University of South Florida Rescinds Employment Offer to Men’s Basketball Coach for Claiming a Degree he Never Earned

TAMPA – The University of South Florida discovered discrepancies in Manhattan College’s Men’s Basketball coach Steve Masiello’s resume which forced the university to rescind the $1 million-plus per year job offer.

Turns out the coach never completed his bachelor’s degree from the University of Kentucky, as claimed in his resume. This fact was discovered by a routine verification of degree.

Learn more: 

Read the full story by Joey Johnson from the Tampa Tribune here

Insider Prediction: Employee Screening Trends to Watch in 2012

As 2011 fades into memory, we at A-Check are making the following predictions for this year:

  1. Credit report and criminal records information use by employers will continue to come under scrutiny by individual state and country legislatures, privacy rights advocates and special interests, making compliance the number one concern for employers this year.
  2. International screening services will continue to grow at a fast clip. Employee screening companies that do not have comprehensive international networks will work through companies like A-Check, that do, to obtain international background check results rather than build their own networks.
  3. Integrations of background screening within ATS/HRIS/VMS systems will be the norm, not the exception, at least for enterprise clients.
  4. Social-media based background checks will be challenged in court. As an employer, if you can’t ask about something in a job application or inteview, you should not find out about it through FaceBook.
  5. More and more employers stung by poor service and liability issues from low-price leader background screening companies will continue to seek out medium-sized providers like A-Check that offer all the technology and global infrastructure of the largest players but have not forgotten the art of customer service.
  6. Screening Industry mergers and aquisition activity will continue to have a negative effect on service quality for employers unfortunate enough to be a client of these companies during such activity.
  7. Poor employee screening practices that may save money in the short run but are detrimental to applicants will continue to arouse the attention of the EEOC, the FTC and class action lawyers looking for deep pockets, with serious consequences both monetary and PR-related.
  8. As troops return home from active duty, more and more military service verifications will come into play as these veterans transition to civilian employment.
  9. As state budgets continue to feel the effects of the economic downturn, early release of convicted criminals will mean employers must redouble efforts to remain vigilant about whom they onboard.

Each of these trends demand a screening partner like A-Check, with a strong emphasis on compliance, technology infrastructure and customer service.

Join us for a Complimentary Luncheon Presentation – Regulatory Compliance in Consumer Reporting for Texas Employers

Join A-Check and AppleOne Employment Services for a no-cost luncheon presentation  at the Cool River Café in Irving, TX on Wednesday, July 17th. Presenter Gary Hanley, A-Check’s Director of Compliance, is a dynamic speaker with 27 years management and quality assurance experience. This is a great opportunity for HR professionals to learn from an employee screening industry expert in an informal luncheon setting.

Learn About

  • Compliant employment screening practices
  • Responsibilities of information providers and end users under the FCRA
  • Overview of applicable regulatory bodies and Risks to non-conforming employers
  • Use of credit reports in the hiring process
  • And more…

Want to attend? Please RSVP By 7/10/13:
Contact Danielle Schlaman
dschlaman@acheckamerica.com
1-877-345-2021 EXT. 3274

Learn more: See HR Luncheon Flyer for Details

Boston Schools Find 14 Support Staff with Criminal Records

Fourteen employees have been either fired or placed on administrative leave after the Boston School Department identified them as having faced criminal charges, according to a report by the School Committee.

The report, released Wednesday, uncovered issues after a statewide crimnal records review project that has checked 6,000 of the 9,000 school employees thus far. The most recent charge is from 2009, but the report shows most are from 2005 or earlier.

Read the complete article from the Boston Globe here.

White Paper – Colorado Joins Eight Other U.S. States Restricting Use of Consumer Credit Information for Employment Purposes

Colorado Restricts use of Credit reports for Employment

Effective July 1, 2013, Colorado will join California, Connecticut, Hawaii, Illinois, Maryland, Oregon, Vermont and Washington to become the ninth state to pass legislation restricting the use of credit reports in the applicant screening process.  There are approximately 20 other states that have similar pending legislation so we anticipate this trend to continue in the near future.  In response, A-Check is advising Colorado employers that utilize credit reports in their applicant screening process to evaluate and reassess their practices and procedures prior to the law’s effective date including a review of your background screening forms, including but not limited to the Consumer Disclosure/Authorization and Adverse Action notices, to incorporate Colorado’s requirements.

View this Compliance Update as a PDF

What Does this Mean to Colorado Employers?

Who?   The law applies to private sector employers with four or more employees.

Exemptions: Banks and/or Financial Institutions and employers who are required by law to procure consumer credit information can continue to utilize credit reports in their hiring process provided they abide by the new law’s additional adverse action requirements – discussed later in this document.

What?  In general, the new Colorado law prohibits employers from using “consumer credit information” for employment purposes unless the information is “substantially related to the employee’s current or potential job” unless they are one of the exception employers.

Substantially Related to the Position Defined:

  1. A position that constitutes executive or management personnel or their immediate staff with the following job responsibilities:
    • sets the direction or control of a business, division, unit or an agency thereof;
    • owes a fiduciary responsibility to the employer;
    • has access to customers’, employees’ or the employer’s financial information; or
    • has the authority to make payments, collect debts or enter into contracts.
  2. A position that involves contracts with defense, intelligence, national security, or space agencies of the federal government.

How?  How can a Colorado Employer stay in compliance if using a Credit Report?

  1. Ensure the positions you are utilizing credit reports for meet the criteria defined by the legislation.
  2. Provide the job candidate detail regarding the “bona fide purpose” for using credit reports for the position they are applying for.  A-Check recommends you utilize your Consumer Disclosure and Authorization to communicate your purpose to the applicant however, the law is silent as to when this disclosure must be made and does not define the term “bona fide purpose.”
  3. Adverse Action Requirements: The new CO law also expands requirements for employers when taking adverse action based on information in a credit report. Under this law, a Colorado employer is required to (1) provide disclosure to the applicant that it relied on credit information to make an adverse decision, (2) must note the specific information which the employer relied upon, and (3)  must use the same media in which the application was made.   Although the law does not detail when the disclosures must be made, in order to comply with the Fair Credit Reporting Act as well, A-Check recommends that employers do so prior to making any employment decisions.

A-Check Summary

Unless, (1) you are a bank or financial institution; (2) the report is required by law; or (3) the report is substantially related to the employee’s current or potential job and meets the additional requirements detailed above; an employer may not require an employee to consent to a request for a credit report that contains information about the employee’s credit score, credit account balances, payment history, account balances and the like as a condition of employment.

A-Check recommends two considerations when developing your policy and procedures to cover this aspect of your screening:

  1. The current focus of the EEOC is on employment hiring practices that create potential barriers of employment, including the use of credit information in employment. Therefore you may consider that when utilizing consumer credit information to make adverse hiring decisions to make it policy to afford the applicant or employee an opportunity to explain any unusual circumstance that led the occurrence. (e.g. error, lay off, identity theft, medical expenses etc. ).
  2. The Consumer Reporting is quickly changing trending towards increases in regulation.  All employers are advised to be aware of their policies in this respect and to keep abreast of developments in this area of the law.

If you have any questions regarding the contents of this document or for a review of your current Consumer Authorization and Disclosure form, please contact A-Check’s Compliance Department at 877.345.2021 or via email at compliance@acheckamerica.com.

View this Compliance Update as a PDF

For additional information, see article  by Seyfarth Shaw Labor Attorneys Pam Q. Devata and Natascha B. Riesco.