What is Adverse Action and when is it required?
The adverse action process is required for any action taken that denies an individual employment, credit, insurance, etc. based on information obtained through a consumer report. This three-step process complies with federal laws to protect applicants from discrimination. Although it’s the law, many companies still fail to send adverse action notices, subjecting them to potential lawsuits. Employers must abide by the guidelines set forth by the Fair Credit Reporting Act (FCRA) which requires the employer to provide a standalone disclosure informing the applicant that a consumer report may be obtained with written consent. The employer must also provide a copy of the pre-adverse notice, background report, and summary of rights to the applicant prior to an adverse action decision. If any adverse information appears on their background check, then a pre-adverse notice is used to inform the employee that something has returned which may or may not affect their hiring decision. This gives the employee an opportunity to file a dispute prior to receiving a final adverse action notice. An adverse action notice must be sent only if the employer denies the applicant employment based on the information from the background check.
Why is the candidate's consent required to run a background check?
According to the Fair Credit Reporting Act (FCRA) § 604 – 15 U.S.C. § 1681b, employers are required to provide applicants with a separate written disclosure, which advises that a consumer report may be obtained for employment purposes. The document must consist solely of the disclosure as a stand-alone document. Additionally, the employer also must obtain the applicant’s written consent to order the background check.
How does DISA know what jurisdictions to check?
DISA accesses a database that consists of more than 180 million criminal record files, which have been compiled from a variety of sources, including local law enforcement, statewide criminal record repositories, departments of corrections, state parole and probation records, local public records sources, etc. to identify pointer data to be verified at the source. DISA also uses data sources to compile counties where a person may have lived. The database file may uncover multiple states/jurisdictions where the applicant had no previous address history. These products serve as a pointer used to determine the jurisdictions in which an individual has lived, worked, or attended school for purposes of criminal history ordering.
What is the best background check site?
DISA is a member of the National Association of Professional Background Screeners (NAPBS) and can help ensure that your hiring practices are consistent and compliant with your industry needs. DISA provides a comprehensive line of background check services, which are fully automated and can easily be combined with a drug and alcohol testing program or other service offerings.