an education on background screening compliance
TRANSCRIPT
An Education on Compliance Standards
AGENDADispelling the Myths
Employer’s use of reportsProcedure Process
Other Considerations
DispellingThe
Myths
MYTH #1
The federal Fair Credit Reporting Act only applies to screening which includes credit
FALSE!
Credit worthiness
Credit standing
General reputation
Personal characteristics
Mode of living
An applicant doesn’t need to
receive a disclosure and authorize the background check if the report only
contains public informationFALSE!!
MYTH #2
An applicant must ALWAYS receive a disclosure and authorize a background investigation
The FBI criminal database is widely
available to background
screening companies
FALSE!!
MYTH #3
Background checks are returned instantly
FALSE!!
MYTH #4
Employer’s use of Consumer Reports
Prior to receiving a consumer
report
An employer must certify:
The information will be used for employment purposes only
The information will not be used in violation with any federal or state laws
Employer will obtain all necessary disclosures and consent
10 STEPS EMPLOYERS MUST TAKE
IN OBTAINING A BACKGROUND CHECK
#1: Employer Disclosure
#2: Signed Authorization
#3: Request Background
Check
#4: Background Check is
Conducted
#5: Report is Provided to the Employer..and applicant if
requested
#6: Employer Reviews Completed Background Report
#7: If Employer is Considering Adverse Action
•Notify Applicant
•Give Applicant a copy of the report
•Provide a “Summary of Rights”
#8: The applicant contacts the background
screening company to dispute any
information
#9: The background screening company would re-investigate any disputed information
#10: The Employer Makes a Decision
Key Responsibilities of the Employer
REQUIRED!
Disclosure to Applicant
REQUIRED!
Applicant’s Authorization
REQUIRED!
Adverse Action Procedures
REMEMBER!
You are not required to hold this position open while you complete this process
OTHER CONSIDERATIONS
Other considerations
IdentityTheft
EqualEmploymentOpportunity Record
Retention
Regulated Industries
Regulated Industries
TransportationHealthcareEducation
Banking
Securities
EQUAL EMPLOYMENT OPPORTUNITY
IMPARTIAL
OBJECTIVE
LEGALLY DEFENSIBLE
Consistent selection criteria and evaluation of candidates
Business Necessity
The nature and gravity of the offense
The time that has past since convictionThe nature of position held or sought
Arrest Records
InEmployment
Decisions
??????
Examine the circumstances
Let applicant explain
Make follow up inquiries
IDENTITY THEFT
Millions of AmericansFall victim
every year!
Fundamental concern when dealing with
sensitive information
The Pre-employment screening process allows the employer access personal information of a confidential nature.
Record Retention
after the applicant learned of the violation
Within 5 years of the date the action occurred.
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Finally
Pre-employment screening is an important part of a safe and successful hiring process
Thank you!
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