B - Backgroundcheck - Pre-employment screening in the US
Laws Due to the sensitivity of the information contained in consumer reports and certain records, there are a variety of important laws regulating the dissemination and legal use of this information
Most notably, the Fair Credit Reporting Act (FCRA) regulates the use of consumer reports (which it defines as information collected and reported by third party agencies) as it pertains to adverse decisions, notification to the consumer, and destruction and safekeeping of records. If a consumer report is used as a factor in an adverse hiring decision, the consumer must be presented with a “Pre-adverse action disclosure,” a copy of the FCRA summary of rights, and a “notification of adverse action letter.” Consumers are entitled to know the source of any information used against them including a credit reporting company.
Types of Checks
There are a variety of types of investigative searches that can be used by potential employers. Many commercial sites will offer specific searches to employers for a fee. Services like these will actually perform the checks, supply the company with adverse action letters, and ensure compliance throughout the process. It is important to be selective about which pre-employment screening agency you use. A legitimate company will be happy to explain the process to you.
Many employers choose to search the most common records such as criminal records, driving records, and education verification. Other searches such as sex offender registry, credential verification, reference checks, credit reports and Patriot Act searches are becoming increasingly common. Employers should consider the position in question when determining which types of searches to include, and should always use the same searches for every applicant being considered for one position.
Resources
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