Employers Beware – Background Screening Compliance is Your Responsibility Too

Did you know …

  • Employers have compliance obligations during the background screening process at the national, state, and local levels? Not understanding those obligations can cost your company quite a bit of money in fines and lawsuits?
  • In the age of electronic applications, most background screening vendors provide the electronic forms, but do not ensure they are in compliance for YOUR obligations?

The word compliance automatically conjures up thoughts of the Fair Credit Reporting Act (FCRA) (if it doesn’t, it should). Both employers and the background screening firms they work with have obligations under the FCRA. Staying on top of law changes and federal cases involving the interpretation of the FCRA is important. However, it is equally as important to consider the effects of the various state laws at issue. What questions can you ask in light of Ban the Box and Salary History Bans? What records can you consider? What forms are required, other than those required under the FCRA? What are the differences with adverse action notices and steps?

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