How to Comply with Applicable Federal Laws and Regulations During background Checks

Here are some best practices for complying with applicable federal laws and regulations during background checks:

  • Include a notice on your job application that a conviction is not an automatic bar to employment.
  • Only staff directly involved in the screening process should have access to data. Confidentiality and privacy must be maintained.
  • Remember that the background check is only part of the hiring process.
  • To avoid violating federal law, do not ask about or consider arrest records (as opposed to convictions).
  • Be sure to comply with Fair Credit Reporting Act (FCRA) requirements by providing notice and obtaining worker consent, giving the applicant a copy of the background report prior to any rejection, and allowing the applicant to correct any information.
  • Comply with federal law by only considering convictions that are both job-related and recent.
  • Give the applicant a written notice of the potentially disqualifying conviction(s) and allow the applicant to provide information regarding the offense(s), including evidence of rehabilitation. Consideration should be given to the circumstances of the offense and any evidence of rehabilitation.

If you have any questions or would like to learn more, contact us.

Posted in: HRvest
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