Below are several links to laws and guidelines relevant to obtaining and
using background screening reports.
Language that claims to release a company from liability for conducting, obtaining or
using the background screening report.
If your company
uses background screening reports to make hiring decisions, here are some steps the FCRA requires you to take:
Don't include language that claims to release you from liability for conducting, obtaining, or
using the background screening report.
Not exact matches
Sterling Talent Solutions surveyed 500 + U.S. based employers regarding their
use of employment
background checks for our just released, 2017 Background Screening Trends and Best Practic
background checks for our just released, 2017
Background Screening Trends and Best Practic
Background Screening Trends and Best Practices
Report.
The 2017
Background Screening Trends & Best Practices Report took the pulse of how companies are using background screening as part of their hirin
Background Screening Trends & Best Practices Report took the pulse of how companies are using background screening as part of their hiring
Screening Trends & Best Practices
Report took the pulse of how companies are
using background screening as part of their hirin
background screening as part of their hiring
screening as part of their hiring process.
Once
background screening reports are released to its clients, Sterling Talent Solutions does not know how the information will be
used.
If the
report was not ordered from ESR, the Consent and Disclosure forms that an applicant must sign prior to a
background report being requested should provide you with the name of the
background screening firm
used by the employer to prepare the
report.
When an employer obtains a
background check from a Consumer
Reporting Agency (
background screening company, for example) there are certain obligations that must be fulfilled related to consumer / applicant consent, providing copies of
reports and summary of rights, and appropriate
use of the
report.
Employers routinely
use credit
reports — for financially sensitive positions and alongside other
background screening measures — to assess a candidate's financial responsibility and potential risk.
State and federal regulatory and legislative changes to an employer's legal
use of credit
report, criminal record, and social media
background checks present another threat to your
background screening program.
We continue to believe that employers ought to avoid a DIY approach to social media
background screening and instead rely on a professional
background screening company to apply standard procedures rigorously and
report only information that is safe to
use in the hiring process.
The foundation of a
background screening program,
screening policies clearly state the purpose of the program, types of checks to be conducted at various levels of the organization, the methodology, and the company standards for handling and
use of the resulting
reports.
When employers
use background screening companies (consumer
reporting agencies) for employee
background checks (including credit
reports, employment verifications, criminal records
screening, driving records, and more) to hire new employees and evaluate existing employees for promotion, reassignment, and retention, they are bound by FCRA regulations.
The law applies any time an organization
uses a third - party Credit
Reporting Agency (CRA)-- aka
background screening company — to provide a
background report to help decide to accept or reject a job candidate.
The FCRA is enforced by the Federal Trade Association and applies to companies who
use third party consumer
reporting agencies (
background screening companies) to perform their employment
background checks.
If you
use a
background screening company (a Consumer
Reporting Agency), the Fair Credit
Reporting Act (FCRA) requires you to inform the applicant.
Hirewise can also
use our pre employment
screening background check services to look deeper into other areas of a job applicant's life, including past Workers Compensation claims, credit history, DMV
reports, green card verification, military service records, and more.
Consumers have the right to know what is in their consumer file and must be told if the information in their credit
report or another type of consumer file (such as
background screening) has been
used against you to deny an application for credit, insurance or employment.
In March the EEOC and the FTC published «
Background Checks: What Employers Need to Know» regarding the use of background screening reports in the employmen
Background Checks: What Employers Need to Know» regarding the
use of
background screening reports in the employmen
background screening reports in the employment context.
If you decide to obtain an applicant's credit history during the employment
background screening process, the following «two do's» can help you stay compliant with regulations and get the most out of
using credit
reports in the hiring process.
In other words, if you are
using a
report provided by Proforma
Screening Solutions or another background screening company and decide not to hire, promote, or retain the individual who was the subject of the background check, the Fair Credit Reporting Act (FCRA) stipulates that the subject of the report be notified in writing that the information in the background check may lead to advers
Screening Solutions or another
background screening company and decide not to hire, promote, or retain the individual who was the subject of the background check, the Fair Credit Reporting Act (FCRA) stipulates that the subject of the report be notified in writing that the information in the background check may lead to advers
screening company and decide not to hire, promote, or retain the individual who was the subject of the
background check, the Fair Credit
Reporting Act (FCRA) stipulates that the subject of the
report be notified in writing that the information in the
background check may lead to adverse action.
Each of these suits involves a complex web of legal issues and accusations — one involving an alleged failure to follow adverse action notification protocol that resulted in an expunged criminal record being
used against a prospective employee; another revolves around the alleged misuse of
background screening disclosure and authorization forms and
reporting of
background information that is not legal for a
background check company to
report (resulting in adverse action against a hopeful applicant); and the third was news of a $ 18.6 M settlement over the
use of unverified criminal database research.
With these principles in mind, design your hiring process to start a fully compliant 3 - step FCRA adverse action process the moment you choose to
use background reports produced by a third - party
background screening agency.
This question is relevant when employers
use information in a consumer
report collected by a third - party Consumer
Reporting Agency, like a
background screening company, to take adverse action against an employee or applicant.
Submit search requests on - the - go while
using your smartphone device, track work - in - progress, and securely view, retrieve, and archive completed
background checks, drug testing, and physical exam
reports through Employers Choice
Screening's easy ‐ to ‐
use online service.
Running a quick
background check on the blind date you've been set up with might be a good way (or not, remember it's going to be a database search) to
use the latest mobile
background screening apps, but the FTC fears employers might be
using these apps for employment
screening purposes — and that could very easily violate the Fair Credit
Reporting Act.
Before you take an adverse action: You must give the applicant a copy of the
background screening report you are
using, plus a copy of their rights under the FCRA law (linked above).
By
using both our criminal
background check services and drug testing services, you can receive all your employment
screening needs in one place receiving one simple
report.
The document is a joint effort and covers items that employers should consider before implementing a
background screening policy, how information included in a
background report may be
used by employers, and how employers should dispose of
background reports.
The Fair Credit
Reporting Act (FCRA) applies in situations where employers use a consumer reporting agency (background screening company) to obtain background checks for employment - related
Reporting Act (FCRA) applies in situations where employers
use a consumer
reporting agency (background screening company) to obtain background checks for employment - related
reporting agency (
background screening company) to obtain
background checks for employment - related purposes.
SmartStart will not
use your information to conduct a
background screening investigation and create a
report unless SmartStart's client has provided a certification required by the FCRA and any other applicable law.
Fair Credit
Reporting Act (FCRA): Administered by the Federal Trade Commission, this regulation governs how you can
use background information supplied by a third party (like a
background screening agency) to evaluate a candidate.
The real value of
using Sarma
Background Screening is you receive an objective, fair and competent pre-employment
report that discloses facts not otherwise verifiable or known.
The trends include: Number 1: Controversy over Whether Employers
Using Credit
Reports for Employment
Screening is Discriminatory Increases Number 2: Questions about Criminal Records of Job Applicants Become More Difficult for Employers to Ask Number 3: Employers Discover Fast and Cheap Online
Background Checks
Using Criminal Databases Not Always Accurate or Legal Number 4:
Background Checks of Temporary Workers Cause for Concern for Employers as Hiring Increases Number 5: International
Background Screening More Necessary Due to Mobility of Workers in Global Economy Number 6:
Using Social Network Sites Such as Facebook to
Screen Job Candidates Increases Legal Risk for Employers Number 7: More Workplace Violence Prevention Education Helps Protect Employers and Employees Number 8: Increased Privacy Concerns Over Offshoring of Personally Identifiable Information (PII) Number 9: E-Verify and I - 9 Audits Help Government Find Employers with Illegal Workers Number 10: New Accreditation Standards Help Employers Select
Background Screening Firms
George J. Ramos Jr., founder of Employers Choice
Screening explains, «Users in any part of the world can securely view, retrieve, and archive
background reports anytime
using our innovative, user - friendly system.
FCRA compliant
background check services and State Compliant
background screening are both required for any
background report used in the pre employment consideration process.
A CRA includes companies like Trak - 1 that provide
background screening services or any kind of
report that relates to the general characteristics, and CRAs are governed by the FCRA, as are the end users that
use Trak - 1 services.
An applicant can either ask the HR department directly or if it knows which
background check company the prospective employer
uses, it can ask the
screening firm if a
report was prepared.
Sterling Talent Solutions»
Background Screening Trends & Best Practices Report 2017 - 2018 provides a snapshot of the U.S. employment landscape and reveals key insights on screening practices, priorities and challenges, gathered from more than 500 U.S. - based employers on their use of backgrou
Background Screening Trends & Best Practices Report 2017 - 2018 provides a snapshot of the U.S. employment landscape and reveals key insights on screening practices, priorities and challenges, gathered from more than 500 U.S. - based employers on their use of backgroun
Screening Trends & Best Practices
Report 2017 - 2018 provides a snapshot of the U.S. employment landscape and reveals key insights on
screening practices, priorities and challenges, gathered from more than 500 U.S. - based employers on their use of backgroun
screening practices, priorities and challenges, gathered from more than 500 U.S. - based employers on their
use of
backgroundbackground checks.
As
reported earlier on the ESR News, the EEOC held a public meeting at agency headquarters in Washington, D.C. in October 2016 that focused on how «big data» — the
use of algorithms, data scraping of the internet, and other means of evaluating thousands of pieces of information about an individual — is
used during
background screening to make hiring and employment decisions.
The Fair Credit
Reporting Act (FCRA) was enacted October 26, 1970 to regulate how employers
use public record information (i.e. court records, driving records, verification, etc.) on
background screening reports.
An employment
background screening company that provides consumer
reports to companies nationwide will pay $ 2.6 million to settle Federal Trade Commission charges that it violated the Fair Credit
Reporting Act by failing to
use reasonable procedures to assure the maximum possible accuracy of information it provided, failing to give consumers copies of their
reports, and failing to reinvestigate consumer disputes, as required by law.
This session will review the top ten trends and best practices for 2011 when it comes to
background checks and safe hiring, including the
use of social networking sites, the EEOC approach to the
use of criminal records and credit
reports, international
background screening, resume fraud, dealing with temporary workers, privacy and off shoring of personal data, and tools to protect against workplace violence.
Background screening mistakes can be costly for employers from knowing when to use credit reports to what to do after a background check report with a cri
Background screening mistakes can be costly for employers from knowing when to
use credit
reports to what to do after a
background check report with a cri
background check
report with a criminal hit.
We discuss the
use of social metworking sites, the EEOC approach to the
use of criminal records and credit
reports, international
background screening, resume fraud, dealing with temporary workers, privacy and off shoring of personal data, and tools to protect against workplace violence.
The Fair Credit
Reporting Act was enacted October 26, 1970 and regulates how employers
use public record information (i.e. court records, driving records, verifications etc.) on
background screening reports.
The facts showed that the college utilized the services of a
background screening firm (called a Consumer
Reporting Agency or CRA) to conduct a
background check, including a check for criminal records, and the CRA in turn
used other researchers.
Along with the federal Fair Credit
Reporting Act (FCRA), he says there are
background screening laws for all 50 states and Equal Employment Opportunity Commission (EEOC) guidance on
using criminal records.
USE A QUALIFIED CRA TO CONDUCT RECORD CHECKS — All
background screening firms (Consumer
Reporting Agencies or CRAs) are not equal.