Answer

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.

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.

Background Check related

What does background check mean?

For many employers, a background screen is usually conducted as a simple pre-employment process, but depending on the industry and position they can become quite complex and vary. This gives an employer a closer look into an individual’s background to help verify if they are suitable for the job position. DISA offers a variety of products that can be combined to create a custom program that helps you maintain compliance and meet industry standards.

Background checks often include a criminal history search at a minimum. However, depending upon the nature of the job, for persons in more sensitive, high-level positions or those dealing with vulnerable populations, it may also include investigation of credit reports, sanctions checks, sex offender checks, and/or driving history. Background checks also may include verification of previous employment, education, professional licenses, and personal or professional references.