When running background checks, how do I stay compliant?
It’s important to have a clear and concise written policy, which remains consistent for all candidates who apply. Background checks must remain compliant with the regulations set forth by the Fair Credit Reporting Act (FCRA) and in addition, must also comply with state laws as they vary by state. Before running a background check, the candidate must be notified and give written consent for the employer to proceed with the check. Not all background checks are the same and depending on the industry can vary on what is required. Standard background checks often include criminal history checks, employment and education verification, SSN validity, etc. Some positions require more, such as DOT testing history, state driving records, credit reports, sex offender searches, etc. Once a candidate is hired, employers are required to fulfill an I-9 and E-Verify, which verifies the identity and eligibility to work for all new employees. By following these steps you can help ensure your background process is as safe and effective as possible.
How do I dispute SafetyNet Criminal jurisdiction search results?
If the background check was with DISA, you can dispute it from our Applicant Assistance page.
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.
What is SafetyNet Criminal Jurisdiction?
The SafetyNet product is DISA's NatCrim product. It generates information from hundreds of different data sources to provide an applicant's address history, name variations, and aliases. The information comes from three general categories: credit bureau header data, commercially available sources like utilities and phone companies, and public sources such as property records, licenses, etc. This information is utilized by DISA as a pointer file to ensure the necessary jurisdictions and aliases are searched for records pertaining to an applicant. This information is utilized internally and our clients do not view the data returned per FCRA regulations.