HOW SHOULD A LEGALLY CORRECT BACKGROUND CHECK REPORT BE
Employers are highly interested in going for the background check for employment. They feel it the safest way of hiring for their company. However, the background screening process is essential to be conducted according to the FCRA norms. Given below are certain aspects that every employer must follow to abide by the FCRA rules.
First of all, FCRA wants the employers to provide a disclosure in a very clear fashion in writing to the applicant. As per the FCRA term, it should be “clear and conspicuous” and must be in written form. Basically, the disclosure should be clearly mentioning that the consumer report or the background report is for employment purpose only.
At the same time, the disclosure is essential to name the concerned of the employment screening services providing company, its address, and phone number. The employer also should clearly mention about the characteristic and purpose of the background check reports. In concurrence, there should be clear mention that the report fulfills all requirements that are set by the law.
How should be the Report?
According to FCRA, the employment background check report disclosure should be explicit. In other words, it should not be attached with any other employment application.Neither should it be tied to any other form of the document. An employment background check report should strictly include the aspects those are in relation to employment.Hence, as per FCRA, there should be no unwanted information in the report. In general, the most unwanted aspect that the employers have the report is regarding the liability. It is here clearly to be mentioned that such extraneous aspects are against the FCRA norms, legal actions can be taken based on which if complaints are made.
Well, following FCRA for employment background investigation is indeed the most important from an employer point of view. At the same time, some states have their additional disclosure needs for background checks, which is also essential to be followed.On this context, it is highly recommended for the employers to check through the legal attorney of the concerned state for employment purpose, to make sure that they follow the
state disclosures properly. Moreover, the employers have to get the authentication in written form or through emails as well from an applicant prior having a background check report.
While Taking Decision:
An employer obviously has the right to take adverse action based n the entire background check report or a part of it. But, before that, it must provide the applicant with a copy of “A Summary of Your Rights under the Fair Credit Reporting Act” along with a background check report copy. At the same time, the employer has to provide around three to five days of time to an applicant to find out if any kind of errors mentioned in the report.
FCRA has no mention about the amount of time that should be given though. But in general, three to five days of time is considered acceptable. Post taking action, the employer should provide the detail about the company that prepared the background check report, along with the statement that the service provider (that prepared the background check report) didn’t make a decision regarding such action.