FTC If you get background information for example, a credit or criminal background report from a company in the business of compiling background information , there are additional procedures the FCRA requires beforehand: Tell the applicant or employee you might use the information for decisions about his or her employment. This notice must be in writing and in a stand-alone format. The notice can't be in an employment application. You can include some minor additional information in the notice like a brief description of the nature of consumer reports , but only if it doesn't confuse or detract from the notice.
If you are asking a company to provide an "investigative report" - a report based on personal interviews concerning a person's character, general reputation, personal characteristics, and lifestyle - you must also tell the applicant or employee of his or her right to a description of the nature and scope of the investigation. Get the applicant's or employee's written permission to do the background check. This can be part of the document you use to notify the person that you will get the report.
If you want the authorization to allow you to get background reports throughout the person's employment, make sure you say so clearly and conspicuously. Certify to the company from which you are getting the report that you: notified the applicant and got their permission to get a background report; complied with all of the FCRA requirements; and won't discriminate against the applicant or employee, or otherwise misuse the information in violation of federal or state equal opportunity laws or regulations.
Using Background Information EEOC Any background information you receive from any source must not be used to discriminate in violation of federal law. This means that you should: Apply the same standards to everyone, regardless of their race, national origin, color, sex, religion, disability, genetic information including family medical history , or age 40 or older.
Is Your Screening Policy Compliant with Background Check Regulations?
For example, if you don't reject applicants of one ethnicity with certain financial histories or criminal records, you can't reject applicants of other ethnicities because they have the same or similar financial histories or criminal records. Take special care when basing employment decisions on background problems that may be more common among people of a certain race, color, national origin, sex, or religion; among people who have a disability; or among people age 40 or older.
For example, employers should not use a policy or practice that excludes people with certain criminal records if the policy or practice significantly disadvantages individuals of a particular race, national origin, or another protected characteristic, and does not accurately predict who will be a responsible, reliable, or safe employee. In legal terms, the policy or practice has a "disparate impact" and is not "job related and consistent with business necessity.
For example, if you are inclined not to hire a person because of a problem caused by a disability, you should allow the person to demonstrate his or her ability to do the job - despite the negative background information - unless doing so would cause significant financial or operational difficulty. FTC When taking an adverse action for example, not hiring an applicant or firing an employee based on background information obtained through a company in the business of compiling background information, the FCRA has additional requirements: Before you take an adverse employment action, you must give the applicant or employee: a notice that includes a copy of the consumer report you relied on to make your decision; and a copy of "A Summary of Your Rights Under the Fair Credit Reporting Act," which you should have received from the company that sold you the report.
After you take an adverse employment action, you must tell the applicant or employee orally, in writing, or electronically : that he or she was rejected because of information in the report; the name, address, and phone number of the company that sold the report; that the company selling the report didn't make the hiring decision, and can't give specific reasons for it; and that he or she has a right to dispute the accuracy or completeness of the report, and to get an additional free report from the reporting company within 60 days.
Disposing of Background Information EEOC Any personnel or employment records you make or keep including all application forms, regardless of whether the applicant was hired, and other records related to hiring must be preserved for one year after the records were made, or after a personnel action was taken, whichever comes later. A parent or legal guardian possesses full legal authority over the minor, with respect to any legally binding decision.
Employment background check guide for job applicants
Therefore, when running a criminal background check on a minor, an employer must obtain parental consent to authorize the background check. Employers may wish to seek counsel to draft a consent form applicable to minors.
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If a minor cannot provide consent from a parent or legal guardian, we recommend for employers to consult their counsel for an alternative practice. Most states and countries outside the U.
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For example, California and Massachusetts have laws that prohibit employers from inquiring about any juvenile records for employment purposes. See California Labor Code, Section It is worth noting that majority of states seal juvenile criminal records unless the minor was criminally convicted as an adult.
Additionally, employers cannot access credit information for minor because most individuals under the age of 18 cannot obtain credit. Employers may also obtain any personal reference checks, if available. We cannot express enough how much we have enjoyed working with BIG!
Background Checks on Minor Individuals
It has really benefitted our processing and ease of doing business! You have been the most professional and most helpful business partner that I have ever been associated with — always there to assist us and with rapid turnaround times. I am confident whenever we add a product with your company that I will have a good experience.
We have received superior service and we know this is what you and your team strive for. We are grateful for the dedication, level of professionalism and effort shown. Ok, Continue Cancel. This article has multiple issues.
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How do background check reporting requirements vary by state?
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