HomeLegislation is being passed in more and more states that reinforce or give the FCRA more authority, such that every company must make sure the background screening vendor it decides to work with understands all of the state laws.
The FCRA doesn't just limit usage of credit reports. In spite of the somewhat deceptive title, the "Fair Credit Reporting Act" actually covers any information provided by a Consumer Reporting Agency (CRA) related to job screening.
"We can just tell him the position has been filled, and he'll never even know he was screened out."
"I know this applicant's parents -- we don't need to screen her."
"Felony conviction -- case closed."
The preceding statements (and others like them) may be heard a lot, but they can also be considered a violation of the act. As a result, you may be fined by the FTC and/or the state -- something that is happening more and more.
Maybe another look at these assertions is in order...
It is a requirement that the applicant's signed consent be acquired "on a form for the purpose" prior to any screening work; and if it is decided that the applicant should not be hired due to information found on a CRA report, FCRA Adverse Action guidelines should be closely followed.
Screening only select applicants for a job opening is not allowed; you can either screen none of them or all of them. It is not hard for the authorities to check and verify this if your screening process is questioned.
The FCRA stipulates that an individual cannot be refused a job simply for having a conviction of any kind. There must be something about the conviction that specifically makes it material to the job itself. For example, one may have been guilty of a youthful indiscretion of, say, vandalizing federal property, but that should have no bearing on an application for disc jockey or French teacher.
It should now be apparent that it is essential one's screening provider not only follow the above basic requirements of the FCRA, but that they stay on top of the ever-changing state laws and complexities, so that you can be assured that you remain compliant at all times. Your screening provider should also keep you apprised and render assistance whenever needed.
About the Author:
Donald J. Dymer, MBA, is a former Inspector with London's Scotland Yard and licensed Private Investigator. He is the founder of SingleSource Services and has given expert witness testimony in negligent hiring cases.
Start working with an informed and responsive vendor for your background screening, employment verification, and other HR outsourcing needs. Call toll-free 800-713-3412 or visit today at http://www.singlesourceservices.com/
