An Education on Compliance Standards

AGENDADispelling the Myths

Employer’s use of reportsProcedure Process

Other Considerations

DispellingThe

Myths

MYTH #1

The federal Fair Credit Reporting Act only applies to screening which includes credit

FALSE!

Credit worthiness

Credit standing

General reputation

Personal characteristics

Mode of living

An applicant doesn’t need to

receive a disclosure and authorize the background check if the report only

contains public informationFALSE!!

MYTH #2

An applicant must ALWAYS receive a disclosure and authorize a background investigation

The FBI criminal database is widely

available to background

screening companies

FALSE!!

MYTH #3

Background checks are returned instantly

FALSE!!

MYTH #4

Employer’s use of Consumer Reports

Prior to receiving a consumer

report

An employer must certify:

The information will be used for employment purposes only

The information will not be used in violation with any federal or state laws

Employer will obtain all necessary disclosures and consent

10 STEPS EMPLOYERS MUST TAKE

IN OBTAINING A BACKGROUND CHECK

#1: Employer Disclosure

#2: Signed Authorization

#3: Request Background

Check

#4: Background Check is

Conducted

#5: Report is Provided to the Employer..and applicant if

requested

#6: Employer Reviews Completed Background Report

#7: If Employer is Considering Adverse Action

•Notify Applicant

•Give Applicant a copy of the report

•Provide a “Summary of Rights”

#8: The applicant contacts the background

screening company to dispute any

information

#9: The background screening company would re-investigate any disputed information

#10: The Employer Makes a Decision

Key Responsibilities of the Employer

REQUIRED!

Disclosure to Applicant

REQUIRED!

Applicant’s Authorization

REQUIRED!

Adverse Action Procedures

REMEMBER!

You are not required to hold this position open while you complete this process

OTHER CONSIDERATIONS

Other considerations

IdentityTheft

EqualEmploymentOpportunity Record

Retention

Regulated Industries

Regulated Industries

TransportationHealthcareEducation

Banking

Securities

EQUAL EMPLOYMENT OPPORTUNITY

IMPARTIAL

OBJECTIVE

LEGALLY DEFENSIBLE

Consistent selection criteria and evaluation of candidates

Business Necessity

The nature and gravity of the offense

The time that has past since convictionThe nature of position held or sought

Arrest Records

InEmployment

Decisions

??????

Examine the circumstances

Let applicant explain

Make follow up inquiries

IDENTITY THEFT

Millions of AmericansFall victim

every year!

Fundamental concern when dealing with

sensitive information

The Pre-employment screening process allows the employer access personal information of a confidential nature.

Record Retention

after the applicant learned of the violation

Within 5 years of the date the action occurred.

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Information You Trust Since 1989

Finally

Pre-employment screening is an important part of a safe and successful hiring process

Thank you!

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