Correct!

ANSWER
(B) It depends on whether the language in the original disclosure and release notified the employee that ongoing screenings throughout their employment/volunteer or contract period might be performed. If it did not, it would be best practices for ABC to have the employees sign a new release which contains this information.

ABC Corporation is a regular client that obtains background screening from you on a regular basis as part of its hiring process. ABC has 500 employees and recently decided that it should conduct periodic background screening on its workforce because its employees have regular contact with customers and employees must sometimes be in its customers’ homes. All of these employees had a background screening at the time of their employment and ABC provided a disclosure and obtained a release at that time. Can you simply process orders from ABC for supplemental screenings on its current employees when requested?

A Yes, so long as you verify that all of these employees signed a release at the time of hire which allows ABC to conduct a background screening.

B Maybe, it depends on the language in the release signed.

C No, an employer must obtain a release each time it requests a background screen on a current employee so the employee is aware that the screening is occurring.

D Maybe, depending on whether there is a legitimate business reason for the decision to have periodic screenings performed.