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Life has plenty of rules, and background screening is no exception. It has its own share of rules and guidelines, local, state, and federal. Keeping tabs on all those rules can get complicated, but for a business today, compliance in the area of background screening is critical.
Complying with the Fair Credit Reporting Act (FCRA) and the Equal Employment Opportunity Commission (EEOC) Guidance, along with other local regulations and state laws can create a long to-do list for companies. And missing any can mean a major legal risk.
So, what are some key factors to remember when it comes to compliance?
Start off on the right foot. When it comes to pre-employment screening, don’t forget that FCRA rules and certain state equivalent statutes rules start before the background check does. Potential new hires must be given appropriate disclosures and sign an authorization form before any screening can start.
If you decide not to hire that candidate based on their screening results, be sure to follow the correct “no hire” process. At minimum, you need to provide them with a summary of their rights as prescribed by the CFPB, a copy of the screening report, and give them a reasonable amount of time to dispute any errors in the report.
Don’t forget: other local regulations and state laws may apply, too.
Build a strong foundation. Staying on top of ever-changing laws can be tricky, but forming a company policy connected to screening is a good foundation. Having a set policy that complies with the law and using it to guide screening decisions can make a big difference.
That policy can also help identify which type of screening applies to each position. One critical piece: not cherry-picking where to apply that policy, but applying it consistently and uniformly.
Skipping any screening rule is a big risk, but so is having a screening company who doesn’t make compliance a top priority. Looking for a company that offers state-of-the-art screening services plus compliance support backed by decades of industry experience? Contact ClearStar today.
