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Legal & Compliance

Education Verification Discrepancy: What Employers Should Do When a Background Check Finds a Problem

A background check comes back showing the candidate's degree doesn't match what's on their resume. Before you do anything, understand your legal obligations, the difference between an explainable discrepancy and fraud, and what a defensible process looks like.

· 9 min read

Note

This article is informational and does not constitute legal advice. Consult employment counsel for guidance specific to your industry, jurisdiction, and role requirements.

What counts as an education verification discrepancy?

An education discrepancy is any difference between what a candidate claimed on their resume and what the verifying institution — or a credential verification service — reports. Not every discrepancy is fraud. Some are clerical errors, name changes, or honest misremembering of graduation dates. Others are deliberate falsification.

Degree not confirmed

The institution has no record of the candidate earning the degree they claim. This is the most serious discrepancy. It may indicate attendance without graduation, enrollment in a different program, or outright fabrication.

Wrong degree level

The candidate lists a bachelor's degree; records show they completed only an associate's degree or a certificate program. Or they claim a master's when only a bachelor's was earned. Degree inflation is common — and often deliberate.

Different field of study

The candidate's stated major doesn't match institutional records. This matters most in roles where the field of study is a qualification — engineering, nursing, accounting, education. A general studies degree listed as a computer science degree is a material misrepresentation.

Dates don't match

Attendance or graduation dates differ from what was listed. Minor date errors are common and often explainable. A candidate listing a 2015 graduation date when records show 2017 may reflect an honest mistake — or an attempt to hide a gap or delayed completion.

Unaccredited or diploma mill institution

The degree is from an institution not recognized by any accrediting body the Department of Education acknowledges. The institution may look legitimate — complete website, phone number, will "confirm" degrees — but the credential is not valid. See what is a diploma mill for how to identify these.

What not to do: the immediate rescission mistake

The most common employer mistake is also the most legally risky: immediately rescinding the job offer as soon as a discrepancy surfaces.

If the background check was conducted through a third-party consumer reporting agency — which includes most background check services — you are subject to the Fair Credit Reporting Act (FCRA). The FCRA requires a specific sequence of steps before you can take adverse action based on background check results. Skipping those steps is a federal violation that can result in individual and class-action lawsuits.

Even if you conduct verification in-house (not through a CRA), state employment laws in many jurisdictions impose waiting periods and notice requirements before adverse employment actions.

The FCRA adverse action process

When a third-party background check reveals information that may lead you to rescind an offer or decline to hire, the FCRA requires a two-step adverse action process:

Step 1: Pre-adverse action notice

Before making a final decision, you must send the candidate:

  • A copy of the background check report
  • A copy of the FTC's "A Summary of Your Rights Under the FCRA"
  • Notice that you are considering adverse action based on the report

This notice gives the candidate the opportunity to dispute inaccurate information. Background check reports contain errors more often than employers expect — institutions merge, records are misfiled, and name variations cause false mismatches.

Step 2: Waiting period

After sending the pre-adverse action notice, you must wait a reasonable period — typically interpreted as at least 5 business days — before making a final decision. Some states mandate specific waiting periods (California and New York, for example, have additional requirements). During this window, the candidate may provide documentation that explains or corrects the discrepancy.

Step 3: Final adverse action notice (if proceeding)

If you decide to proceed with rescinding the offer, send a final adverse action notice that includes: the name, address, and phone number of the background check company; a statement that the CRA did not make the hiring decision; and information about the candidate's right to dispute the report.

When a discrepancy is disqualifying vs. explainable

Not every discrepancy ends in rescission. Evaluate what the candidate says during the pre-adverse action window, and weigh the discrepancy against the role.

Often explainable

  • Minor date discrepancies (a year off) with documentation supporting the correct date
  • Name mismatches due to legal name changes — marriage, divorce, or transition
  • Attendance confirmed but degree not conferred due to a hold since resolved
  • Records not found at one campus location but confirmed at another
  • Foreign institution records delayed due to international document retrieval

Typically disqualifying

  • Degree from a confirmed diploma mill or unaccredited institution
  • No attendance record at all — institution has no record of the candidate
  • Fabricated degree field in a regulated role (e.g., claiming a nursing degree for a nursing position)
  • Candidate cannot produce any documentation to explain the discrepancy after notice
  • Same pattern across multiple claimed credentials

For regulated professions — healthcare, education, engineering, law — a degree discrepancy in the qualifying credential is almost always disqualifying. The role legally requires the credential. There is no workaround.

Document your process

Whatever decision you make, document every step: when you sent the pre-adverse action notice, when the response window closed, what the candidate provided, and the basis for your final decision. If the decision is ever challenged, this documentation is your defense.

For regulated industries, documentation of credential verification is not optional — it is a compliance requirement. Healthcare organizations accredited by The Joint Commission, for example, must maintain primary source verification records for clinical staff. Schools must verify teacher licensure. Financial institutions may be required to verify relevant credentials under FINRA rules.

Preventing discrepancies before the background check

The best time to catch a credential problem is before you extend an offer — not after. Discrepancies caught late create legal exposure, waste time, and leave the role unfilled longer. A few steps that reduce downstream problems:

  • Verify accreditation first. Before checking whether a candidate attended a school, check whether the school is accredited. A degree from a diploma mill is disqualifying regardless of what the institution's records show. Use VerifyED's school lookup or the Department of Education's database to confirm accreditation status.
  • Request official transcripts upfront. Applicant-provided PDFs are trivially altered. For roles where education is a qualification, require official transcripts from the issuing institution — via sealed mail or a verified electronic service like Parchment, the National Student Clearinghouse, or Credential Solutions.
  • Check international credentials carefully. International degrees require evaluating both accreditation in the issuing country and equivalency to US credentials. See our guides on verifying foreign degrees and international credential verification.
  • Audit your screening vendor's methodology. Not all background check services verify the same things. Some only confirm that a candidate attended an institution — not that they earned the specific degree they claim. Understand what your vendor actually checks.

A checklist for handling a discrepancy

  1. 1 Identify the specific discrepancy — degree level, field, dates, institution identity, or accreditation status
  2. 2 If using a third-party CRA, send pre-adverse action notice immediately — do not make a decision first
  3. 3 Give the candidate at least 5 business days to respond and provide documentation
  4. 4 Review the candidate's explanation and any documentation against the original discrepancy
  5. 5 Evaluate the discrepancy against the role requirements — is the credential legally required?
  6. 6 Make a documented decision; if adverse, send the FCRA-required final adverse action notice
  7. 7 Retain all documentation — notice copies, candidate responses, decision rationale

Verify school accreditation before the background check

912,000 schools. 2,592 known diploma mills. VerifyED lets you confirm whether a school is legitimate before you spend time on a full background check.

Look up a school