DCI Resources, Inc.

08/27/2015

Why Uber Doesn't Want to Fingerprint Drivers
Excerpted from Inc.com, by Tess Townsend

Controversies surrounding Uber tend to fall into two different categories: either horror stories of lapses in rider safety or the debate over whether the company's drivers should be considered employees as opposed to private contractors. But there may be a connection between those two seemingly disparate situations.

The San Francisco and Los Angeles district attorneys have accused Uber of failing to uncover serious crimes on the records of some drivers allowed to operate in the two cities. The attorneys said they discovered 25 drivers in the two cities whose criminal records had gone undetected, and at least some records included felonies. Notably, one of the drivers whose criminal record went undetected was a convicted murderer who spent 26 years behind bars.

The discovery would appear to put pressure on Uber to adopt a more thorough background check process in order to stay in consumers' good graces. But there's more at stake here: If the company does adopt more rigorous background checks, which could include fingerprinting, drivers seeking classification as employees could try to use the move as evidence they are indeed employees and not private contractors, says one labor attorney.

08/20/2015

03/21/2013

Immigration reform likely to require employer use of E-Verify

The effects of immigration reform won't just be felt by border patrol agents, but employers too. An important factor to recently proposed immigration reform

03/21/2013

Screening requirements may be bolstered for teachers and child care workers.

Jobs that require workers to be in constant contact with children are deemed to be safety-sensitive. Two states are reinforcing the sentiment that background

03/21/2013

Employers may no longer be able to inquire into criminal histories.

An increasingly common piece of legislation is making its way across the country. Bills proposing bans on questions of criminal histories on job applications

02/09/2012

FTC Warning: A Consumer Report is A Consumer Report Even if You Think It’s Not

The Federal Trade Commission warned several mobile app makers that their products may be consumer reports. According to the FTC’s website, these app makers all performed instant database checks into individual’s criminal histories. The FTC noted that this information, if used for employment purposes, is a consumer report. The FTC placed no weight to the presence of a disclaimer on an app that it is not for employment purposes. Instead, the FTC said it would look to indications of actual use, such as where the mobile apps were advertised and who was on the app-makers’ customer lists.
This is critical for employers who use anything other than a regulated consumer reporting agency for their background reports. The FTC and private plaintiffs’ lawyers may hold employers liable for using services similar to these (whether mobile apps or websites) in violation of the Fair Credit Reporting Act. The FTC points out that a consumer report is a consumer report, regardless of whether the companies providing or obtaining it think so. The FTC is absolutely correct.
At a minimum, the FTC and plaintiffs’ lawyers would be able to show a violation of 15 U.S.C. § 1681b(f)(2), which prohibits anyone from obtaining a consumer report without having first certified to a consumer reporting agency the purpose for which the report will be used. Most likely, they would also be able to show a violation of:
• 15 U.S.C. § 1681b(b)(2), which prohibits anyone from obtaining a consumer report for employment without having first told the subject that that it will obtain a consumer report and having obtained the subject’s authorization;
• 15 U.S.C. § 1681b(b)(3), which requires anyone intending to take adverse action based on a consumer report obtained for employment purposes to give a specific notice before taking that action, and
• 15 U.S.C. § 1681m, which requires anyone who takes adverse action based on a consumer report to give a further notice about the action.
It seems probable that the FTC would show this to be a knowing violation, which would entail civil penalties of up to $3,500 per violation. More significantly, plaintiffs’ lawyers would show this to be willful, which means that the employer would be liable for $100 to $1,000 per violation, plus actual damages, plus punitive damages, plus attorney’s fees.
Using a regulated consumer reporting agency like dciresources.com avoids this particular problem. Among other differences, when creating an account with dciresources.com, we will ensure first that you have permissible purpose to be using these checks and second that you know the steps you are required to take when performing a background check under the FCRA.
More importantly, using a regulated consumer reporting agency assures employers that the reports on which they make critical hiring decisions were prepared by a responsible agency using processes designed to produce accurate, complete, up-to-date reports. When another service – whether mobile or web – disclaims the FCRA, that is a sign that the report may be too unreliable to be used for hiring.
For more information, contact dciresources.com customer service.

01/24/2012

DCI Resources, Inc. provides background screening solutions to companies nationwide.
Our online system provides timely, efficient and pre-integrated customer oriented reports based on your company's individual needs. We separate ourselves from our competition by providing accurate reports with the fastest turnaround possible while providing readily accessible customer service resulting in high customer satisfaction.
At DCI Resources, Inc. we know that the primary purpose of employment and rental screening is to allow you to make objective and informed decisions about your potential employees or renters.
Screening an applicant can verify the facts stated on applications or resumes . . . can reveal a criminal history or an individual's poor driving record . . . can reflect a person's sense of responsibility, or willful disregard for it. By using state of the art computer technology, public information sources and court record search techniques, a DCI Resources, Inc. report will give you a broader and more accurate view of a perspective employee or renter.