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    Resume Fraud

    The psychological teachings of Sigmund Freud might not be the first to come to mind as a guide for hiring new employees, but some of his theories about the elements of the personality can be applicable when conducting resume verifications.

    Freud’s views hold that the “id” is responsible for instinctive behavior, the “ego” reins in the “id,” and the “superego” consists of our morals. Job seekers tend to be impulsive when preparing their resumes, so consider Freud’s teachings to understand what candidates are going through when they apply for a job with your company.

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        Falsification of a Job Application

        Most job candidates know that falsifying a job application is grounds for being denied employment. Unfortunately, that doesn’t always stop them from doing it, however most understand the consequences if they get caught. Conversely, most employers are conditioned to believe they are well within their rights to deny employment on the basis that someone lied on the job application. In fact, I recently conducted a webinar on behalf of Newton Software and was asked if it is easier to deny employment based on an application omission or fabrication discovered on a background check rather than going through the adverse action process. Given this generally accepted principle and the current legal landscape concerning employment background checks, it might be time to question if employers truly have the legal right of way to take such action. [...]

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            Litigation Update

            Time Warner Cable has been named in a Fair Credit Reporting Act (FCRA) class action lawsuit filed last week in the Eastern District of Wisconsin. The class action complaint was filed on February 6, 2015, alleging that the company violated portions of the Fair Credit Reporting Act in its employment background screening process. The Plaintiff is a frequent flier—he’s the same guy who was named in one of the FCRA class action cases we reported on last week. Same law firm, same plaintiff, same allegations. Once again, the case focuses on the portion of the FCRA that requires a “clear and conspicuous disclosure” about the background check that is made in writing “in a document that consists solely of the disclosure.” [...]

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                Michael's Background Checks

                Litigation Update

                Michaels Stores was hit with another FCRA class action case last week. You might recall that the arts and crafts retailer was named in a similar suit just a few months ago*. The current complaint is once again about the Fair Credit Reporting Act (FCRA) disclosure requirement under 15 USC 1681b(b)(2)(a). Specifically at issue is the requirement that disclosure is made in a document that consists solely of the disclosure. The complaint alleges that in the company’s employment background screening process, the disclosure is “embedded within one long continuous web page that applicants fill out” that includes application information and a liability release. [...]

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                    Diploma Mills

                    The World Wide Web just got a little bit safer for consumers. The Federal Trade Commission (FTC) has shut down two bad actors running Florida-based diploma mills. Maria Garcia and Alexander Wolfram and IDM Services, LLC, conducting business as “Jefferson High School Online” and “Enterprise High School Online,” have entered into a settlement with the FTC for payment of 11.1 million dollars. In addition, they are now banned from marketing and selling academic degrees. This settlement is the end result of charges filed in September of last year by the FTC in a U.S. district court in Florida. Settlement payments have been partially suspended based on the Defendant’s inability to pay. [...]

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                        FCRA Litigation

                        This Post was Updated on February 9, 2015

                        Litigation Update

                        Alliance Hospitality Management is the newest company to face litigation for its background screening practices. The hospitality management company is facing a Fair Credit Reporting Act (FCRA) lawsuit filed last week in the Western District of Wisconsin. A class action complaint was filed on January 30, 2015, alleging that the company violated portions of the Fair Credit Reporting Act in its employment background screening process. The target was again, the portion of the FCRA that requires a “clear and conspicuous disclosure” about the background check that is made in writing “made before the report is procured or caused to be procured.” A representative of the company has stated that the allegations are false and that a separate disclosure was, in fact, obtained.   [...]

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                            Background Screening Trends

                            You wouldn’t take a survey that doesn’t benefit you, right? We feel the same. We’ve been asking for your input not only because we want to know what you think —but your peers want to know too.

                            In the past, our Annual Employment Background Screening Trends Report has delivered incredible insights for HR professionals, hiring managers, recruiters, and industry experts across the United States. This information reveals the opinions you feel most strongly about as well as insight into where the industry is headed.

                            In sum, taking part in our survey will benefit you in THREE ways:

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                                Non-Violent Criminal Records

                                Those of you who have been following this blog for a while know I do my best writing when I am outraged. This also explains why I haven’t been writing as much over the last few months. I just haven’t had anything juicy to sink my teeth into. Until now!

                                PBS just posed the most ridiculous poll question to their viewers, listeners, and readers:

                                Should employers doing background checks be blocked from seeing non-violent criminal offenses?

                                Response Choices:

                                • Yes, a non-violent offense should not be an obstacle to gainful employment.
                                • Yes, non-violent offenses should be sealed from background checks, but only after 10 years.
                                • No, a business owner has the right to know the full background of the individual he/she is hiring.

                                Before you answer, let’s analyze each of these responses to make sure you’re making an informed decision. [...]

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                                    Pizza Hut Logo

                                    Litigation Update

                                    Pizza Hut is the latest restaurant in the hot seat. The much loved pizza chain is facing an Fair Credit Reporting Act (FCRA) lawsuit filed last week in the Southern District of New York. A class action complaint was filed on January 15, 2015, alleging that the company violated portions of the Fair Credit Reporting Act in its employment background screening process. The target was once again, the portion of the FCRA that requires a “clear and conspicuous disclosure” about the background check that is made in writing “in a document that consists solely of the disclosure.”

                                    Case Name: Rivera Alberto v. Pizza Hut of America, Case No. 15CV00308, U.S. District Ct. for the Southern District of N.Y.

                                    File Date: January 15, 2015

                                    Cause of Action: Class Action, Fair Credit Reporting Act 15 USC 1681(b)(2)(a), Disclosure and Authorization

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                                        FCRA Litigation

                                        As we kick off a new year, at least one of the trends identified in 2014 continues to gather steam. The flood of FCRA class action lawsuits shows no signs of slowing down. As I’ve reported in the past, the hits just keep coming.

                                        Here’s the Roundup:

                                        Graham v. Michaels Stores Inc., Case No. 2:14-cv-07563, U.S. District Court for the District of New Jersey Dec. 4, 2014: The complaint alleges that the craft store chain violated both the New Jersey Fair Credit Reporting Act (NJFCRA) and the Fair Credit Reporting Act (FCRA). According to Graham, the company violated the requirement of providing a stand-alone disclosure. According to the complaint, the disclosure was part of the application form, included a space to list prior employers, and contained ten different state notices. The two classes identified in the pleading include all those who applied to Michaels through the online job portal in the two years prior to the suit, and all New Jersey applicants who applied in a six year window prior to the suit. [...]

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