Public Information: Is it Right to Charge a Fee?

Posted by svangilder on March 28, 2013 under News Alert, Screening News | Comments are off for this article

We all know the economy over the last few years hasn’t been rosy for many people, and states are no different. Some states have fared worse than others, and California in particular has been repeatedly financially strapped. So this latest news from California may not be shocking to many. A proposal to charge $10 to view a public file at the Santa Rosa courthouse has been sent to the governor. The move is expected to generate $6 million per year.

According to an article in The Press Democrat, the fee would be applied “for each name, file or other information for which a search is requested.” Those who support the bill claim it will primarily affect people who request “multiple files each day, including “data miners” who comb court documents they sell to financial institutions, large employers doing background checks, and others.”

To be sure, this fee would affect the companies doing background checks, as they will have to pay more to conduct a records search. But a fee on public records places a financial burden on the public and may lead to restricted access to files the public has a right to view.

Kmart Settles FCRA Class Action Lawsuit for $3 Million

Posted by svangilder on February 8, 2013 under News Alert, Screening News | Comments are off for this article

In another example illustrating how important it is for employers to follow adverse action procedures, on January 25, 2013, retailer Kmart settled an employment class action lawsuit for $3 million. The lawsuit claimed that Kmart violated the Fair Credit Reporting Act (FCRA) because it did not notify job applicants if they were denied employment due to information contained in a background check.

Under the FCRA, applicants must be notified if an employer plans to take any adverse action based on information received from a Consumer Reporting Agency (CRA) such as Corporate Screening.

Corporate Screening suggests that you take the time to review your adverse action process and ensure that you are in compliance with FCRA requirements. If you have any questions, please contact Corporate Screening at 800-229-8606.

In Background Screening, Accuracy is Everything

Posted by svangilder on November 9, 2012 under News Alert, Screening News | Comments are off for this article

Accuracy is the key in the background screening industry. Unfortunately, it appears as though a lot of background screening firms have overlooked this in their hurry to turn data around and reduce costs. But background screening companies need to take note that reporting information without verifying accuracy is not just good enough.

This morning the Today Show on NBC aired a segment concerning accuracy in background checks, and the innocent victims who lost out on jobs due to those inaccurate results. View the video in its entirety here.

At Corporate Screening, we routinely go that extra mile to ensure that the information we report is reliable and accurate. Sometimes doing this research this may take a while, and waiting may be frustrating to customers who want immediate results. We understand that frustration and empathize. But when we hear about cases such as the ones reported on the Today Show, it drives home the point that accuracy is the name of the background screening game.

Attention Background Screening Companies: It’s Time to Take a Hard Look at the Accuracy of Your Screening Reports

Posted by svangilder on August 20, 2012 under Client Alerts, News Alert, Screening News | Comments are off for this article

Background screening companies take note: the Federal Trade Commission (FTC) is watching and taking action.

HireRight Solutions, Inc., one of the country’s largest background screening companies, recently paid $2.6 million to settle a lawsuit brought by the FTC. The FTC alleged that HireRight violated the Fair Credit Reporting Act (FCRA) multiple times in the following ways: by neglecting to ensure the accuracy of its background reports, not providing consumers with copies of their reports, and not reinvestigating disputes brought by consumers. The lawsuit is significant, because according to the FTC, it was the first time the FTC charged a background screening company with violating the FCRA.

It’s a warning to all background screening companies that just reporting information without verifying the accuracy is not good enough. The FTC alleged that HireRight did not take “reasonable steps” to make sure that the information it provided was correct. Examples of this included citing the same criminal offense multiple times, reporting on records that were expunged, and listing convictions for other people – not the candidate. One of the things employers expect, and what a background screening company should provide, is accurate and verified information. Without this, employers cannot make informed decisions and risk potential liability from the actions of their background screening provider.

With this case, the FTC has issued a challenge to all background screening organizations and clearly indicated that it’s not just employers who will be held responsible for FCRA violations. Background check companies are being scrutinized to ensure that they report accurate information and comply with FCRA rules as well.

Dennis Drellishak Sr. is recognized as a leading authority in the business information services industry with more than 30 years of experience in high-level business investigations, pre-employment screenings and loss prevention programs. His talent for combining innovative technology with superior customer service has resulted in the development of ground-breaking client tools and services.

Under Dennis’s leadership, Corporate Screening Services, Inc.(www.CorporateScreening.com) has been named one of the top screening firms in the country, has been repeatedly recognized as one of the Weatherhead 100 fastest-growing companies in Northeast Ohio, and has received many other awards. Corporate Screening is a founding member of NAPBS (National Association of Professional Background Screeners).

Employers: Continue to Use Your Current Form I-9

Posted by svangilder on August 13, 2012 under Client Alerts, News Alert | Comments are off for this article

Corporate Screening would like to inform clients and employers that the U.S. Citizenship and Immigration Services (USCIS) has advised employers to continue to use their current Form I-9, even after the OMB control number expiration date of August 31, 2012 has passed. USCIS will advise when the new version of the Form I-9 will become available for use.

Please note that employers must complete the Form I-9 for all newly hired employees to verify their identity and authorization to work in the U.S.

As new information becomes available, Corporate Screening will provide updates.

Massachusetts CORI Reform: Reminder about Employer Obligations

Posted by svangilder on June 18, 2012 under Client Alerts, News Alert | Comments are off for this article

At the beginning of May, Corporate Screening (CS) advised our clients of the latest regulations that went into effect for Massachusetts Criminal Record Information (CORI) reform. This information was received from the Massachusetts Department of Criminal Justice Information Service (DCJIS).

Many of the specific requirements of the regulation were unclear at that time, due to ambiguity of the language used in the regulations. There were many requirements placed on employers regarding their use of criminal record information, whether the record information came from the Massachusetts CORI system, or if it came from another source. As a result, many employers and legal experts were baffled by the regulations and sought clarification from DCJIS (including our industry trade organization, NAPBS). Unfortunately, the DCJIS did not provide much clarification regarding the regulations and did not respond to some inconsistencies that were identified in the regulations.

That being said, the regulations are in effect and CS wants to make employers aware of their obligations under Massachusetts law.

Corporate Screening does NOT provide CORI search results as part of a background investigation. Criminal information obtained in Massachusetts comes from a direct court search. Despite this, employers (ALL employers, even those that do not use a third-party for backgrounds) that complete more than five (5) backgrounds per year must follow the regulations outlined by the commonwealth when taking adverse action based on criminal information in a background report. Many of the requirements track with the federal Fair Credit Reporting Act that you should already be following, however there are some additional obligations, which are outlined below.

  1. Provide a copy of the background report, including the criminal record information, BEFORE speaking to the applicant about the criminal record.
  2. A copy of the company’s Background Check Policy
  3. Provide the applicant with the opportunity to dispute the information contained in the report*
    *This right is part of the FCRA pre-adverse/adverse action procedures.
  4. A copy of the Massachusetts Information Concerning the Process In Correcting a Criminal Record** (available at http://www.mass.gov/eopss/docs/chsb/cori-process-correcting-criminal-record.pdf)
    **Even though the criminal information was not obtained from CORI, employers are still required to provide this information to applicants.
  5. Employers must document their steps taken to comply with the regulations.

For more information about employer obligations under Massachusetts CORI reform or for questions about Corporate Screening’s background screening services, please contact Corporate Screening at 800-229-8606 or visit our website at www.CorporateScreening.com.

Corporate Screening Supports 2012 VisionWalk

Posted by svangilder on May 24, 2012 under News Alert | Comments are off for this article

On Saturday, May 19, 2012, the Foundation Fighting Blindness held its Cleveland VisionWalk at Wade Oval in University Circle. Corporate Screening was one of the sponsors of the event, and our employees showed their support to the cause by raising money, as well as bringing friends and family to the walk. We would also like to thank everyone who made a donation to the VisionWalk on behalf of the Corporate Screening team.

The event organizers set a fundraising goal of $55,000 for the Cleveland VisionWalk, but sponsors and participants were able to raise over $67,000, more than surpassing the goal! The money raised will be used to help preventions, treatments and cures for retinal degenerative dieseases that cause blindness.

Check out our photos from the event on the Corporate Screening Facebook page:

http://www.facebook.com/pages/Corporate-Screening-Services-Inc/203929413049229

Minnesota Nurse Licensing and Criminal Background Checks

Posted by svangilder on May 21, 2012 under News Alert | Comments are off for this article

I recently read an interesting story by Jeff Baillon of Minneapolis’s FOX station, titled “Investigators: Nursing License Loophole.” As you may guess by the title, it’s about nurse licensing and criminal background checks in the state of Minnesota. According to the piece, when nurses apply for or renew their license with the Minnesota Nursing board they have to answer the following question on their application, “Have you ever been convicted, entered a plea of guilty, no lo contendere, or no contest, for any felony, gross misdemeanor or misdemeanor offense?”

So, are people being honest when they answer this question, and how is the state checking to ensure their honesty? In the article, a Minnesota Nursing Board representative indicated that they don’t do a separate background check to verify whether or not the answers are truthful, and surprisingly, the state is just one of 14 states that do not perform background checks before issuing a nursing license. And the examples used in the story illustrate the problem with this: some applicants were not truthful on these applications, were placed in sensitive positions and later committed crimes.

The article presents this problem as a loophole, but I would instead describe it as a common sense issue. The primary reasons for a background check are to verify that information provided by an applicant is accurate, and to determine if they have a history of activity that would make them unsuitable for employment in sensitive positions.

In a perfect world, no one lies on a job application (or in this case a licensing application), but unfortunately in the real world, taking an applicant’s word is not a good business practice.

Dennis Drellishak Sr. is recognized as a leading authority in the business information services industry with more than 30 years of experience in high-level business investigations, pre-employment screenings and loss prevention programs. His talent for combining innovative technology with superior customer service has resulted in the development of ground-breaking client tools and services.

Under Dennis’s leadership, Corporate Screening (www.CorporateScreening.com) has been named one of the top screening firms in the country, has been repeatedly recognized as one of the Weatherhead 100 fastest-growing companies in Northeast Ohio, and has received many other awards. Corporate Screening is a founding member of NAPBS (National Association of Professional Background Screeners).

The EEOC’s Criminal Background Checks Guidance and Congress

Posted by svangilder on May 11, 2012 under Client Alerts, News Alert | Comments are off for this article

The National Council of Investigation & Security Services (NCISS) recently released a notification that the U.S. House of Representatives voted on May 9, 2012 to deny funding for the Equal Employment Opportunity Commission (EEOC)’s recently issued guidance to employers regarding the use of criminal background checks.

H.R. 5326, amendment number 40, SEC. 542 reads, ‘None of the funds made available by this ACT may be used to implement, administer, or enforce the Equal Employment Opportunity Commission (EEOC) Enforcement Guidance Number 915.002 concerning “Consideration of arrest and conviction records in employment decisions”.’ The amendments to the bill can be read by clicking on or pasting the following link into your browser: http://repcloakroom.house.gov/UploadedFiles/CR_-_Amendments_to_H.R._5326-_Day_Two_-_CJS_Appropriations_FY2013.pdf

The bill still needs to be passed in the senate and then approved by the president, but the amendment added indicates that at least some lawmakers believe that the guidance places too heavy a burden on employers.

Corporate Screening will continue to monitor and keep you informed about the events regarding the EEOC criminal background checks guidance.

Dennis Drellishak Sr. is recognized as a leading authority in the business information services industry with more than 30 years of experience in high-level business investigations, pre-employment screenings and loss prevention programs. His talent for combining innovative technology with superior customer service has resulted in the development of ground-breaking client tools and services.

Under Dennis’s leadership, Corporate Screening has been named one of the top screening firms in the country, has been repeatedly recognized as one of the Weatherhead 100 fastest-growing companies in Northeast Ohio, and has received many other awards. Corporate Screening is a founding member of NAPBS (National Association of Professional Background Screeners).

San Luis Obispo Court Official Shuts Down Public Access

Posted by svangilder on April 12, 2012 under News Alert, Screening News | Be the First to Comment

On March 19, 2012, the San Luis Obispo, CA Superior Court shut down a computer station that had been used by the public to search public court data records. Now people looking for information are required to request information at the court’s service windows. There are also limits on how many names at a time can be researched. In an article published in the San Luis Obispo Tribune on March 31, 2012, the court CEO Susan Matherly explained that this was done due to concerns about how information was being used by companies that gather the data.

In my opinion, this court administrator could have better served the public she is paid to work for by having an open discussion about the uses of the information before limiting access to legitimate businesses that are also serving the public by conducting legal and compliant background checks in accordance with the California FCRA. For example, background check companies are required to follow stringent rules to insure the accuracy and reliability of information reported to employers for employment purposes. Hindering access to court records limits their ability to research criminal records on employees working in occupations that may be high risk, such as individuals working with children, the elderly, the sick and others who may hold critical positions in society that effect our daily lives.

Background checks for employment purposes are properly done by obtaining written authorization from the applicant and providing disclosure as to the nature and scope of the background check. Applicants are informed that they can receive a free copy of the background check once it is completed enabling them to dispute inaccurate information if it does exist in the report.

How can Ms. Matherly honestly say she has no idea who is using this information and why they are using it, when the answers to her questions are standing in front of her courts computer terminals every day searching these records?

Dennis Drellishak Sr. is recognized as a leading authority in the business information services industry with more than 30 years of experience in high-level business investigations, pre-employment screenings and loss prevention programs. His talent for combining innovative technology with superior customer service has resulted in the development of ground-breaking client tools and services.

Under Dennis’s leadership, Corporate Screening has been named one of the top screening firms in the country, has been repeatedly recognized as one of the Weatherhead 100 fastest-growing companies in Northeast Ohio, and has received many other awards. Corporate Screening is a founding member of NAPBS (National Association of Professional Background Screeners).