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Background Checks Under Fire

by Shane Sawyer 5. December 2012 04:40

We have seen some controversy over pre-employment background checks in the news lately.  Unfortunately, without a full understanding of the industry, it is difficult to get the story right.  NBC’s Today Show highlighted a couple people who were victims of poor reporting practices by companies with inferior screening tools.  What the reporter failed to understand was that industry best practices all but eliminate these problems. To paint the entire industry was irresponsible and incomplete reporting; just imagine if the same reporter were to catch wind of a story involving violence at the workplace committed by an ex-felon and there was no background check done.  How do you think that story would go? More...

Stopping Synthetic Name Fraud with CBSV

by Shane Sawyer 6. August 2012 10:22

We have all been educated on protecting ourselves from identity theft; shred your important documents, protect your mail, don’t share passwords etc.  As is all too common, the criminal element has become quite sophisticated and has found new ways to cheat the system.  Synthetic name fraud has created a whole new problem for employers too.  Criminals and undocumented residents are acquiring legitimate Social Security Numbers and assigning their own name to them, essentially giving themselves a new credit history and erasing a criminal past.  This practice is used to start a fresh credit history and exposes employers to the risk of hiring undocumented workers.  Recently a man was arrested after it was discovered he had been using the SSN of a deceased man for 20 years, he worked at an airport!  E-verify does not always catch synthetic name fraud, only Consent Based Social Security Verification (CBSV) can detect people attempting to use a SSN that does not belong to them.

What is CBSV?

CBSV is the only Social Security Validation with direct access to the Social Security Administration Master File and Death Index.  It can be used for any legitimate purpose (pre-employment, post-employment, mortgages, students, patients, access authorization, etc.)  CBSV validates Name, SSN, Gender, Date of Birth and Death Indicator and requires a specific signed release form authorizing the search called a SSA-89 Form. 

CBSV was developed and is administered by the Social Security Administration.  It can be used for any legitimate business purpose to match a Social Security Number to the applicant.  It is consent based and can be run exclusively or selectively – there are no government regulations requiring when or on whom it should be done.   It works by comparing Name, Gender, Date of Birth and Social Security Number with actual SSA Records and ensures accuracy by directly accessing the original source of data. 

How is E-Verify Different?

E-Verify is operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA).  It verifies employment eligibility of newly hired employees and/or employees assigned to a federal contract.  Once enrolled in E-Verify, it must be run exclusively within 3 business days of hire, and cannot be run on existing employees.

E-Verify works by comparing the information entered on an employee's Form I-9 with SSA and DHS records to verify employment eligibility.  The information returned is from multiple sources.  It validates the legitimacy of the Social Security Number but may not compare all identifiers from the master index.  It is not a very robust search, and is easy to scam. 

The following article is about a man who used the identity of a 3 year old boy who was murdered in 1982.  He used the boy’s identifiers to obtain a birth certificate, Social Security Card, Oregon Driver’s License, passport and voter registration card.  He underwent background checks to work for the Oregon Liquor Control Commission, where he was employed since 2002.  A traditional SSN Trace or an E-Verify search would not have caught this.  CBSV however, would have returned a death indicator and exposed the Identity Fraud.

Mystery Man who stole boy’s identity actually a Bulgarian Immigrant

In 2010, a study was done to evaluate E-Verify and revealed a 54% failure rate at identifying unauthorized workers.  According to the research company who conducted the study, the failure rate is because it can’t detect identify fraud.  See the full text of the article published in the Washington Times about this study.  It is however important to note, improvements have been made in the past 2 years, but the failure rate remains a problem. 

Washington Times Article: Most Illegal Workers Elude E-Verify

How does CBSV detect Identify Theft?

Synthetic Identity Fraud is the fastest growing type of Identity Theft.  It’s when someone uses their own name and identifiers, with a stolen SSN and blends them together.  When this combination is used, it creates a new valid credit profile.  This pollutes the pool of information and creates vulnerabilities in traditional validation searches.   According to the FTC there are more than 10 million more credit profiles in the system than there are consumers.  It’s simple to steal a valid SSN.  Websites like SSNValidator.com allow anyone to use SSN Algorithms to test unlimited combinations of numbers for free and find a valid SSN. 

Stolen SSN’s are marketed as Credit Profile or Credit Privacy Numbers (CPN) as a way to get a clean credit slate or one with a high score.  A simple internet search will reveal multiple websites and how-to videos for obtaining a new “CPN”.  Below are links to just a few of these:

Craig’s List

You Tube

CPN Headquarters

Tradeline Resellers

Legal CPN’s

Why aren’t these websites shut down?

Many of these websites are operated in offshore countries with untraceable IP addresses, so authorities are unable to shut them down.  Even if sites are removed, they can pop back up within hours with a different URL. 

Contact Pinnacle today for more information on CBSV.

Pinnacle Investigations is a full-service risk management and investigation company that provides accurate, thorough and timely background investigations. Pinnacle is committed to the highest ethical standards and quality control practices and is committed to educating our clients about due diligence, applicable state and federal laws and the risks and liability associated with modern Human Resource Management.  Our experienced team provides personalized customer service to each of our clients and strives for 100% satisfaction with the delivery of a superior product.  Pinnacle lives out its motto ‘Our Passion is Your Protection’. Contact us today for more information

Vermont Becomes Eighth State to Prohibit Employers from Using Credit Information in Employment

by Sabrina Sawyer 14. June 2012 04:52

 

Pinnacle Investigations is constantly working to keep our partners up-to-date on the changing landscape of pre-employment background screening on a national and individual state level.  Read below to learn of recent changes in Vermont and check our website for upcoming free webinars and key information that affects all employers. More...

Off-shoring – Alarming Trend in Background Screening

by Shane Sawyer 6. June 2012 08:35

With the recent news of yet another background company closing an entire office to move more than 100 jobs overseas, we have to consider just how alarming this dangerous trend is.  Not only is this a major loss for a local community and bad news at a time when so many Americans are looking for work and stability; it is also an alarming prospect to think that the personal information of job applicants including Social Security Numbers, address history, name history and credit information are being sent overseas. Privacy and security are threatened by this practice as well as dangers of identity theft. More...

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Compliance | Due Diligence

EEOC Releases New Enforcement Guidance On Arrest And Conviction Records In The Hiring Process

by Sabrina Sawyer 26. April 2012 10:09

This Wednesday, the EEOC issued new Guidance on the use of arrest and conviction records in the hiring process. The EEOC issued a press release about the Guidance along with a Q & A sheet.  The full guidance is available here:  Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.


The EEOC's Guidance is intended for employers as well as the EEOC's investigative staff.  The new guidance is expected to impact litigation issues in cases brought by the EEOC over use of criminal records in the hiring process. Commissioner Ishimaru stated at the meeting this morning that the EEOC was currently investigating hundreds of cases where employers illegally (allegedly, according to the EEOC) used criminal history in employment decisions. This comes after the EEOC's high profile $3.13 million settlement with Pepsi earlier this year in a hiring discrimination case over the use of criminal background checks.

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Compliance

Survive EEOC crackdown on background checks, leave policies

by Shane Sawyer 10. April 2012 08:40

The following is a great article published by Business Management Daily with some great information on current trends in background screening.  If you have any questions about FCRA compliance or best practices in pre-employment screening, please contact us.

 

Survive EEOC crackdown on background checks, leave policies

by on April 10, 2012 9:00am
in Centerpiece,Discrimination and Harassment,Employment Background Check,HR Management,Human Resources

The EEOC received a record 99,947 charges in the 2011 fiscal year—the most the agency has received in its 46-year history. That’s an increase of more than 30% from just five years ago.

Given this sharp increase in charge activity, now is a good time to review your personnel policies and practices to make sure you’re taking appropriate steps to help prevent potential dis­crimination claims.

In reviewing their policies and practices, employers may want to consider the following two EEOC enforcement trends: increased scrutiny of background checks and inflexible leave policies.

Background on background checks

Several high-profile acts of employee violence and other criminal activity over the past several years have caused many employers to increase their use of employee background checks.

Background checks are useful for several reasons. They can help weed out potentially violent job applicants and identify employees who might engage in other bad acts. They can also provide some measure of defense against negligent-hiring claims.

However, employers need to be cautious to ensure that their use of background checks does not inadvertently lead to discrimination claims.

The EEOC has long taken the position that policies and practices that exclude applicants on the basis of credit history or criminal background can have a disparate impact on minorities (thus violating Title VII of the Civil Rights Act) unless the policy or practice is job-related and consistent with business necessity.

The EEOC has recently increased its scrutiny of employers that use background checks as part of its Eradicating Racism and Colorism from Employment (E-RACE) initiative.

Background-check best practices

In light of this increased EEOC scrutiny, you should carefully review your background-check policies and practices.

In particular, make sure that when an applicant is excluded from employment as a result of the background check, you can articulate why the ex­­clusion is job-related and consistent with business necessity.

In addition, ensure that your background-check practices comply with the Fair Credit Reporting Act and applicable state consumer reporting laws, which govern checks. Those laws impose several notice requirements on employers that conduct background checks.

Beware inflexible leave rules

Another focus of increased EEOC scrutiny is inflexible leave policies. The EEOC has recently brought several disability discrimination lawsuits against companies that have terminated employees who were unable to return to work at the end of a maximum leave period. That can be very expensive!

Two years ago, the EEOC settled a case with Sears for $6.2 million. In that case, the EEOC claimed Sears violated the ADA by having a policy of terminating employees who were out on workers’ compensation leave for more than one year. Sears refused to consider accommodations that involved returning to work in a different capacity or offering brief extensions of leave.  

Last year, the EEOC also settled a similar disability discrimination lawsuit against SuperValu Inc. for $3.2 million.

Those settlements are a stark re­­minder that an inflexible leave policy (even a generous policy that provides 12 months of leave) can lead to violations of the ADA if employers do not consider available reasonable accommodations that would allow em­­ployees to return to work.  

Legal leave policies

In light of this enforcement trend, make sure you don’t seek to enforce black-and-white policies on the maximum length of medical leaves. Rather, you should engage disabled employees in an interactive process to find reasonable accommodations.

Make case-by-case determinations about whether an extension of a leave of absence is a reasonable accommodation. Similarly, consider other available reasonable accommodations that may allow disabled employees to return to work.

Online resources

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Author: Abigail Crouse, a principal at the law firm of Gray Plant Mooty in Minneapolis.

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Social Media Searches Making Headlines

by Shane Sawyer 26. March 2012 18:19

Ashley Korslien with KREM 2 News in Spokane, WA broke a story about two weeks ago about employers in Spokane asking applicants for their Facebook login information during the interview process.  In the time since then we have seen a number of stories from across the nation showing that this practice is becoming all too prevalent. 

 
Ms. Korslien sat down with Pinnacle Investigations to discuss this issue from the perspective of the background screening industry.  See the full story: http://www.krem.com/news/technology/Emplo-144305135.html More...

Volunteer Screening as Important as Employee Screening

by Shane Sawyer 20. March 2012 05:54

Non-profit organizations rely on the help of hard working volunteers.  Volunteers fill much needed roles from administrative tasks to labor intensive work to leading our children in summer and weekend programs.  Many organizations don’t use the same onboarding process with these volunteers as they would with regular staff, which is a mistake.  While we certainly find the best among us volunteering to help at community centers, outreach programs, churches, and other worthy organizations, we also find predators looking to prey on the good nature of non-profits.  Too often we hear stories of embezzlement, endangerment, and harm to children from people in a volunteer position, often this propensity would have been discovered in a background check.

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Due Diligence | Volunteer Screening

Free FCRA Compliance Webinars from Pinnacle Investigations

by Shane Sawyer 9. February 2012 08:55

Pinnacle Investigations works with our partners to help educate on the Fair Credit Reporting Act (FCRA) and stay informed of current issues surrounding the use of background checks in the pre-employment process.  Pinnacle offers ongoing education with free webinars, news updates on our website and we are always available to answer questions during normal business hours. We are proud to offer our new FCRA Compliance webinar series. More...

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Compliance

FCRA Compliance: Adverse Action Notice

by Shane Sawyer 6. February 2012 08:55

All employers need to make sure they are following the requirements of the FCRA when making a decision not to hire after a background investigation has been conducted which has revealed adverse information.  When adverse information is discovered and a decision is made not to hire, a Pre-adverse Action Notification must be sent to the applicant. More...

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Compliance | Due Diligence