By giving the person the notice in advance, the person has an opportunity to review the report and explain any negative information.
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. The EEOC extends this requirement to two years for educational institutions and for state and local governments.
If the applicant or employee files a charge of discrimination, you must maintain the records until the case is concluded. However, the law requires that you dispose of the reports — and any information gathered from them — securely. For more information, see Disposing of Consumer Report Information?
How it works
Rule Tells How. To find out more about federal antidiscrimination laws, visit www. The EEOC investigates, conciliates, and mediates charges of employment discrimination, and also files lawsuits in the public interest. For specific information on:. Part To find out more about federal laws relating to background reports, visit www.
For specific information on employment background reports, see:. The FTC works to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to businesses to help them comply with the law. You are here. View PDF A joint publication of the Equal Employment Opportunity Commission and the Federal Trade Commission When making personnel decisions — including hiring, retention, promotion, and reassignment — employers sometimes want to consider the backgrounds of applicants and employees.
Background Check Form - Small Business Free Forms
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. This can be part of the document you use to notify the person that you will get the report. Posted by Ryan Howard on Thu, May 04, Background checks are becoming more common, not only for creditors and landlords, but for employers and people looking for roommates or babysitters.
A background check can eliminate people who do not meet your set criteria. Perhaps you are an employer who requires your employees to use a company car. Obtaining a driving record is a critical piece in the employment process. By utilizing background checks, you are able to feel more confident that you are bringing a person into a situation that will work for everyone involved.
Consent to Background Check
A background check will vary based on the reason the screening is needed. Employers aren't the only ones who utilize background checks.
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A landlord, creditor and insurers also routinely look at various aspects of background checks. An employer will often want to check:. Prior to running a check, you need to provide the proper disclosure and obtain authorization.
An employer, landlord or creditor must let the applicant know the background checks will be used in the decision-making process and provide the applicant with a copy of their Summary of Rights under the FCRA. Have the applicant sign and date the authorization form. Keep the written authorization form within the applicant's file. This will ensure you have proper documentation showing you have authorization should the need arise later.
Do not destroy this document. You may black out sensitive information such as the social security number if needed. After receiving the results from background check, review it to see if the applicant meets your requirements.
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In addition to allowing the applicant the opportunity to view the results, all employers, landlords, creditors, and insurers must give a copy of the document " A Summary of Your Rights Under the Fair Credit Reporting Act " before they are allowed to take any adverse actions against the applicant.