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.
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 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.
What is the most common background check?
Pre-employment background checks are the most common. As an employer, you want to ensure a safe hire every time to protect your company’s reputation and workplace safety. Employees are often screened during the hiring process with a background check according to the company’s policy. Depending on the employer and the industry, background checks can vary greatly.