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• SSN Trace Functionality, Randomization and Validation

  SSN Address Trace Results

  The SSN Trace is primarily used as a record locator device and therefore no employment decisions should be made on the results of this check. Consultation with qualified legal counsel is recommended for all employment law matters.  As such, Info Cubic will not apply a result disposition (i.e. Clear or Review) to the SSN Address Trace.  The search will be displayed as “Complete” and will have one of the following results:

  • Return all name and address history results so long as the last name input is found at least once on the corresponding SSN Address Trace records.
  • A notation in the body of the search result that says, “No name or address records found. Either the supplied Social Security Number (SSN) does not match the provided name or there is no name and address history associated with the supplied SSN.”  In this scenario, either the client or applicant made a typo in error or provided an incorrect SSN purposefully.  It is also possible there is no name or address history associated with the SSN.  That could be the case when someone is very young and has not applied for credit, utilities, housing, etc. 

  SSN Randomization

  Occasionally you may see “unable to validate SSN” on the SSN Trace results in The Cube under the state and year issued. Whenever this result comes back, it’s due to SSN Randomization.

  The Social Security Administration (SSA) changed the way Social Security Numbers (SSNs) are issued on June 25, 2011. This change is referred to as "randomization." The SSA developed this new method to help protect the integrity of the SSN. SSN Randomization will also extend the longevity of the nine-digit SSN nationwide.

  The SSA eliminated the geographical significance of the first three digits of the SSN, referred to as the area number, by no longer allocating the area numbers for assignment to individuals in specific states. (Resource: https://www.ssa.gov/employer/randomization.html). 

  Essentially what happened was the SSA recognized it would eventually run out of numbers to assign using the geographic significance method and so it transitioned to the Randomization process. Thus, anyone obtaining a new SSN will not be tied to a particular geography given the randomization. This process does not impact any SSNs issued before June 25, 2011. Additional FAQs supplied by the SSA may be found here: https://www.ssa.gov/employer/randomizationfaqs.html.  

  SSN Validation

  The SSN Trace is not intended to officially verify or validate an individual’s SSN. Info Cubic also offers a Consent Based Social Security Number Verification (CBSV) product that verifies that the SSN holder’s name, date of birth and SSN directly match the official governmental source records of the SSA Master File and Death Index. The CBSV is distinct from the SSN Trace product offering.

• Screening Minors in the United States

  It is legally permissible to conduct background checks on individuals under the age of 18; however, please be aware that there may not be a lot of information returned. Here are some highlights as to different searches and consent forms.

  • Education: Odds are the individual is still in high school, not currently enrolled or working towards a GED. There may not be education experience to verify.
  • Employment: Likely a minor candidate hasn’t had any prior employment experience that is likely relevant/necessary for the job being filled.
  • MVR: There is likely minimal MVR history, although this is one search that may make the most sense if the minor will be driving such as if he/she is applying to deliver food.
  • Criminal: Juvenile records are not reportable. There may be an instance where a minor has committed a crime and been tried as an adult which would be reportable. However, if that is the case, it’s likely for a serious offense that would require a period of incarceration which probably means the minor is not out applying for a job. However, given the emphasis on workplace safety and protection from negligent hiring, a criminal search may still be a good idea.
  • References: This could be useful depending on the position.

  Credit Reports

  As for credit history, we will not process a credit report on individuals under the age of 18. Typically individuals under 18 only have credit history if a parent/guardian lists them as a joint account holder or authorized user. Another way an individual under 18 would have a credit report is due to identity theft. There have been instances where individuals will use the minor’s information to open accounts, run up debts, etc. without the minor or the parent/guardian ever knowing since minors do not really ever apply for credit (usually you have to be 18+ to apply for loans, open a credit card, etc.). The credit bureaus differ slightly on process, but they will accommodate security freeze requests from parents to help prevent this matter from happening. However, if no file is created in the first place for the minor the credit bureaus typically do not create a file unless required to do so under state law. The Consumer Financial Protection Bureau has a helpful article on the topic: https://www.consumerfinance.gov/askcfpb/1271/should-i-request-credit-reports-my-children.html.

  Consent

  Our recommendation is to have the minor’s parent or guardian sign the disclosure and authorization form as minors are not typically thought of as capable of providing consent.

• NYC Fair Chance Act

  The New York City Commission on Human Rights (NYCCHR) passed the Fair Chance Act which now impacts all employers hiring in NYC with four or more employees – including independent contractors and the owner(s) of the business. The Fair Chance Act is the strictest law of its kind in the country and imposes numerous requirements onto employers.

  Importantly, the Fair Chance Act requires employers to extend a conditional offer before conducting a criminal background check. Given the liabilities and penalties associated with this law, Info Cubic will not enter or process any background check request on an applicant currently residing in NYC (which includes the 5 Burroughs – Manhattan, Bronx, Brooklyn, Staten Island and Queens) without confirmation that a conditional offer has been extended.

  This can be accomplished in one of two ways. You can provide a one-time email that states your process is to extend a conditional offer prior to submitting the background check order that we will keep on file. After that your orders will proceed without any delays or interruptions. Alternatively, if you enter your own orders into The Cube (or initiate the Applicant Entry process), you will click on a box.

  

• Marijuana and Drug Testing

  Although marijuana remains illegal under federal law, President Obama did not make a notable enforcement push particularly over the past few years. To that end, the “Cole Memo” published in 2013 noted that states with strong and effective regulatory and enforcement systems to control marijuana use, distribution and sale were less likely to threaten the federal government’s priorities.

  The change in administration may impact the federal government’s enforcement activities. Although President Trump has said in past interviews and debates that it should be a state issue and that he’s supportive of at least medical marijuana, Attorney General Jeff Sessions has clearly stated his opposition to recreational marijuana laws. Additionally, Press Secretary Sean Spicer has stated in a press conference that there will be “greater enforcement” of federal law regarding recreational use.

  We have seen some employers take the step to remove marijuana from the list of drugs they test for during the pre-employment process in light of these laws. These employers have kept their drug free workplace policies largely intact by prohibiting marijuana use during work hours, prohibiting individuals from showing up under the influence, etc. Thus far, case law on the issue has largely sided with employers, providing leeway to establish and enforce drug-free workplaces. For example, in November 2015, U.S. District Court for the Western District of Washington upheld an employer’s right to terminate an employee for medical marijuana use. The plaintiff – a former employee of the defendant – filed suit claiming employment discrimination under the Washington Law Against Discrimination. According to the allegations, the plaintiff possessed a valid state medical marijuana prescription for his medical condition, but was terminated after testing positive for marijuana following an injury on the job. The defendant maintained a drug-free workplace policy and claimed that Washington state law did not require employer accommodation for medical marijuana. Dismissing the plaintiff’s claims, the court found that there is no state law requirement to accommodate medical marijuana use when a drug-free workplace has been established regardless of whether the off-site medical marijuana use is to treat a disability. The court also cited the fact that marijuana continues to remain unlawful under federal law. Further, the court determined that the Washington Law Against Discrimination did not apply as medical marijuana use could not be a protected class under the law.

  A similar case to the above was addressed by the Colorado Supreme Court in June 2015. In that case, the CO Supreme Court found that the use of medical marijuana could not be considered lawful under Colorado’s “lawful activities statute” since it remains illegal under federal law. Accordingly, the employer did not violate the law when it terminated an employee who was a registered medical marijuana user following a positive drug test. To our knowledge, there have not been any widely publicized cases addressing the issue of recreational marijuana use. Ultimately, this is a complicated issue that we definitely recommend consulting with qualified legal counsel on as we cannot provide legal advice.

• International Consent Forms and Guidance

  The disclosure and authorization form you use for U.S. background screening purposes is designed to meet the requirements under the Fair Credit Reporting Act (and any other applicable state laws). It should not be used for screening outside of the United States.

  For international screening purposes, each country is different with unique laws and regulations, particularly with regard to data privacy. There may also be specific consent language requirements depending on the searches ordered.

  A common theme among several data privacy laws is that the data subject (i.e., the candidate) must be informed as to who is receiving, collecting and/or processing the personal data and why. Additionally, in many countries within the European Union, consent must be provided that is specific, freely given and informed. Many experts believe that consent as it relates to employment can never truly be “freely given” which may mean a candidate could refuse consent to a background check without being adversely impacted.

  We do have a sample international consent form that can help start you in the right direction. Given the complexities involved with international screening, particularly with regard to consent issues, we always recommend consultation with a qualified legal expert to ensure your background screening program remains in compliance with all applicable laws and regulations.  

• FTC - Disclosure Publication

  On April 28, 2017, the FTC published an education piece which provides information for employers regarding disclosure and authorization forms. Click here to read the article "Background checks on prospective employees: Keep required disclosures simple" from the FTC.

  Here are some examples of the kind of things that shouldn’t be in this simple document:

  • Don’t include language that claims to release you from liability for conducting, obtaining, or using the background screening report.
  • Don’t include a certification by the prospective employee that all information in his or her job application is accurate.
  • Delete any wording that purports to require the prospective employee to acknowledge that your hiring decisions are based on legitimate non-discriminatory reasons.
  • Get rid of overly broad authorizations that permit the release of information that the FCRA doesn’t allow to be included in a background screening report – for example, bankruptcies that are more than 10 years old.

• Info Cubic announces expansion of drug and health screening services suite.

  Info Cubic, LLC, a leading employment screening company, is expanding its suite of health screening services to include physical exams and clinical screenings.
  
  “We understand that the needs of our clients extend well beyond a simple background check and drug test in many cases,” said Laura Lohnes, Product and Project Strategist with Info Cubic. “Our goal is to be the best partner for our clients we possibly can be, and by serving as their single source for employment and post-hire screening, we’re making their responsibilities just a little less complicated.”
  
  Info Cubic offers a wide variety of health screenings, designed to help companies fulfill internal requirements while remaining compliant with state and federal regulations.
  
  The new services include physical exams, such as:
  • Department of Transportation (DOT) Physical Exams
  • Non-DOT Physical Exams
  • Lift Tests
  • Eye Exams
  • Hearing Tests
  
  Info Cubic is also now offering clinical services, including (but not limited to):
  • TB Testing (PPD)
  • T-Spot TB Test
  • Chest X-Ray
  • Hepatitis A Titer
  • Hepatitis B Titer
  • MMR Titer
  • MMR Vaccination
  • Varicella (Zoster Virus) Titer
  • Varicella Vaccination
  
  Health screenings, such as physical exams, ensure a safe work environment by verifying that employees in safety sensitive positions are physically able to perform the job position’s responsibilities. Not completing the proper screening could open up an organization’s products, brand and even their employees to unnecessary risk.
  
  Give us a call today to find out how we can help protect your company with a full drug and health screening program. For more information, you can also visit our website at https://infocubic.com/about_us.