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Learn to Detect Resume Fraud

July 28, 2014 by  
Filed under Blog, Compliance, News

With unemployment rates in most states still at record highs most people searching for jobs deem it necessary to fabricate their resume to set them apart from other job seekers in their market. Most fabrications contain simple embellishments of job titles and made-up awards. Some can be even more elaborate, like a fake degree bought from a company that lets anyone order a copy of a degree like you can order a pizza on a Friday night. It is important for managers to recognize these embellishments and learn ways to extract the truth from applicants during the interview process.

“With the responsibility to deliver qualified candidates in a timely manner, recruiters and human resources professionals strive to listen for and identify inaccuracies in the candidate’s resume and background at the earliest stages of the hiring process…” Click Here To Read More

New Background Check Guidance


The Equal Employment Opportunity Commission (EEOC) has asserted it has jurisdiction over background checks because inquiries about criminal and credit history allegedly can have a disparate impact on persons in minority groups. The Federal Trade Commission (FTC) has jurisdiction over this issue due to the Fair Credit Reporting Act. The two agencies with authority over employer background checks recently issued a new joint guidance for employers on how to legally conduct such background checks. The EEOC’s press release announcing the new guidance noted, “The agencies emphasize that employers need written permission from job applicants before getting background reports about them from companies in the business of compiling background information. Furthermore, they reaffirm that it is illegal to discriminate based on a person’s race, color, national origin, sex, religion, age (40 or older), disability, or genetic information, including family medical history, when requesting or using background information for employment, regardless of where the information was obtained. At the same time, the agencies want job applicants to know that it is not illegal for potential employers to ask about their background, as long as the employer does not unlawfully discriminate. However, when people are turned down for a job or denied a promotion based on information in their background reports, they have the right to review the reports for accuracy.” In other documents, the EEOC has emphasized that the background information to be obtained must plainly and clearly be relevant to the job at issue. For example, a DUI may be relevant for someone who drives a van as part of his job, but not for someone who is a custodian and not required to drive. You can read the full press release and find a link to the two new guidances here:


Disclosure: These updates are merely updates and are not intended to be legal advice. Receipt of this information does not create an attorney-client relationship.

Send Adverse Action Letters via Secure Email

September 27, 2013 by  
Filed under Blog, Compliance, FCRA, News

Back Track Screening customer’s can now send ‘Pre-adverse Action’ and ‘Adverse Action’ letters securely via email!  

To send a pre-adverse or adverse action letter via email, simply navigate to your applicant’s file and select the appropriate letter from the ‘Disclosures and Forms’ drop down.  Next, click ‘Generate Form’ and then ‘Email Letter.’

If your applicant’s email address is already associated with the report, the letter will be emailed automatically.  Otherwise, you will be prompted for your applicant’s email address.  After entering the email address, simply click ‘Send.’

Your applicant will receive an email with a link to a secure website.  After clicking on the link, the applicant will be asked for the last four digits of their social security number and their current zip code.  The applicant will then be able to view and/or print their pre-adverse action or adverse action letter, the FCRA Summary of Rights and a copy of their report.  For security purposes, the link will only be active for 24 hours.

This new feature will eliminate the extra time and cost of mailing pre-adverse or adverse action letters to your applicants. 

New I-9 Employment Eligibilty Verification Form

March 22, 2013 by  
Filed under Blog, Compliance, News

On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) issued a revised I-9 form.  This new form replaces the existing I-9 form and can be used by employers immediately. 

The new I-9 form has been reformatted and extended to two pages.  The total number of pages is now nine, which includes the actual form, instructions and the ‘List of Acceptable Documents.’

Beginning May 7, 2013 employers must use this new form for all new hires, and for re-verification of existing employees with expiring employment eligibility documents.

The new I-9 form, which is available in both English and Spanish, can be found on the USCIS website or by clicking here.

Credit Reports and Background Checks

February 6, 2013 by  
Filed under Blog, Compliance, News

Credit reports have long been a part of many pre-employment background screening reports. Most often credit reports are used by employers when evaluating applicants for ‘financially sensitive’ positions (CFO, Controller, etc).  Employers might also request credit reports for applicant’s who will have direct access to company funds, or for cash handling positions or positions which provide access to sensitive consumer information such as bank accounts and social security numbers. The conventional wisdom is that an applicant who might be facing his/her own financial difficulties could: A) face more temptation than his/her co-workers to steal from the company, and B) manage company funds in the same manner he/she manages his/her own personal finances.  Granted, bad credit is not always an indication of reckless financial decisions.  Medical emergencies coupled with the lack of health insurance, divorce and other life situations can create difficult  financial burdens on otherwise responsible consumers.  Finally, credit reports can provide valuable identifiers such as names, addresses and a list of employers.  This information is often used to determine the most relevant jurisdictions and names to search for criminal records.  It is also worth noting that an employment credit report does not place a ‘hard’ inquiry an applicant’s credit file and therefore will not lower the applicant’s credit score.

Recent legislation in many states have essentially prohibited the use of credit reports in the pre-employment screening process.  The following states either restrict or prohibit the use of credit reports in the pre-employment screening process: CA, CT, HI, IL, MD, OR, WA, VT.  This means an employer located in any of the aforementioned states, or an employer requesting a background check report on a current resident of any of the aforementioned states should refrain from requesting a credit report in a pre-employment background check.  Furthermore, an employer in California, or an employer requesting a credit report on a current California resident must disclose the reason for requesting a credit report; these reasons include: Executive Exemption, State Dept. of Justice, Law Enforcement, Required by Law, Access to PII, Financial Transactions, Confidential Information, Access to 10K+ Cash.  An employer in California or requesting a background check on a resident of California may not request a credit report for any other reason.

If you have any further questions on this topic or any other topic, please contact us.

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