Employers and recruiters are aware that hiring an applicant with a criminal or civil background or who has falsified credentials may carry enormous legal thus a large economic loss.  To avoid this, employers and recruiters are relying on pre-employment background screening.  This makes sense because pre-employment background promotes a safe and more profitable workplace by protecting the employer form negligent hiring litigation, incidents of harassment or workplace violence, false claims, theft, and time wasted in recruiting and training the wrong person. 

 

Pre-employment background screening is best conducted by a Consumer Reporting Agency (CRA) Pre-employment background screening requires specialized training and resources.  In addition the screening must meet requirements set down by the FCRA, DPPA, and HIPPA.  To do less, firms risk  liability if the process used to conduct the screening violate legally protected area of privacy.  To protect the legal rights of both parties the Fair Credit Reporting Act was passed and amended in 1997 to provide even greater protection and ensure the information was accurate and complete.  Prior to requesting a report from a CRA. the employer must certify:

  • The information will be used for employment purposed only.
  • The employer will not use the information contained in the report for any illegal activity.
  • The employer will obtain the necessary consent and release forms.
  • There must be a disclosure to the applicant that an investigative consumer report is being conducted.
  • The applicant will have a copy of, " A Summary of your Rights Under the Fair Credit Reporting Act.:
  • Notice of adverse action and the applicant's rights.

What should your completed report contain?

  • Verification of applicant's name, date of birth, and SSN
  • Nationwide FCRA compliant criminal background check
  • Nationwide sexual offender and predator search
  • Civil record check in every county the applicant has lived
  • DPPA compliant driving record check
  • Education and professional licensed verified
  • Credit activity
  • Military record verified.

The whole FCRA thing can be very confusing, and you want to get it right.  We are always available to answer your questions or assist you in getting a program that meets your needs.

 

 

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