CIC provides Employment Screening solutions, including background checks tailored to your employment needs. Our goal is to provide innovative ways to conduct background checks to help streamline hiring processes and keep them in compliance with employment law.
Here are some key points about using background checks and employment applications in the workplace. Following these guidelines will help ensure that you maintain a compliant hiring process.
Background Checks: The Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) requires that background check Disclosures and Authorizations should be provided by an employer as standalone forms. That is, the Employer's Disclosures that a background check may be run for employment purposes and the Applicant’s Authorization to run a background check should not be contained within the employment application packet. This is itemized in the FCRA under Section 604(b)(2)(A)(i).
The federal courts reserve the right to punish non-compliant parties under Section 619 of the FCRA ("Obtaining information under false pretenses"). To stay in compliance, CIC provides sample Disclosure documents and Authorization forms for employment background checks.
Background Checks: Personally Identifiable Information
Personally Identifiable Information (PII) is helpful in running accurate and quick background checks. Information such as Social Security Number (SSN) and Date of Birth (DOB) should be included with the Background Check Authorization form. However, PII is not necessary for employment decision-making and should be omitted from the employment application.
Having PII such as DOB on an employment application leaves the door open for claims such as age discrimination in the hiring process. CIC’s Applicant Invite interface will provide a compliant experience and eliminate much of the paperwork and data entry involved in the hiring process.
Employment Applications: "Ban the Box"
"Ban the Box" started as a grassroots movement pertaining to the checkbox that an employer often included on an employment application asking applicants whether they have prior criminal records. It has since expanded, and states and municipalities have added other requirements that employers must follow. Check to see if your local jurisdiction has implemented a "Ban the Box" ordinance and make sure you are following its requirements.
Local jurisdictions reserve the right to levy fines and other punishments if an employer is not in compliance with their "Ban the Box" ordinances. CIC will work with you to ensure that the application process and background checks are conducted in accordance with your state or municipality’s requirements.
Employment Law: Protecting Employers and Applicants
Legal counsel can help you with creating and updating your employment documents. This includes statements about "at will" employment, truthfulness, and accuracy in completing the documents included in the pre-employment packet.
Such statements provide clarity to job applicants while also protecting employers from issues such as resume fraud. CIC will coordinate with your labor attorney to help you stay in compliance with the FCRA and other laws and standards that govern employment and background checks.
Compliant Background Checks
If you have any questions or concerns about background checks, customized searches, or employment documents, please contact a CIC screening specialist at 419.874.2201 or schedule a demo of our employment screening system.
For more information about this article, or general Employment Screening Services, please contact us at 1.800.573.2201 / 419.874.2201.
