The Name Game: FAQs about AKAs

Among the many critical elements of a comprehensive background check is the determination of different names an applicant has used in the past. Because background screening relies on database research—and the single largest criteria used during a search is name—it’s critical to establish an Also Known As (AKA) history for each applicant.

An AKA can typically be a result of marriage, but an individual may also choose to change their name altogether, or might use a shortened version of their legal name. We often get questions about candidate AKAs and how these names are processed at A-Check during a background screen, and wanted to take just a few moments to share some of those with you in this entry.

How does A-Check Global locate AKA’s?
The Three Credit Bureaus are typical sources of information used to discover existence of an applicant’s AKAs. A credit report or credit report header—known as an ID Report or Social Security Trace—provide additional AKAs that an individual may have used in their past. As a side note, querying this Credit Bureau information has no impact on a person’s credit score.

Why are AKAs important to A-Check’s background screening process?
An AKA can be utilized to locate information that might not ordinarily be located using conventional name searches, for example:
A college degree obtained under a maiden name
A criminal record filed under a secondary or maiden name
A Driver’s License issued prior to marriage
A record of employment indexed under the applicant’s maiden name

Is there a difference between an AKA and a Nickname?
A-Check does not add obvious nicknames during a background screen, although some applications might provide a place for the applicant to list nicknames—a term of endearment for example—that is not relevant in the background check process:
Legal Name: Diana Prince
AKA: Di Prince (will be added as part of the process)
Nickname: Wonder Woman (will not be added as part of the process)

How are hyphenated/double names processed?
If an applicant submits a hyphenated or double last name, A-Check will create an AKA utilizing the legal first name in combination with each of the last names to create two additional names. The last name will also be searched without the hyphen or space as a single name in conjunction with the legal first name. This process is not applied to hyphenated/double first names.

What are examples of non-AKAs A-Check might find?
A-Check reviews the original name and compares it to any AKAs that might be listed. We utilize the following guidelines to determine if names provided by the Credit Bureau are not applicable—and need not be processed:
Obvious Typographical errors
Suffixes/Prefixes
Variations of middle names or middle initials
Any initial replacing a first or last name
Opposite Gender names

Questions? We’re always here to help.

Compliance Clips for May 2021

Consumer Reporting

Missouri
If an applicant lacks concrete injury based on technical violation of FCRA employment purposes, is that grounds to sue? There is disagreement among courts, but time may bring consensus whether technical violation constitutes applicant injury. In this particular case, the plaintiff sued, claiming that he was not provided with the FCRA Summary of Rights, and was not permitted to review the report to address any information in it before his offer of employment was withdrawn. He did not, however, claim that any information in the report was inaccurate, or that his review would have resulted in him obtaining employment. The court determined that the plaintiff had standing to bring suit for this procedural violation of the FCRA.
READ MORE

New York
Let’s help keep your employment program compliant. Class action suits are ever present, as this gig employer is hit with lawsuit alleging unlawful use of criminal history to discriminate against New York City drivers. FCRA and its state equivalents impose requirements on employers using consumer reports for employment purposes, including providing notice to individuals before taking adverse action based on a consumer report. This lawsuit alleges the employer failed to comply with these requirements.
READ MORE

A Friendly Reminder about FCRA Requirements
As you’re well aware, when an employer uses a third party (like A-Check) to conduct background checks, there are FCRA compliance requirements that must be followed. For your convenience, here’s a very quick checklist of key requirements:

  • Ensure there is a permissible purpose for performing a background check on an applicant/employee, based on their role and responsibilities.
  • Provide clear written notice in a stand-alone document to the applicant/employee that a background check will be conducted, and the resulting information will be used to make an employment decision.
  • Obtain the applicant/employee’s written consent to perform a background check and/or investigative report.
  • If the background check information results in an adverse action decision, a notice of pre-adverse action, along with a copy of the background check results and a copy of the Summary of Your Rights Under the Fair Credit Reporting Act, must be presented to the individual.
  • Allow the individual at least five business days to dispute the information in the background check
  • Upon a final decision, and if adverse action is taken, provide the individual with a final notice of adverse action.

We’re focused on helping you remain compliant, and always welcome your questions.

I-9 AND E-VERIFY

Ongoing Extension: Form I-9 Requirements in response to COVID-19
The in-person requirement for the Form I-9 is temporarily suspended if your company is taking precautions due to COVID-19. 
The general rule is that an employer must undertake a physical inspection of the document(s) presented by the employee for section 2 purposes.

UPDATE: Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now MAY 31, 2021.

The government has suspended the in-person and physical inspection of the document(s) presented by the employee when completing the Form I-9. During this time, an employer can view the document(s) presented by the employee via Zoom or Skype, for example.
READ MORE

Florida
Florida Employers: A 2021 reminder worth mentioning. Public employers, contractors and subcontractors in the state of Florida are now required to enroll in and use the E-Verify system to verify identity and eligibility of all new employees. Private employers are not required to use the E-Verify system unless they have a contract with a public employer or they apply for taxpayer-funded incentives through the state Department of Economic Opportunity. They must, however, still complete and maintain I-9 Employment Eligibility Verification forms for the duration of employment, and for at least one year from the date the employee is terminated or three years from hire, whichever is later under the federal Immigration Reform and Control Act of 1986. 
READ MORE

BAN THE BOX

Illinois
Illinois recently enacted SB 1480 (The Employee Background Fairness Act) which significantly expands Ban the Box law to restrict private employers from using a conviction record to refuse to hire, deny promotion, or take adverse action. Along with a clear definition of adverse action an employer must take prior to an employment decision, an employer may only consider an applicant or employee’s criminal convictions record if either the employment position offers the opportunity for the same or a similar offense to occur, or if hiring the applicant or continuing the current employee’s employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
READ MORE

SUBSTANCE ABUSE TESTING

New Mexico, Virginia

Following recent New York and New Jersey recreational cannabis laws, New Mexico and Virginia have now enacted similar laws regarding adult recreational cannabis use, effective July 1, 2021. Likely, employers can still prohibit cannabis and impairment at their worksites, but this does provide a good opportunity for employers to assess the implications of the laws on their current policies and drug testing practices.
READ MORE

New York
New York State legalizes recreational adult use of marijuana. On March 31, New York Governor Andrew Cuomo signed into law the New York State Cannabis/Marijuana Regulation & Taxation Act. While, this act is not intended to limit authority of employers from enforcing workplace drug policies, it does prohibit discrimination because of an individual’s lawful activities outside the workplace, now including the use of cannabis in accordance with state law.
READ MORE

AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us. Just give us a call at 877-345-2021 and ask to speak with someone on your Client Relations team.

COVID-19

COVID-19 Rapid Infection At-Home Collection
Although Coronavirus (COVID-19) has dramatically impacted the business landscape worldwide, it is also encouraging to now see employers focused on safely and gradually welcoming their workforces back to the office. Depending on your company’s return to office policies, requiring employees to test negative for COVID-19 prior to an office return may be a viable complement to office cleaning and sanitation practices. We want to quickly let you know that A-Check is here to help by providing COVID-19 testing and surveillance solutions through A-Check’s medical partner networks. Through A-Check’s partnership with Quest Diagnostics, we offer an at-home collection option to help diagnose whether your employees currently have COVID-19.
READ MORE

DATA PRIVACY

Virginia
On March 2, 2021, Governor Northam signed into law Virginia’s own Consumer Data Protection Act (CDPA), the second comprehensive state data privacy law in the United States after the California Consumer Privacy Act of 2018 (CCPA). The law will go into effect on January 1, 2023. As anticipated, it governs companies who collect and control consumer personal data, obligating them to have security measures and accountability in place to protect and safeguard the data. There are now more than 20 other states with active introduction of privacy legislation. Here’s the list:
READ MORE

Washington, Oklahoma, Florida
For now, proposed statewide privacy legislation in both Washington and Oklahoma fails to advance. While in Florida, the chances of passing a comprehensive privacy law are good, but legislation is currently undergoing significant amendment.
READ MORE

Questions? We’re here to help!





Michigan Ruling: Redaction of PII Expected, Beginning July 1, 2021

The state of Michigan has enacted legislation to further strengthen the security of Personal Identifiable Information (PII) by allowing the redaction of certain identifiers used as ID confirmation during court case research. Effective July 1, 2021, PII impacted (as defined in MCR 1.109(G)(9) and MCR 8.119(I)) throughout all Michigan counties may include:

DOB
SSN
Driver’s License
Passport Numbers

How does this impact A-Check criminal record searches in Michigan?

A-Check has not changed our standard processes for criminal record searches. Prior to presenting permissible results to our clients, we still require 3 identifiers to authenticate the identity of search information. At this time however, we can predict that court researchers in Michigan will have limited ability to confirm redacted information.

While this ruling may be subject to discussion, delay, or revision, we do know that a number of Michigan counties have already begun to remove identifiers prior to July 1, 2021. That said, A-Check will continue to serve our clients to the best of our ability. In speaking with Michigan courts, many clerks have mentioned that providing assistance in some capacity and wherever county process allows will continue.

We’ll keep a close eye on this ruling and will continue to report any developments as we near the July 1, 2021 effective date. We’re here to help answer any questions you may have.

Compliance Clips for April 2021

CONSUMER REPORTING

California
Compliance is critical! A recent ruling approved a $175,000 class action settlement regarding alleged violation of the FCRA’s stand-alone disclosure requirement when requesting employment background screening. Let’s work together to minimize your litigation risk.
READ MORE

A Friendly Reminder about FCRA Requirements
As you’re well aware, when an employer uses a third party (like A-Check) to conduct background checks, there are FCRA compliance requirements that must be followed. For your convenience, here’s a very quick checklist of key requirements:

  • Ensure there is a permissible purpose for performing a background check on an applicant/employee, based on their role and responsibilities.
  • Provide clear written notice in a stand-alone document to the applicant/employee that a background check will be conducted, and the resulting information will be used to make an employment decision.
  • Obtain the applicant/employee’s written consent to perform a background check and/or investigative report.
  • If the background check information results in an adverse action decision, a notice of pre-adverse action, along with a copy of the background check results and a copy of the Summary of Your Rights Under the Fair Credit Reporting Act, must be presented to the individual.
  • Allow the individual at least five business days to dispute the information in the background check
  • Upon a final decision, and if adverse action is taken, provide the individual with a final notice of adverse action.

We’re focused on helping you remain compliant, and always welcome your questions.

I-9 AND E-VERIFY

Ongoing Extension: Form I-9 Requirements in response to COVID-19
The in-person requirement for the Form I-9 is temporarily suspended if your company is taking precautions due to COVID-19. 
The general rule is that an employer must undertake a physical inspection of the document(s) presented by the employee for section 2 purposes.

UPDATE: Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now MAY 31, 2021.

The government has suspended the in-person and physical inspection of the document(s) presented by the employee when completing the Form I-9. During this time, an employer can view the document(s) presented by the employee via Zoom or Skype, for example.
READ MORE

BAN THE BOX

California
The California Department of Fair Employment and Housing (DFEH) is increasing efforts to enforce compliance with Fair Chance protections against criminal record discrimination. Employers with operations in California should stay focused on compliance with protections against criminal record discrimination. These guidelines include eliminating conviction history questions on employment applications, as well as prohibiting consideration of conviction history before a conditional offer of employment. While A-Check recommends you consult with your company’s legal counsel, we are here to help answer compliance questions you may have.
READ MORE

SUBSTANCE ABUSE TESTING

New Jersey
Marijuana is now officially legal in New Jersey. Gov. Phil Murphy signed three bills into law that make adult use of marijuana officially legal, and decriminalize small amounts of marijuana possession in New Jersey. New Jersey becomes the 13th state in the nation to legalize marijuana. The bills will limit the use of previous marijuana convictions and help to create a carefully regulated cannabis marketplace, giving the state an economic boost.
READ MORE

New York
New York State legalizes recreational adult use of marijuana. On March 31, New York Governor Andrew Cuomo signed into law the New York State Cannabis/Marijuana Regulation & Taxation Act. The Act is not intended to limit authority of employers from enforcing workplace drug policies.
READ MORE

Nationwide Cannabis Bills in 2021
It bears repeating that there are currently more than a dozen state legislatures considering bills this year for medical and/or adult-use cannabis legalization. This site gives a rundown of continued progress toward state-level marijuana reform for 2021. At A-Check, we’re keeping a close eye on these developments and will continue to report.

Adult-Use Legalization Efforts:
Connecticut, Florida, Maryland, Minnesota, New Mexico, North Dakota, Texas and Virginia
Medical Legalization Efforts:
Alabama, Kansas, Kentucky, Nebraska, and Tennessee
Both Medical and Adult-Use Legalization Efforts:
Indiana, South Carolina
READ MORE

AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us. Just give us a call at 877-345-2021 and ask to speak with someone on your Client Relations team.

COVID-19

COVID-19 Rapid Infection At-Home Collection
Although Coronavirus (COVID-19) has dramatically impacted the business landscape worldwide, it is also encouraging to now see employers focused on safely and gradually welcoming their workforces back to the office. Depending on your company’s return to office policies, requiring employees to test negative for COVID-19 prior to an office return may be a viable complement to office cleaning and sanitation practices. We want to quickly let you know that A-Check is here to help by providing COVID-19 testing and surveillance solutions through A-Check’s medical partner networks. Through A-Check’s partnership with Quest Diagnostics, we offer an at-home collection option to help diagnose whether your employees currently have COVID-19.
READ MORE

DATA PRIVACY

Minnesota
Minnesota is the latest state to introduce legislation toward a comprehensive consumer data privacy law. On February 22, the “Minnesota Consumer Data Privacy Act” was introduced as HF 1492, and is expected to be signed into law. If passed, the MCDPA will govern the processing of consumer personal information, and will provide a number of consumer privacy rights, including the right to verify, correct, delete, access, and opt out of processing personal data. It will also set company requirements for data protection and consumer privacy notices.
READ MORE

Virginia
On March 2, 2021, Governor Northam signed into law Virginia’s own Consumer Data Protection Act (CDPA), the second comprehensive state data privacy law in the United States after the California Consumer Privacy Act of 2018 (CCPA). The law will go into effect on January 1, 2023. As anticipated, it governs companies who collect and control consumer personal data, obligating them to have security measures and accountability in place to protect and safeguard the data.
READ MORE

Florida
With the introduction of HB 969, Florida’s House is moving forward with major consumer data privacy legislation to address consumer rights, the protection of personal information, business online privacy policy, and more. Consumer rights will include access to their personal data, the ability to request deletion of data, and opt out of personal data sharing or selling.
READ MORE

Illinois
Yes, data protection is important—as illustrated in a recent ruling that Facebook pay a $650 million settlement for violating Illinois consumer privacy. This case involved a claim that the tech giant illegally collected biometric data.
READ MORE

Nationwide
U.S. consumer data privacy legislation could be on the way. The Information Transparency and Personal Data Control Act was introduced to represent a uniform policy of regulations to help protect personal information from misuse. The bill aims to give consumers control over how businesses are sharing or selling their personal information, along with additional consumer rights regarding personal data.
READ MORE

Questions? We’re here to help!

A-Check Certified Integration with Oracle Recruiting

An Applicant Tracking System (ATS) integration is like having the best of both worlds. Your recruiting workflow is handled within the system you already know and use every day, and business partners like A-Check can seamlessly provide time-saving benefits (like background screening services) to help make your life just a bit easier.

A-Check Global works with many industry leading ATS vendors to integrate comprehensive background check and drug screening into the onboarding workflow—further improving the experience for employers and candidates:

  • Secure connectivity
  • Faster onboarding efficiency
  • Improved data accuracy and security
  • Compliance focused service

Oracle Recruiting Integration: Now Available within the Oracle Cloud Marketplace

A-Check is proud to share that as a Certified Oracle Gold Partner, we’re now also a Certified Integration with Oracle Recruiting, available within the Oracle Cloud Marketplace. This newest integration provides an additional resource to help organizations make informed employment decisions with greater accuracy, quicker turnaround, and within the convenience of the Oracle Recruiting talent management workflow.

A-Check Global background screening integration with Oracle Recruiting automates a critical step in the hiring process, giving hiring managers the ability to quickly request customizable background screening on candidates, receive updates throughout the workflow, and gain secure access to final reports through the Oracle Recruiting integration.

Here to Serve You through Oracle Recruiting . . . and Many Others. Keep in mind that we have also have Certified Integrations with:

And, our development experts have worked directly with clients to implement integrated solutions with many other leading ATS partners. Let us know how we can help you further improve your onboarding efficiency at your organization. We’re here to help!