provides a vetting service to landlords
and letting agents across the country, says the new Right to Rent
scheme being piloted is likely to go nationwide soon and will
have an impact on the rental sector.
The aim of
the scheme is to clamp down on illegal immigrants living in private
rental property. Similar to the Government's Right to Work legislation,
the rules will ensure those who rent have a right to be in the
country. "The onus is on the landlord to carry out certain checks
on prospective tenants to see if they have a right to rent in
this country. "If they don't, and a property is rented out, landlords
could face a fine of up to £3,000 per tenant found to be
living illegally."
The guide
can be downloaded at www.tenantscreening.co.uk
Source: www.wiltshirebusinessonline.co.uk/
Read
more
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UPCOMING CONFERENCES, COURSES & EVENTS |
Feature
Education:
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FCRA
Basic Certification Webinar Series Update
The
FCRA Basic Certification program series is now available
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2014 Events ( Click
Here to View full list of Events ) - Updated
Monthly
SHRM
State Conferences, visit
http://www.shrm.org/Conferences/StateAffilliateConferences/Pages/default.aspx
Drug
and Alcohol Testing Industry Association (DATIA), 2013 Training
Course Schedule, visit
http://datia.org
SAPAA
Training Institute Learning Events, http://www.sapaa.com/
CUPA-HR
Conferences: http://www.cupahr.org/
World
Federation of People Management Associations, Events,
http://www.wfpma.com/events/by-region#quicktabs-tab-view__events__page_3-4
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