Due to frequent changes to the legislation that governs the background check and pre-employment screening it is important that you do not set your policies and forget about them.
” Checking an applicant’s references and background is a crucial step in the hiring process. To do this it is, of course, first necessary to comply with the Fair Credit Reporting Act (FCRA). The FCRA imposes a number of requirements for employers who are investigating applicants for employment through the use of a consumer credit report, a criminal record check or reference checks. The employer must advise an applicant in writing that a background check will be conducted, obtain the applicant’s written authorization to obtain the records, and notify the applicant if a decision not to hire is based on what the check discloses.
A class action lawsuit filed July 20 is yet another indication that employers must proceed with caution in relying on criminal record checks. This case has been filed against First Transit Inc., one of the largest bus companies in the nation. The plaintiff has brought the case on behalf of a nationwide class of blacks and Hispanics whom she alleges the company refused to hire or terminated because of their actual or presumed criminal record, regardless of the nature or age of the offense, or the offense’s relation to the job.”
Bill Clifton
September 15, 2010
No matter the size of your company you can not afford to find yourself facing a similar situation. Here at ASG we have investigators whose sole responsibility is to stay abreast of the governing case law to allow us to provide the best possible product to our clients.