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Sorry, I’m a little slow on posting this, but the EEOC recently wrote an opinion letter that suggests that requiring a high school diploma as a condition of employment may be discriminatory.

Now as many of you know, I would usually take this opportunity to excoriate the EEOC.  However, I’m turning over a new leaf this year and refuse to be drawn into negativity (anyone want to place a wager on how long this will last for?).

ERE’s John Zappe wrote a great post on this topic.  See excerpt below.

An “informal discussion letter” just posted to the EEOC’s website says that under certain circumstances, requiring a diploma may run afoul of the Americans with Disabilities Act. If the requirement screens out persons unable to earn a diploma because of a bonafide disability, the employer has to justify the requirement as job-related and consistent with business necessity.

Doing that for some jobs isn’t going to be easy. Employers almost as a matter of routine include at least a high school degree requirement in every job posting, including for janitors and cleaners. The U.S. Labor Department, however, says, “Most building cleaning workers, except supervisors, do not need any formal education and mainly learn their skills on the job or in informal training sessions sponsored by their employers.”

Informal discussion letters aren’t policy. That’s up to the Commission members. However, employment lawyers see the letter as signaling the possibility that the EEOC may be looking to step up its enforcement of other provisions.

Says Proskauer Rose attorney Nigel F. Telman, “I could see them potentially … saying at some point” that a high school diploma requirement “may have a disparate impact on a particular class of people.”

For instance, 87.1 percent of the U.S. population older than 24 has a high school degree. However, only 62.9 percent of Hispanics do. So requiring a degree does have a disparate impact nationally. That alone isn’t illegal. But it does mean you’ll have to justify the requirement as both job related and consistent with business necessity.

If it’s the ADA that’s involved, you’d also have to also establish that with or without an accommodation the disabled person is unable to do the job.

Read Full Article

Discriminatory?  Really?

Doesn’t everyone in this country has access to public education?  What they chose to do with that access is up to them. I agree that every job should have requirements that correspond to the position, but discriminatory?  What on earth is the EEOC thinking?  Why not just make it illegal to actually have a degree?  I’m sure our kids would love that. I guess they aren’t happy until their relentless policies force everyone into court (or out of business).

So much for turning a new leaf.  I couldn’t hold back:)

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I, Jason B. Morris, PhD (From a diploma mill) recently came across an interesting article in today’s New York Times.  It appears that based on a recent court case in Texas, unaccredited schools are legal and are likely there to stay!  Tyndale Theological Seminary & Biblical Institute, a private Bible based learning institution with only religious course offerings recently won the right after a case allowing them to grant degrees.  In HEB Ministries Inc. Vs. Texas Higher Education Coordinating Board, the Texas Supreme Court allowed these degrees to be granted.

Christopher Cone, the president of Tyndale called “a key victory for Christian education in Texas.”  But critics of the decision say it may have opened the door to turning Texas into a breeding ground for unregulated diploma mills, with institutions allowed to grant degrees without approval from the state or a recognized accrediting body.

According to the New York Times;  Mr. Cone said such fears were unfounded. “What you saw rise up immediately after the decision was not diploma mills,” he said, “but Bible institutes that had been struggling and were suddenly able to put themselves out there.”

State officials are now reviewing whether the Texas court determination conflicts with the Obama administration’s broad new set of rules aimed at strengthening the integrity of higher education programs nationwide.

Including a degree or education verification as a standard part of your organizations employment screening program is now more important than ever.  Any thorough background check should always include searches to weed fake diploma mills, this decision just makes this process that much more difficult, unless of course you use a professional screening firm to help!

For more on this story, click here!

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Last year, we posted a story about a man, Adam Wheeler, who faked his way in to Harvard University by falsifying his student application.  He claimed that he had attended an exclusive prep school in Massachusetts and the Massachusetts Institute of Technology (MIT).  Harvard actually admitted him and was publicly embarrassed when the truth came out.

Wheeler was charged criminally in the matter, convicted and sentenced to two and a half years in prison and 10 years of probation.  He served 1 month prior to his trial and was released thereafter.

Well, according to CBSNews Wheeler is back at it again.  This time, he is looking for a job and indicated on his resume that he graduated from Harvard.  This was a violation of the terms of his probation and he’s now back in the slammer.

I know I’m not supposed to have a sense of humor about these things, but this is funny.  The truth is, if Wheeler was smart enough to fake his way into Harvard, conceivably, he might have been smart enough to get in on his own merits. I guess he didn’t take the school’s motto, Veritas (which means truth) very seriously.

Now back to serious.  Make sure you conduct education verifications and employment verifications before you hire someone.  People lie.  It happens all the time.  Performing these searches is your greatest tool for highlighting resume lies.

Check out Wheeler’s story below.

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We’ve just posted a guest article on EmployeeScreen University about the efficacy of resumes in today’s marketplace authored by Kevin W. Grossman, Chief Marketplace Evangelist at Fisher Vista, LLC and HRmarketer.com Check it out.

Okay, it’s not dead yet, but I want it to die.

I understand that there’s still a huge part of the career management industry keeping it alive, making it better and making it work for you, the job seeker. To all my friends in this industry, please forgive me, as I also understand it’s probably not going anywhere for years to come.

But I still want the painfully ubiquitous resume to die a horrible death.

Why? Because it’s a self-serving piece of inconsistently formatted and fudged professional drivel that really doesn’t help me hire true quality of fit. Just ask any background screening firm that does employment and education verifications. For example, EmployeeScreenIQ’s research yields a 52% discrepancy rate between what an applicant claims about their education and work experience and what they find when they verify such information.

Fifty-two percent. Sure, the resume helps me sift and sort to the short list, but a short list that’s almost half fabrication on the average. And if you as the job seeker take that risk and blatantly lie or embellish on your resume, and my background screening firm uncovers it, you are out of luck at a time of high unemployment where you really need a little luck.

Yes, embellishing the truth is fabrication. It doesn’t make it any better than an outright lie, especially if you’re telling me you’ve been programming native iPhone apps for the past six months and you really only took an online course six months ago and made one farting app, one that isn’t very good anyway because it sounds like a Yorkshire Terrier barking.

So what then do we put instead of this black magic resume full of lies and deceit?

Your professional online profile, of course. Like the one you better have completely up to date on LinkedIn, where thousands of recruiting professionals are scouring and sourcing every day. (And I’m not even talking about the majority of recruiting pros who search for online information about you across the internet and other social networks.) And by the way, much of the same advice you may get about building your resume applies to the online profile as well.

However, I get the fact that anybody can fudge an online profile just as well as they can a resume. But, there’s a peer pressure element of keeping one another honest in an online community where your professional history is available to everyone you’re connected with, many of whom you‘ve worked with or for at one time, if not currently, as well as the portion that’s available for public consumption if you so choose.

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Employers beware.  The Iceman cometh. Last week the Obama administration announced that it would audit another 1,000 employers throughout the United States to determine if they are have illegal workers on their payrolls.

The Wall Street Journal reports that this wave of ICE audits now brings this fiscal year’s total to 2,388 (beginning Oct. 1) which has already eclipsed last year’s total of 2,196.

The Journal warns, “For employers, the audits can lead to both civil and criminal penalties. The possibilities range from fines and being barred from competing for government contracts to criminal charges of knowingly employing illegal workers, evading taxes and engaging in identity theft.”

See WSJ Article

The best way for an employer to stay in compliance with federal regulations is to be vigilant in their I-9 practices. Every employee must have an I-9 form on file.

Many employers are moving towards the use of the government’s E-Verify system or other third party systems which allow for the complete electronic automation of the I-9 process; preparing and signing the form, submitting the form to the Social Security Administration, and auto archiving.

Everyone get the image of Top Gun’s Iceman, Val Kilmer?

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A former NASDAQ employee, Donald Johnson recently pleaded guilty to defrauding investors of over $750,000.  In this day and age, that amount is child’s play compared to some of the high profile fraud cases we’ve seen over the last couple years, but that’s really here nor there.  The thing that has left one Forbes blogger scratching her head is that this crime was totally avoidable.

All NASDAQ had to do was to conduct a thorough background check and they would have known that Johnson’s past would have provided a clear snapshot of what his future tenure with the company might hold.

According to Joelle Scott, “Nasdaq hired Johnson in 1989.  Three years prior, the Virginia Board of Nursing commenced an investigation into Johnson.  He had been working at Fairfax Hospital and, as a result of the investigation, according to the records from this department, Johnson admitted he had not only consumed Schedule II drugs while on duty as a nurse but also falsified hospital records in order to steal these drugs from the hospital.  Johnson was discharged from the U.S. Army Reserves where he was a captain and served as a nurse.”

Surely, a Professional License Verification with the Virginia Board of Nursing would have revealed information that would have raised red flags about Johnson.

NASDAQ claims to have conducted a background check on Johnson at the time of his hire, to which Scott reserves comments which should be shared over and over again with the myriad politicians and government agencies who seek to limit or ban the use of these vitally important employment screening practices.

“As we have explained to clients (both potential and existing) for over 20 years, comprehensive background checks are designed to uncover this sort of information to protect investors, board members, corporations and others.  Contacting licensing departments and appropriate regulatory bodies is an essential component of background checks.  This includes not only identifying any sanctions or disciplinary actions filed by the major regulatory agencies (SEC, FINRA, etc.) but also independently reaching out to government bodies that oversee the professions in which an individual has been involved from OSHA to the Departments of Nursing. These agencies provide critical information about an individual.

Johnson is one of many.  We have seen numerous people lie about degrees received from Ivy League schools and certifications received (yes, people still lie about this stuff!) and, like Johnson, people who voluntarily do not disclose their troubled pasts hoping no one will check.”

Click here for more information about what employers in the financial services industry should consider when screening potential candidates.

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Our partner in the UK, Verifile has released their second annual Accredibase™ report into diploma and accreditation mill activity has revealed an astounding 48% increase worldwide in the number of known diploma and accreditation mills in the last year. As the Internet is the primary home for these bogus education and accreditation providers, little action is taken to stop them from helping unscrupulous candidates deceive unsuspecting employers.

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Our U.K. strategic partner, Verifile Ltd. has published their 2011 report on diploma and accreditation mill activity and reveals an astounding 48% increase worldwide in the number of known diploma and accreditation mills in the past year alone. As the Internet is the primary home for these bogus education and accreditation providers, little action is taken to stop them from helping unscrupulous candidates deceive unsuspecting employers. This year’s Accredibase™ report examines the current status of the diploma mill situation and considers what can be done to protect the public and businesses.

The Accredibase™ report identifies the following red flags that may help in the identification of diploma mills*:

  • The institution does not have authority to operate or grant degrees from the education authorities where it claims to be based.
  • Degrees are delivered in a very short space of time – sometimes just a few days.
  • Degrees are granted based entirely on work or life experience.
  • Contact details are limited to an email address and the institution is vague about its location.
  • The institution will allow the student to choose his/her own course title and specify the graduation year to appear on the certificate.
  • Sample certificates, transcripts or verification letters are available to view on the website.
  • Institutions make over-complicated or misleading claims about accreditation or recognition.
  • The institution’s name is similar to that of a recognised and respected education institution.
  • Internet domain names are misleading – such as ‘.ac’ instead of the regulated ‘.ac.uk’ used by higher education institutions in the United Kingdom.
  • The website is poorly designed, has poor spelling and grammar or it plagiarises copy from other institutions.

Verifile’s proprietary database of diploma and accreditation mills, Accredibase™, keeps track of the credential fraud industry. Verifile’s Accredibase™ has identified approximately 5000 suspect educational institutions and accreditors, including 2,615 known bogus education and accreditation providers. In addition to the huge number of confirmed mills known to Accredibase™, new suspect institutions are discovered on a daily basis – more than 2,000 are currently under investigation by Accredibase™ for inclusion in the database.

Download the full report

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Con Man Gets Job as Bank CEO

Published on 03 February 2011 by in Resume Verifications

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Somebody didn’t do their homework…

A London man was able to gain employment as the Deputy CEO of a Middle Eastern bank after a headhunting firm located his fictitious resume online.  His resume claimed degrees from both Harvard and Oxford as well as long term employment at one of the world’s top financial institutions – J.P. Morgan.  The headhunters forwarded the resume to their client who promptly interviewed and hired the fraudster.  It was only after they had flown him to the Middle East to meet their wealthiest clients that they discovered his lies.

A few simple inquiries into this person’s past prior to a job offer would have saved this bank a little bit of money and a lot of embarrassment.

Fraudster conned his way to top bank job

A conman used a fake CV to trick his way into becoming the £165,000-a-year deputy chief executive of a City investment bank, a court heard.

By Paul Cheston, Courts Correspondent – London Evening Standard – 1/31/2011

Peter Gwinnell, 49, posted a résumé online which claimed he had degrees from Oxford and Harvard and had worked for JP Morgan for 20 years.

The fake was enough to convince City headhunters Connaught Partners to put him in touch with Ahli United Bank, which was looking for a new deputy chief executive, in the autumn of 2009. Gwinnell played the role of senior banker so well that after two interviews he was appointed to the job.

He worked for a month, flying out to the Middle East several times to meet wealthy clients and collecting £14,500 in salary. It was only when Ahli ran extra checks that it realised Gwinnell’s story was a lie.

In reality he was a convicted conman who had served six months in prison in the Nineties and had not attended either university, or worked at JP Morgan. Gwinnell, of Harrow, admitted a single count of fraud and was handed a 50-week prison sentence, suspended for 18 months, at Southwark crown court. Judge Geoffrey Rivlin QC spared him an immediate jail term after hearing he had already spent 12 weeks in custody on remand, and was suffering from serious depression.

The judge instead ordered Gwinnell to complete 100 hours of unpaid work, 18 months of supervision with a probation officer and to continue to undergo treatment for his depression.

He also banned him from uploading a CV onto the internet without the court’s permission. Sentencing, he told Gwinnell: “Somehow or other you managed to convince Connaught Partners that you were a suitable candidate for employment by the bank.

“This offence was deliberately planned, and it caused loss, but also no doubt much trouble and aggravation, and quite obviously embarrassment to the bank who determined that you were suitable for employment.”

The court heard that even after Gwinnell was questioned by police, he sent a fraudulent CV to a Swiss bank before withdrawing the job application.

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Bragging to your buddies about your days in the trenches doesn’t hurt anyone or anything, unless of course they find out you’re a big fat liar and your ego gets bruised.  Masquerading these lies as expertise and profiting from it, on the other hand, has a tremendously adverse effect on those supposed to benefit from your instruction – especially when those people are federal, state and local law enforcement agencies who need this knowledge in the event of an attack or disaster. 

This story can be added to our ever growing list of why you have to background check before you let someone in the front door.

Maryland Man Arrested for Allegedly Lying About Military Service

By Edmund DeMarche, FoxNews.com – 01/26/2011

A Maryland man who the FBI says posed for years as a retired army special forces colonel and made a career lecturing law enforcement agencies about global terrorism and human trafficking across the country has been arrested.

William G. Hillar, 66, was arrested at his home Tuesday and faces a federal count of mail fraud for payment he received for lectures he gave at Monterey Institute of International Studies in California, according to court papers.

Hillar’s former website, which has since been taken down, claimed that he is a retired Colonel of the U.S Army Special Forces and served in Asia, the Middle East and Central and South America, according to court papers.

Sporting this resume, Hillar apparently had no problem finding work.

His client list included dozens of schools and agencies across the country, ranging from FBI and Army units to local and state police agencies from Idaho to Georgia, reported the Herald.

The investigation found that Hillar was never a Green Beret nor did he serve in the U.S. Army. The highest rank he reached was radarman in the Coast Guard, serving from 1962 to 1970. Court papers go on to say Hillar was never deployed to the locations he stated in his biography and never underwent any documented training to support claims of knowledge in counter-terrorism, explosive ordinance, emergency medicine or psychological warfare.

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