When it comes to background checks, compliance is the word that has everyone burying their head in the sand. Rest assured—just because you’ve ignored it, doesn’t mean it will go away.
Let me give you a quick primer on the c-word, and let you know that Cutting Edge Background has ways to make it easy and pretty painless.
In the beginning:
Background screening compliance requirements for employers, from a background screeners perspective (soup to nuts):
Before processing the background check, be sure you are using FCRA-compliant:
- Authorization forms
- FCRA Disclosure form
- Your Rights Under the FCRA
Certain states (Minnesota, Oklahoma, California for example) require that you ask if applicants want a copy of their background when they complete the Authorization/Disclosure paperwork. Be sure they receive it, or use Cutting Edge and we will be sure that happens automatically and you don’t have to think about it.
If you and your applicant are not going to live happily ever after:
Should you decide not to hire based on the report, the FCRA has certain requirements (your local jurisdictions may have specific requirements as well):
- Pre-Adverse Action Notice. This notice, along with a copy of Your Rights Under the Fair Credit Reporting Act (as amended) and a copy of the applicant’s report must be sent to them. The act does not specify how it must be sent. First class mail has always been the gold standard, although email can be a viable option. This notice tells the applicant that based on the enclosed consumer report, the employer is considering not hiring them. This process gives the applicant an opportunity to review the report for any errors or omissions before Adverse Action is taken.
- Adverse Action Notice. This is a stand-alone notice. While the FCRA does not specify when it should be sent, five (5) days is a generally accepted rule. It tells the applicant that, based on the report—of which they previously received a copy, they will not be hired/promoted/the offer will be withdrawn, etc. Again, as far as delivery we have the same first-class mail vs. email options.
The best news? Cutting Edge Background will help you handle all of this. While it is ultimately the employer’s responsibility, our online portal automates the process reducing your paperwork load from the beginning to the end.
Just ask us how—today! (612) 743-0240, or email Ann@CEBackgroundChecks.com.
