FCRA lawsuits are on the rise. No industry is safe from the fines the FCRA slaps on them for any violations. Thankfully, the FCRA states pretty clearly what employers must abide by. Now would be a good time to make sure your FCRA policies are compliant. Here are some steps to take:

  1. Disclosure: A disclosure form stating an employer will be doing a background check on the applicant must be provided prior to the background check. Courts have not ruled in favor of employers who have included this disclosure in job applications. A stand-alone disclosure form must be given to the applicant.
  2. Authorization Form: This form allows the employer to conduct the background check. A valid signature on this form prior to the background check process is mandatory.
  3. Pre-adverse action: If anything negative is revealed during a background check that will affect an applicant’s ability to get the job, you must follow a certain procedure. You must provide the applicant with a copy of their report, allow the applicant to dispute their report and provide the applicant with the required “Summary of Rights”.
  4. Dispute: You must allow the applicant reasonable time to dispute information. The FCRA does not give specifics to an exact time frame, but generally 5 business days is acceptable.
  5. Adverse Action: Applicants must be provided with an adverse action letter, a summary of their rights, a completed report and your CRA’s contact information.

Taking these steps can help protect your business and the rights of your applicants. Working with a screening company helps take away the stress of having to keep up with the frequent changes in the FCRA’s policy. Background Check Central keeps up-to-date on these changes to help you.