Legal Compliance

Keeping Your Company Compliant

U.S. Information Search understands that the federal and state laws that govern background checks are both confusing and often change.

The Fair Credit Reporting Act (FCRA) regulates the collection of consumer information for employment purposes.

Our Compliance Department is here to help keep you informed and updated with the FCRA and best practices guidance.

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4 STEPS TO BACKGROUND CHECK COMPLIANCE

Employers can easily avoid most lawsuits related to background checks. The following are 4 actions each employer should take:

  1. Use a “Stand-Alone” Background Check Disclosure and Authorization.
  2. No Liability Release.
  3. You must provide a Pre-Adverse Action Notification.
  4. You must provide an Adverse Action Notification.

Check out the SlideShare to learn more.

Frequently Asked Questions

What is Ban the Box?

Ban the Box is the name of an international campaign by civil rights groups and advocates for ex-offenders. The movement seeks to remove questions about convictions from job applications and delay them until later in the hiring process so that ex-offenders are not excluded from consideration.

Can I run a Background Check on an Independent Contractor?

Yes. The Federal Trade Commission has issued an opinion stating that the term “employment purposes” includes independent contractors. Even if your work is done by people who use their own equipment or work for someone else on your property, you can request a background check. But, you have to follow the same rules as you would with one of your regular employees. (Isaac-Allison Letter, www.ftc.gov/os/statutes/fcra/allison.htm)

Should I Hire an Outside Screening Company?

There are many reasons to hire a reputable company to run your background checks. When it does its job correctly, a good background screening company will guide you through the process. This includes not just the legal process of compliance with the FCRA, but the administrative process that involves an applicant’s permission and notices required in the event you decide to take an adverse action based on the report. The company will also have procedures for investigating inaccurate information.

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