Articles

Keys to Compliance

by Kevin Smith Author

Follow these tips to avoid legal pitfalls when running employees background checks.

The Equal Employment Opportunity Commission (EEOC) and the Fair Credit Reporting Act (FCRA) have established rules and guidelines to protect applicants from discrimination. A sound background check policy balances the need to protect candidates and employees from unfair treatment and your need to protect your business from the risk of hiring dishonest, potentially dangerous individuals. The following 5 tips will help you achieve that balance:

Treat Everyone Equally

Your policy and standards need to be applied consistently. You can’t pick and choose. For example, it would be illegal to only check criminal backgrounds on men or do driving record checks on people younger than 30. If you determine that a position in your organization requires a criminal background check, or any kind of check, then you must screen every applicant for that position equally without regard to sex, race, color, disability, age, or religion.

Practice Full Disclosure

Make full disclosure a matter of policy. You need to disclose the following:

·         That a background check is required and that employment eligibility is tied to the results

·         What information will be checked

·         How you plan to use the information

·         Whether background checks or other screenings will continue during employment.

When in doubt, disclose.

Follow Adverse Action Requirements

The FCRA has very specific requirements for procedures that need to be followed in the event that you choose to take an adverse employment action based on the screening results. These procedures include the following:

·         Notification of the adverse action

·         Time for the applicant to make corrections or review the results with you

·         Notification of your final decision

Keep Everything

Storage is part of compliance. For the most part, you need to save physical and electronic records for 2 years after you got the records or after you took action, whichever date is later. Following the requisite storage period, you need to shred, burn, or pulverize paper records and electronically “scrub” electronic records.

Choose an FCRA Compliant Partner

In order for a background check to be compliant, it must be conducted by a FCRA compliant provider. But that’s not the only way your partner helps with compliance; FCRA compliant agencies also help you avoid the many headaches involved with compliance. They help you create a fair, nondiscriminatory policy that protects your business interests. They help with the many disclosures and notifications required by law. And they provide workable storage solutions that are easy to manage.

Background check compliance is critical. Avoid the many headaches associated with compliance by working with a professional background screening service provider.

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About Kevin Smith Senior   Author

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Joined APSense since, December 7th, 2016, From Utah, United States.

Created on Apr 6th 2021 23:51. Viewed 184 times.

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