Archive for August, 2010

Pre-Employment Credit Checks No Longer Allowed in Illinois

Sunday, August 29th, 2010

Illinois General Assembly will prohibit employers from using an employee’s credit history in employment decisions (Check Your State Law Before Credit-Checking Your Employees, 4/13/10). With Governor Patrick Quinn’s signature one week ago, this proposal became law. When it goes into effect on January 1, 2011, Illinois will join a small group of states banning credit checks for most job applicants.

The Employee Credit Privacy Act (Public Act 096-1426) (the “Act”) generally prohibits employers in Illinois from:

  • refusing to hire, discharging or otherwise discriminating against an applicant or employee because of the individual’s credit history or credit report;
  • inquiring about an applicant’s or employee’s credit history; or
  • ordering or obtaining an applicant’s or employee’s credit report.

“Credit history” is defi ned as an individual’s past borrowing and repaying behavior, including paying bills on time and managing debt and other financial obligations, while “credit report” means any written or other communication of any information by a consumer reporting agency that bears on a consumer’s creditworthiness, credit standing, credit capacity or credit history. The prohibition does not apply if a satisfactory credit history is an established bona fide occupational requirement of the particular position. The Act identifies seven such circumstances where an applicant or employee’s credit information may be considered:

(1) State or federal law requires bonding for an individual holding the position.
(2) The duties of the position include custody of or unsupervised access to cash or marketable assets valued at $2,500 or more.
(3) The duties of the position include signatory power over business assets of $100 or more per transaction.
(4) The position is a managerial position that involves setting the direction or control of the business.
(5) Positions with access to personal or confidential information, financial information, trade secrets or state or national security information.
(6) The position meets criteria in administrative rules, if any, issued by the U.S. Department of Labor or the Illinois Department of Labor to establish the circumstances in which a credit history is a bona fide occupational requirement.
(7) A credit history is otherwise required by or the position is exempt under federal or state law.

Other features of the Act:

  • Certain employers are exempt from the Act, such as banks and bank holding companies, savings and loan associations, credit unions and certain other financial institutions, insurance companies and agents, debt collectors, law enforcement agencies and certain governmental employers.
  • Any person injured by a violation of the Act may bring an action for damages and injunctive relief. A prevailing plaintiff in such an action is entitled to an award of costs and reasonable attorney’s fees.
  • Employers are still permitted to conduct— according to the Act—a “thorough background investigation,” but these investigations must be devoid of any credit history or report information.

With recent studies indicating that three out of every five employers run credit checks, the impact of this new law on Illinois employers will be significant. Between now and the Act’s January 1, 2011 effective date, Illinois employers subject to the Act that are using credit reports when conducting background checks should review and modify those procedures to ensure compliance with the Act, at least with respect to the employer’s Illinois operations.  There has been and will continue to be significant state and federal legislative activity regarding employer use of credit checks. Illinois now joins Oregon, Washington and Hawaii in adopting restrictions on their use. Though proposals died earlier this year in nine other states, as of this summer they remain pending in Pennsylvania, Ohio and California. We advise employers to review and update their policies now. – Thomas G. Hancuch, VedderPrice Chicago

ONLINE BACKGROUND CHECKS: What you need to know before buying background checks online

Sunday, August 29th, 2010

There are literally tens of thousands of websites on the internet selling background checks and public record information. A simple Google search on the phrase “online background check” returns more than 28 million results. This tells us that there are lots of choices out there.

So, if you are in need of a background check service, the question quickly becomes how do you know which background check company to choose? Before you pull out your credit card and shell out your hard earned cash, a little due diligence is called for. The idea is to avoid getting duped by online background check websites that over promise and under deliver. Most of these background check websites don’t provide a service at all; they simply give you access to instant data that has been circulating around the internet for years.

Let’s get right to the chase. What are the things you need to look for when selecting an online background check service?

1) AVOID “INSTANT” BACKGROUND SEARCHES
Instant background check” is just code for “database” searches, which is why they can be produced instantly. Database searches are background searches from data that has been complied and entered into an online database. Most of the time, these databases are owned by private companies that buy their information from data brokers or government agencies. The problem with this is that database information is almost always inaccurate, incomplete or not up to date. This is because databases by their very nature- even government run databases, only update their information at certain intervals. These intervals can be monthly, every other month, every quarter, or even every year. This means if you search a particular database, the information you are getting is only as up to date as the last time it was updated. For example the Illinois State Police runs a database repository of criminal record information which is gathered from local counties. When this database is searched, it is called an “Illinois Statewide Criminal Record Search” simply because the majority of counties in Illinois submit criminal record information to this database. But calling this a “statewide” search is really misleading, because not all counties in Illinois report to the database, and out of those that do, many are backlogged by 30, 60 or even 90 days. Most of the time, the larger the county, the longer the backlog. This means that if someone was convicted of child molestation in Cook County on June 1, and you do an Illinois statewide criminal record search on that person July 1, there is a great likelihood that this record will not show up and the search will come back clear. Imagine the problems involved with a national database maintained by a private company! The fact is, as you now know, that there really is no such thing as a “national background search”. It is a simply a network of online databases from private data brokers and state and local jurisdictions that make their records available to an online database search.

2) LOOK FOR LIVE, DELAYED COURT ACCESS SEARCHES

“Live” court access searches means that a researcher physically goes to a courthouse and searches the court system’s public access system or case files. By definition, this is a delayed search, because it is conducted on request. Any background check company that claims to do instant “live” court searches is misrepresenting their service. Very few private companies have ever been granted direct access to a court system’s database. Even fewer have ever been given permission to make their court system access available in real-time to the public for a fee. Conducting a live, real-time court search means that a researcher receives the name to be searched, goes to the courthouse to conduct the search, records the results of the search, and then reports it back to the client. To complete all of these steps, it takes time. Realistically, this process takes a couple of days. The most efficient of background check companies could complete this process in perhaps 24-48 hours; but there is no such thing as “instant”. A website claiming to do an “instant” live court access searches makes about as much sense as a doctor’s office advertising “instant” checkups- it just doesn’t exist.

3) CHECK WHO IS DOING YOUR BACKGROUND SEARCHES
Anyone can set up a website and purport to do background checks. Just because a website looks legitimate, does not mean that the business you are dealing with is legitimate. It is important to make sure that you check out who you are doing business with. A legitimate business will have a physical address and phone number listed somewhere on their website. Ideally you should select a company that has a professional license, such as a private detective license. Dealing with a licensed professional gives you the confidence to know that the company is overseen by a regulatory agency that has authority over them. This means that if the company does something dishonest or unethical, you have some recourse because they will be held accountable for their actions if you file a complaint. Another indication of a legitimate business is accreditation with the Better Business Bureau (BBB.org). Just because someone has the BBB logo on their website doesn’t mean they are accredited; the logo should specifically say “BBB Accredited Business”, and when you click on the logo it should take you to that company’s Reliability Report and grade rating listed on the Better Business Bureau’s website.

Now that you are armed with the information you need to identify and select a legitimate background check company to provide you with the background check services you need, you should feel confident in contacting a company you are thinking about doing business with and asking them questions about their services. A professional background check company will be willing to answer your questions and take the time to address any concerns you may have. A company that doesn’t allow communication by telephone or won’t answer questions in a straightforward manner is not the kind of service you want to do business with. Good luck and if you have any questions, please feel free to contact me at www.realbackgroundchecks.com -Anthony Rizzo

Welcome to Realbackgroundcheck.com’s Blog site!

Saturday, August 28th, 2010

This is where you can find helpful and accurate information about conducting background checks and buying information online.