EmployeeScreenIQ Blog

It appears that  HR 3149 was introduced yesterday and Referred to Committee.  HR 3149 is a bill set to amend the Fair Credit Reporting Act (FCRA) to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions.  EmployeeScreenIQ and EmployeeScreen University have written about this topic many times in the past.  As an industry, pre-employment credit reports are only suggested to be used when necessary and only for the responsibilities of that particular position.  In fact, the EEOC and FCRA already have provisions that the adverse information can only be used if it fits within the scope of the job. Most background screening programs only impliment this type of check as part of a much broader search.

Section three of the bill provides some exceptions but does not take into account most of them.  We suggest you spend some time reading this bill and write your congressperson to oppose it.  We agree the intent of this bill is to get more people to work.  However, as with most legislation, there are some unintended consequences.  There must be provisions for positions that could be negatively effected by a person with a poor credit history.  This 111th Congress has a horrible track record already for not even reading bills before voting.  Reach out and make a difference, make them read it, make them amend it!

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Federal contractors be advised. It appears that the government is finally ready to follow through on its mandate to have all federal contractors use E-Verify to confirm employment eligibility on all workers. After several delays since the rule was supposed to take effect in January, 2009, DHS sent out this release this morning.

Department of Homeland Security

Release Release Date: July 8, 2009

For Immediate Release Office of the Press Secretary Contact: 202-282-8010

Department of Homeland Security (DHS) Secretary Janet Napolitano today strengthened employment eligibility verification by announcing the Administration’s support for a regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization. The declaration came as Secretary Napolitano announced the Department’s intention to rescind the Social Security No-Match Rule, which has never been implemented and has been blocked by court order, in favor of the more modern and effective E-Verify system.

“E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” said Secretary Napolitano. “Requiring those who seek federal contracts to use this system will create a more reliable and legal workforce. The rule complements our Department’s continued efforts to strengthen immigration law enforcement and protect critical employment opportunities. As Senator Schumer and others have recognized, we need to continue to work to improve E-Verify, and we will.” E-Verify, which compares information from the Employment Eligibility Verification Form (I-9) against federal government databases to verify workers’ employment eligibility, is a free web-based system operated by DHS in partnership with the Social Security Administration (SSA). The system facilitates compliance with federal immigration laws and helps to deter unauthorized individuals from attempting to work and also helps employers avoid employing unauthorized aliens.

The federal contractor rule extends use of the E-Verify system to covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds. After a careful review, the Administration will push ahead with full implementation of the rule, which will apply to federal solicitations and contract awards Government-wide starting on September 8, 2009.

On average, one thousand employers sign up for E-Verify each week, totaling more than 134,000 employers representing more than half a million locations nationwide. Westat, an independent research firm, found that 96.9 percent of all queries run through E-Verify are automatically confirmed work-authorized within 24 hours. The figure is based on statistics gathered from October through December 2008. Since October 1, 2008, E-Verify has processed more than six million queries. In an April 2009 American Customer Satisfaction Index Survey of over a thousand E-Verify participants, E-Verify scored 83 out of a possible 100 points—well above the latest federal government satisfaction index of 69 percent. In addition to expanding participation, DHS continues to enhance E-Verify in order to guard against errors, enforce compliance, promote proper usage, and enhance security. Recent E-Verify advancements include new processes to reduce typographical errors and new features to reduce initial mismatches. In May 2008, DHS added access to naturalization database records which increased the program’s ability to automatically verify naturalized citizens’ status, reducing citizenship-related mismatches by 39 percent. Additionally, in February 2009, the agency incorporated Department of State passport data in the E-Verify process to reduce mismatches among foreign-born citizens. Other initiatives underway will bring further improvements to Federal database accuracy; add new tools to prevent fraud, misuse, and discrimination; strengthen training, monitoring, and compliance; and enhance privacy protections.

DHS will be proposing a new regulation rescinding the 2007 No-Match Rule, which was blocked by court order shortly after issuance and has never taken effect. That rule established procedures that employers could follow if they receive SSA No-Match letters or notices from DHS that call into question work eligibility information provided by employees. These notices most often inform an employer many months or even a year later that an employee’s name and Social Security Number provided for a W-2 earnings report do not match SSA records—often due to typographical errors or unreported name changes. E-Verify addresses data inaccuracies that can result in No-Match letters in a more timely manner and provides a more robust tool for identifying unauthorized individuals and combating illegal employment.

As Governor of Arizona, Secretary Napolitano signed legislation mandating all employers in the State use E-Verify. Implementation of this legislation has received high marks from employers across Arizona and the USCIS Ombudsman (in a December 2008 report).

For more information on E-Verify, visit www.uscis.gov/everify.

View Official Release

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Greetings from the exhibit floor of the 61st Annual SHRM Conference in NOLA.  Believe it or not, this place is rocking.  Attendance is down a bit, but you wouldn’t notice it judging from the crowds at the general sessions and in the exhibit hall.

We chose to release our Annual Top 10 Background Screening Trends list at the conference list year.  Check it out!

Hiring Controversies, Social Networking and Falsified Resumes Top EmployeeScreenIQ’s Annual List of Background Screening Trends

Global employment screening company shares 10 insights about hot topics that hiring professionals need to watch during 2010

EmployeeScreenIQ, a global leader in employment screening, has announced its 2010 list of 10 background screening trends.

Since 2007, the company has developed an annual list to be unveiled at the Society for Human Resource Management (SHRM) Annual Conference and Exposition. This year’s trends were announced at SHRM’s New Orleans conference and are designed to equip hiring professionals with advance information on crucial screening topics before they become everyday news.

EmployeeScreenIQ’s top background screening trends for 2010 include:

1. Greater hiring controversies due to social networking. Social networking has exploded in popularity and changed America’s culture. A recent CareerBuilder study found one in five employers used social networks such as Twitter and Facebook to influence hiring decisions. However, many sites have no verification process and several can be edited by anyone with access to the Internet. Sites such as YouTube and MySpace have few content requirements, and nearly all sites allow users to make up a profile in someone else’s name. At risk are FCRA (Fair Credit Reporting Act) regulations and EEOC (Equal Employment Opportunity Commission) guidelines.

2. Contractor and PEO background checks rise in importance as temporary labor gains widespread use. As the economy regains its footing, employers will turn to temporary labor such as onsite vendors, contract employees and PEO workers. When a contractor is on-site at an employer’s business, which party is responsible for screening the contractor’s workforce? And how can all those involved be sure the contractor has chosen a screening provider who employs best practices? Addressing these issues before signing a contract will be critical for employers in 2010, and their diligence will be tested. A primer for employers is available at: http://university.employeescreen.com/articles/Contractor_Performed_Check

3. Increased hiring in 2010. Integrating a background screening program with applicant tracking systems (ATS) will enable companies to save time and money in the onboarding process. This will help speed the inevitable hiring upswing in 2010, as companies realize that the recent mass layoffs cut too deeply into their workforce. Key employees will be rehired and job vacancies will need to be filled.

4. Fewer employers will respond to requests for resume verifications. Mass layoffs have left HR departments short-staffed and spread thin in managing responsibilities. As a result, employers are either slow or unable to assist with background checks and verifications. The reality is that former employers don’t make money providing verifications, and many are outsourcing the verification process to a third party provider. However, such companies simply provide payroll data that their client – the candidate’s former employer – uploaded to their system, and information is lost about the candidate’s performance, attitude, skills and experience. http://university.employeescreen.com/articles/Employment_Verifications_Layoffs

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Its one thing when a company fails to do a proper background check somewhere in the United States. Its another when it happens in my own county!  Cuyahoga County, well know around the State of Ohio for corruption has another feather for its cap.

Agency that transports the elderly within Cuyahoga County fires its finance director after The Plain Dealer inquires about his criminal past

Senior Transportation Connection — a public-private partnership that runs van service for senior citizens in about 20 Cuyahoga County communities — fired its finance director Wednesday, a day after The Plain Dealer confronted him about his recent criminal history of stealing from employers.

Jeremy D. Fields worked as a consultant for the agency since May 2007, months after getting out of prison for his second felony theft conviction in two years. Court records and interviews show that Fields, 32, embezzled nearly $200,000 from two area businesses before landing the job with Senior Transportation Connection.

Agency Director Janice Dzigiel said she was unaware of Fields’ criminal past until Tuesday when a reporter contacted Fields. Dzigiel said after Fields ended the phone call, he rushed into her office and revealed everything.

Dzigiel said she was stunned by the revelations and told Fields to turn in his keys and leave the agency offices, on West 150th Street in Cleveland.

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We were just made aware of this today.  We have notified the National Association of Professional Background Screeners (NAPBS), we will work together on an action plan!  As we reported last week, we met with the EEOC in Washington DC regarding credit reporting issues and they are aware of our position.  We certainly understand where the legislation is coming from but its important that lawmakers understand that these reports are needed in certain circumstances.  Background checks are an integral part of the hiring process and companies can’t continue to put themselves in harms way. Stay tuned to employeescreen University for regular updates!

Bill Would Ban Using Credit History in Hiring

Ohio employers should not be allowed to consider people’s credit history when deciding whether to hire them or change their employment status, a Columbus Democrat said after introducing a bill to ban the practice.

Sen. Ray Miller said he introduced legislation declaring it discriminatory to use a person’s credit rating in relation to his or her employment after two constituents were fired from the Defense Supply Center Columbus because of their credit history.

“This issue is particularly discriminatory for young people who are just starting out in the job market,” Miller said. “They are in a tough economy with more student loan debt than has ever been experienced before. We need to be aware of how society is changing.”

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We have seen this before and we will see it again.  Worried about identity theft, Texas legislators are attempting to remove dates of birth (DOB’s) from public records.  The National Association of Professional Background Screeners (NAPBS) is aware of the issue and will be in contact with Texas officials.  NAPBS has been successful in several states when these issues have surfaced in the past.  Whereas this bill does not directly remove DOB’s from all public records, its sends the wrong message.  Any type of redaction could open a pandora’s box of legislation. DOB’s are a critical piece of information when conducting a background check.  If the public record does not include the Social Security Number, a DOB is the only way to identify the subject as the one a search is being conducted on.  Using an individuals DOB to commit identity theft without the Social Security Number is virtually impossible, therefore NAPBS has taken a strict position against redaction of this critical information. NAPBS and employeescreenIQ will be releasing more information on how you can contact Texas lawmakers in the coming days.  We will be updating employeescreen University regularly as information becomes available.

Bill Seeks to Pull Birth Dates from Public Records

By JACKIE STONE Associated Press Writer © 2009 The Associated Press

AUSTIN, Texas — Texas lawmakers worried about identity theft are trying to remove state employees’ birth dates from public records — a move journalists and open records advocates say is unnecessary and will hamper government oversight.

A proposal by Rep. Helen Giddings, D-DeSoto, that would make the information private is scheduled for a public hearing Tuesday. A Senate version of the bill had a hearing earlier this month.

Those and at least two other bills filed in the Legislature this session could supersede a pending Texas Supreme Court case between The Dallas Morning News and the state comptroller’s office.

In 2006 the comptroller’s office filed a lawsuit asking that birth dates be ruled as personal information exempt from open records requests. That was after then-Comptroller Carole Keeton Strayhorn refused to include birth dates with employee payroll records requested by the Morning News. Past records have included the dates.

Current Comptroller Susan Combs has backed Strayhorn’s decision as the case moved through the lower courts.

“The main date-of-birth problem we have is identity theft, and identity theft is one of the nation’s fastest growing, most expensive criminal enterprises,” said Allen Spelce, a spokesman for Combs.

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This just in from NAPBS Lobbyist Montserrat Miller, of Counsel – Greenberg Traurig LLP.

According to Montserrat: Earlier this month, the litigants in the court challenge to the FAR Council’s regulations, mandating a modified version of the E-Verify/Basic Pilot program, reached an accord in which the government agreed to suspend applicability of the rule until February 20, 2009. Today, the litigants agreed to extend the applicability date to May 21, 2009, and asked  the court to stay the proceedings to allow President Barrack Obama’s Administration an opportunity to review the rule.

On January 20, 2009, Rahm Emanuel, President Barrack Obama’s Chief of Staff, issued a memorandum to the heads of all executive departments and agencies governing issuance and possible suspension of regulations. The memorandum stated that agencies should “[c]onsider extending for 60 days the effective date of regulations that have been published in the Federal Register but not yet taken effect.”

Under the new applicability date, which is expected to appear in Friday’s Federal Register, any solicitations that occur prior to May 21, 2009, would not contain the contract clauses that the rule would impose. As previously reported, the rule mandates on most federal contractors and subcontractors a modified version of the E-Verify/Basic Pilot program—requiring reverification of the workforce and creating vicarious liability for subcontractors.

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We are proud to announce that employeescreenIQ has formed a strategic alliance with iCIMS which will allow hiring professionals using iCIMS’ Talent Management Solutions to automate thorough, accurate and compliant background checks for employment applicants around the world.

The integration allows users to perform employment background checks by seamlessly and securely transporting the necessary data from iCIMS’ Talent Management Platform to employeescreenIQ without duplicate data entry, allowing for greater efficiency and ultimately reducing a corporation’s overall time-to-fill metric.

The alliance between employeescreenIQ and iCIMS will ultimately help HR professionals become more efficient in evaluating candidates and more competitive in their race to introduce new talent to their organizations.

We are exicted about the opportunities this partnership will create for our mutual clientele.  If you are interested in learning about how you can benefit from this integration, please contact us for more information.

View the full press release here . . .

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Most of us knew this was coming!  This allows for employers to continue using automated I-9 Services and E-Verify as it currently stands.

Democratic leaders and Republicans agree that there is not enough time left in this year’s congressional session for the wider verification debate.

In a year when political gridlock has halted most immigration legislation, the House overwhelmingly approved a bill Thursday, July 31, that would extend for five years a controversial government-run electronic employee verification system.

Although the measure passed 407-2 under special House rules that required at least a two-thirds majority, the final outcome doesn’t signal widespread agreement on the issue.

Many Democrats and some Republicans want to overhaul or junk E-Verify. Most Republicans and some conservative Democrats praise it for helping reduce the “jobs magnet” that fosters illegal immigration—and want to make it permanent and mandatory for all employers.

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My mother always taught me not to seek benefit from others misery.  Normally I would agree with her. I usually do! Unfortunately I won’t in this case, sorry mom!  I have no admiration or tolerance for people who lie on their resume.  Yesterday we wrote about Donald Trumps advise on resume fraud, today we find a serious offender. Who do you blame, the liar….or the districts failure to conduct a proper background check?

ALBION, N.Y. – The superintendent of an upstate school district faces a felony charge for allegedly lying on his resume, claiming he served 17 years as a state trooper.

State police arrested 48-year-old Richard Galante Wednesday and charged him with offering a false instrument.

Galante became superintenent of the Medina School District in Orleans County in 2003 after working in the district since 2000.

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