Answer

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.

DISA’s Client Services department team can answer most questions you may have. Please call them at 281-673-2450. In addition, your contractor employer should be able to provide information about specific owner requirements.

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.

A growing trend with the employment screening industry is the use of commercially compiled databases, also known as instant background checks or “national criminal database searches.” These types of checks are quicker and cheaper but lack accuracy and credibility and put employers at a greater risk of fines and lawsuits from the Fair Credit Reporting Act (FCRA).