What are my legal responsibilities when conducting applicant screening?
TruDiligence Knowledgebase – Background Check Services
Before running a check on any applicant, clients responsible for accessing and using pre-employment screening information should be thoroughly versed on their responsibilities in accordance with the Fair Credit Reporting Act (FCRA). This may seem complex, but keep in mind that the main reason to conduct pre-employment screening is to avoid detrimental litigation. If you conduct background checks and use the information in a manner that is inconsistent with the FCRA, you could easily end up on the wrong side of the law. This could cost your organization valuable time and money. Here is a quick overview of your responsibilities. Take the time to consult with your company attorney, as industry or federal regulations may apply to your specific line of business.
Be sure to have a signed release from your applicant prior to submitting a request.
If your applicant is denied employment based on the results of the background check, the procedures outlined for FCRA compliance must be followed.
If an applicant contests information revealed during the screening process, the procedures outlined for FCRA compliance must be followed.
Remember, this is just a quick overview of the basic requirements. For your convenience, you can access a copy of the Fair Credit Reporting Act through the TruDiligence compliance page. If you have any questions about these regulations, it is imperative that you schedule a phone conference with TruDiligence, and we will gladly provide education and support.
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