On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) issued a new Employment Eligibility Verification Form, Form I-9, and a revised Handbook for Employers, M-274.

Beginning May 7, 2013, employers will be required to use to new Form I-9 on current employees. Other than an extended form, the Form I-9 and related employer handbook features more detailed instruction, especially related to documenting an employees particular status.

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St. Paul, Minnesota is the latest city to take into consideration legislative efforts to prevent employers from asking questions related to crime on job applications, otherwise known as “Ban the Box” legislation. The intention of such laws are to give ex-offenders a better chance at finding employment.

Council Member Melvin Carter III sponsored the city’s “Ban the Box” resolution. When Carter brings forward the resolution, he will also include a provision to broaden the city’s existing “Ban the Box” policy to include contractors and vendors.”

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New York City just enacted a law that prohibits employers from discriminating against job applicants who are out of work. The law, due to take effect in three months, is the farthest reaching legislation to protect unemployed job seekers.

Since the economic recession, unemployment discrimination laws have been considered on federal and state levels. New Jersey, Oregon and Washington, D.C. have already passed laws barring employment ads and listings to state that applicants must be employed.

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Following the lead of several other states, North Carolina State Representative Marcus Brandon recently introduced a “Ban the Box” bill. Like other similar efforts, the purpose of the bill is to prevent employers from asking if a candidate has been convicted of a felony on job applications or too early in the hiring process.

If passed, employers who violate the rule could be fined up to $100. The law is not meant to discourage background checks and criminal history disclosures; instead, it encouraged employers to wait to conduct appropriate background checks further into the candidate evaluation process.

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Several states have introduced legislation to protect job applicant and employee privacy with regards to social media. Increasingly employers have requested username and password information to private social media accounts during the interview or pre-employment process.

Just in 2013 legislation has been introduced or is pending in about 30 states. Many of these laws prohibit employers from requesting social media account access as a requirement for employment.

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As the first state to mandate that every employer run E-Verify on new hires, Arizona is now the touchstone for the nation as a comprehensive Federal immigration reform is being evaluated.

Many observers believe the inclusion of mandatory E-Verify requirements will be one debate in a comprehensive immigration reform bill. What positive and negative changes have Arizona’s employers experienced at the time of transition and as the program continues five years later?

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On January 21, 2013, state Rep. Doreen Costa introduced a bill that would reinstitute the use of E-Verify to confirm the employment eligibility of job seekers in Rhode Island.

Originally enforced by executive order of former Governor Don Carcieri, the E-Verify requirement was rescinded by Governor Lincoln Chafee in 2011. Minnesota is the only other state to rescind its E-Verify program, and a reversal by Rhode Island would make it the first state to re-evaluate and restore a rescinded E-Verify requirement, if the bill passes.

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Mobile application providers Filiquarian Publishing LLC and Choice Level LLC provided a service allowing consumers to conduct “quick criminal background checks for convictions” by downloading an app on their phone. This caught the attention of the Federal Trade Commission (FTC). The FTC recently extended the reach of the Fair Credit Reporting Act (FCRA) to the mobile industry by means of a consent order. The complaint is that Filiquarian and Choice Level provided employment screening information in violation of the FCRA. By taking such decisive action, employers and users of consumer reports should make sure information is used only in compliance with FCRA requirements, risking the breadth and enforcement of the FCRA if they fall short.

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Following an investigative report from CBS Atlanta News, the Georgia Department of Early Care and Learning is currently looking at a solution for the 24,000 daycare working in Georgia who have not submitted to a federal background check.

Current requirements include only a local background check. Expanding the search to a national scope is the new requirement that the Georgia Department of Early Care and Learning is pushing for. "We think that this is a cost that is bearable and is worth assuring the safety of our children. So it's hard to place a price on the safety of a child," Georgia Department of Early Care and Learning Commissioner Bobby Cagle said.

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Effective Dec. 12, 2012, New York General Business Law § 399-ddd requires that most employers in New York refrain from requiring full or partial social security numbers from candidates.

This law does not apply if the employee “consents to the acquisition or use of his or her social security account number.” The restrictions also do not prevent employers from requesting disclosure of the social security number for the certain "purposes of employment," such as for benefits and other HR administration purposes.

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By January 1, 2013, all employers will need to provide new FCRA notifications to candidates who've had an employment background check. The Consumer Financial Protection Bureau (CFPB) has updated two notices required by the Fair Credit Reporting Act, effective January 1, 2013. This change will now direct inquiries from consumers and users of employee background checks to the CFPB instead of the Federal Trade Commission (FTC). The updated documents include “A Summary of Your Rights Under the FCRA” and “Notice to Users of Consumer Reports: Obligations of Users Under the FCRA.”

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On July 26, Representative Hansen Clarke introduced H.R. 6220: Ban the Box Act. This act would prohibit employers from asking an applicant for employment whether they have been convicted of a criminal offense, except in certain circumstances.

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On Wednesday, August 1, Louisiana became the first state in the nation to require sex offenders to post their criminal status on social media sites. Under the law, a first conviction carries a sentence of 2-20 years without parole and a $1000 fine. A second conviction brings a prison sentence between 5-20 years.

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Pennsylvania Governor Tom Corbett has recently signed a bill (formerly Senate Bill 637) into law called The Public Works Employment Verification Act. Beginning on January 1, 2013, the state of Pennsylvania will require public works* contractors and subcontractors to enroll and participate in the federal E-Verify electronic employment eligibility verification system.

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Starting July 1, 2012, will, in part: (1) prohibit certain pre-employment inquiries; (2) restrict the types of criminal history information that employers and background report providers (known as "consumer reporting agencies" or CRAs) can obtain from Indiana state court clerks; and (3) restrict the types of criminal history information that CRAs can report to employers in background reports.

Changes to Criminal History Information that Employers May Obtain from Prospective and Current Employees

The law provides that, effective July 1, 2012, residents of Indiana with restricted or sealed criminal records may legally state on an "application for employment or any other document" that they have not been adjudicated, arrested or convicted of the offense recorded in the restricted records. In addition, covered employers will be prohibited from asking an "employee, contract employee, or applicant" about sealed and restricted criminal records. The law does not define the term "employer," and does not specifically address what it means for applicants and employees to be able to "legally" state on documents that they do not have certain previous criminal records.

Changes to Criminal History Information that CRAs and Employers Can Obtain from the State of Indiana

Also effective July 1, 2012, the law will restrict information that individuals and businesses such as employers and CRAs can obtain from Indiana state court clerks. This affects the scope of information that employers can expect in background reports. Specifically, the law prohibits courts from disclosing information pertaining to alleged infractions where the individual:

• -- is not prosecuted or if the action against the person is dismissed;
• --  is adjudged not to have committed the infraction;
• -- is adjudged to have committed the infraction and the adjudication is subsequently vacated;
• -- or was convicted of the infraction and satisfied any judgment attendant to the infraction conviction more than five years ago.

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On May 17, 2012, the Governor of Vermont enacted into law Act No. 154 (S. 95) ("Act"), which generally precludes employers from even inquiring about credit history, let alone using credit reports or credit history information in the employment context. Vermont becomes the eighth state to prohibit employers from using credit information in employment. This new law, which goes into effect July 1, 2012, applies to all employers in Vermont, subject to various exceptions.

The Act is premised on the legislature's statement that credit reports "do not provide meaningful insight in to a candidate's character, responsibility or prospective job performance." It generally prohibits employers from inquiring into an applicant or employee's credit report or credit history and further prohibits employers from discriminating against or making any employment decisions (e.g. hire, fire, alter the compensation or any other term or condition of employment) against an individual based on his or her credit report or credit history. Notably, credit history includes any credit information obtained from any third party, not only information contained in a credit report.

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A federal appeals court has ruled that a report containing Workers' Compensation court records is not a consumer report under the Fair Credit Reporting Act. Bachman v. Donahoe, 11-11060 (5th Cir. 2012).

The simple direct holding pointed out a basic principal of the Fair Credit Reporting Act: only certain information constitutes a consumer report. Return to §603(d) for the definition of a consumer report to determine what information actually converts a communication into a consumer report. That subsection states that consumer reports are limited to the communication of consumer information in one of the following 7 categories: credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living. The court noted that someone having a work place injury does not fall within any of the above categories. Thus the employer did not need the consumer's consent to obtain these reports from the consumer reporting agency.

Workers Compensation reports are impacted by the American's With Disabilities Act. That law requires an employer delay inquiring into medical issues until the very final stages of the hiring process. Thus, an employer should not order a Workers' Compensation report along with their other background screening reports. It should be ordered separately and later in time.

This bill would define a nationwide specialty consumer reporting agency and consumer file for purposes of California law and would authorize a consumer to place a freeze on his or her consumer file that is compiled and maintained by a nationwide specialty consumer reporting agency. The bill would also make conforming changes.

Existing state and federal law define and regulate consumer credit reports. Existing federal law regulates consumer file information that is compiled and maintained by a nationwide specialty consumer reporting agency, which is defined as a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to medical records or payments, residential or tenant history, check writing history, employment history, or insurance claims. Existing state law permits a consumer to place and to remove a security on his or her credit report by following a specified procedure.

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On May 4, 2012 the provision of the new CORI law will take effect. Criminal Offender Record Information, or CORI, includes records and data compiled by a Massachusetts criminal justice agency about an individual’s history related to the nature or disposition of a criminal charge, arrest, a pre-trial proceeding, other judicial proceedings, sentencing, incarceration, rehabilitation, or release.

The Department of Criminal Justice Information Services (DCJIS) is the Massachusetts agency statutorily designated to oversee the authorized release of CORI to the non-criminal justice community and provide a public safety information system and network to support data collection, information sharing, and interoperability for the Commonwealth's criminal justice and law enforcement community. The DCJIS is working to roll out a new secure, web-based service called “iCORI”, which will replace the existing CORI system.

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The U.S. Equal Employment Opportunity Commission (EEOC) today issued an updated Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964, as amended (Title VII). The Commission today voted 4-1 to approve the guidance document. The Commission also issued a Question-and-Answer (Q&A) document about the guidance. The Enforcement Guidance and Q&A document will be available on the EEOC’s website at www.eeoc.gov.

“When the Commission met publicly to discuss this subject in July, 2011, I said that I hoped the meeting would help to inform the Commission’s consideration of revisions to existing EEOC guidance. We had excellent testimony from two public meetings and hundreds of written comments submitted by a diverse group of commenters to inform our deliberations concerning the new guidance,” said EEOC Chair Jacqueline A. Berrien. Chair Berrien added, “The new guidance clarifies and updates the EEOC’s longstanding policy concerning the use of arrest and conviction records in employment, which will assist job seekers, employees, employers, and many other agency stakeholders.”

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The Social Security Administration (SSA) is changing the way Social Security Numbers (SSNs) are issued. This change is referred to as "randomization." The SSA is developing this new method to help protect the integrity of the SSN. SSN Randomization will also extend the longevity of the nine-digit SSN nationwide.

There are approximately 420 million numbers available for assignment. However, the current SSN assignment process limits the number of SSNs that are available for issuance to individuals by each state. Changing the assignment methodology will extend the longevity of the nine digit SSN in all states.

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FBI agents arrested former University adjunct instructor and professional speaker Bill Hillar at his home in Millersville, Md., Tuesday following the completion of a fraud investigation involving his fabricated experiences as an American war hero, doctoral degree holder and father of a kidnapped daughter.

According to the FBI's affidavit, the 66-year-old instructor had been teaching, leading workshops, giving speeches and conducting training for almost 40 public and private-sector clients across the county "for at least the past 10 years under fraudulent pretenses."

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For example, during a May 20, 2010 webinar, Reid Bowman, Esq., general counsel for ELT, commented, “[With the current infusion of dollars into the EEOC budget], the Equal Employment Opportunity Commission (EEOC) is more energized with investigations and investigators with a renewed focus on systemic issues such as increased EEOC scrutiny on company background screening processes, for example – arrest and conviction records and credit cards – since they may have an adverse impact on certain population groups.”

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Currently, the state requires such checks for nursing home and assisted living employees who care directly for residents, but not for staff such as custodians, maintenance and food service workers.

Bernie Vonderheide, founder of Kentuckians For Nursing Home Reform, said it doesn't make sense to conduct criminal background checks only on direct-care workers.

"All employees in an average nursing facility have easy access to every patient," he said.

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While we would like to believe that schools are always a safe haven for children, our CACs all too frequently receive cases in which the teacher, counselor, janitor, school bus driver, or coach has abused a child under his/her care. It isn't shocking that sexual predators seek to work in schools as a way to have access to potential victims. What is shocking is that schools do not do their due diligence when hiring.

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What is Checked in a Background Check

Most prospective employers are keen to have a background check of candidates and for this reason they cannot be labeled as being distrustful. The fact is that more than 40 percent of resumes received by employers contain distorted or false information. The employers are obviously eager to appoint candidate who really has the credentials he/she claims in the resume.

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The new law prohibits employers from asking questions on an “initial written application form” about an applicant’s “criminal offender record information,” which includes information about criminal charges, arrests, and incarceration. This provision amends a portion of the Massachusetts Fair Employment Practices Law, M.G.L. Chapter 151B, §4 (9), which bars employers from asking questions of job applicants about arrests that do not result in convictions and convictions for certain misdemeanors, but allows questions about felony convictions and about misdemeanor convictions not protected from disclosure. By using the term “initial written application,” the new law may allow employers to continue to question applicants about felony and currently unprotected misdemeanor convictions in subsequent parts of the application process such as in-person interviews, but the intent of the amendment is not clear. The new law may also be read to require employers to obtain criminal offender record information only from the newly created Department of Criminal Justice Information Services, which is a department in the executive office that largely replaces the Criminal History Systems Board (CHSB). The law does not address criminal history inquiries conducted by third parties on behalf of a current or prospective employer. Until these ambiguities in the CORI reform law are resolved, employers are advised to exercise caution in asking job applicants about any felony or misdemeanor convictions during the application process, to seek such information from the new Department, and to avoid asking for such information in any event on an “initial written application form.”

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It often happens when victims are too young to do anything about it, so it’s a crime that can go undetected for years.

A parent or other relative uses a child’s personal information, including Social Security number, to get a credit card, loan or other account with a clean credit record. That’s identity fraud in Georgia.

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