Employment Screening Laws And Regulations


Employment Screening Background Check Laws And Regulations And the Government Entities that oversee and Enforce Employment Background Check Laws

In addition to the FCRA, there are numerous federal statutes concerning employment and pre-employment.

Updated 05/2020

ADA – Americans with Disabilities

DPPA – Drivers Privacy Protection Act  http://www.accessreports.com/statutes/DPPA1.htm

Equal Pay Act of 1963. www.eeoc.gov/policy/epa.html.

ADEA — Age Discrimination in Employment Act of   www.eeoc.gov/policy/adea.html.

Title VII of the Civil Rights Act of 1964 (Title VII)   www.eeoc.gov/laws/statutes/titlevii.cfm  In addition, in April 2012 the EEOC issued a document called Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.  http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm

Ban The Box information: Click Here

One trap employers should be careful of is failing to have an online employment screening release form that is separate from the rest of the application.

It must be completely separate and have no “distracting” language included.

Liability For Violations Of The FCRA

Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution.

FCRA/FACTA – Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA/FACTA) is the primary federal law governing background checks in the United States.

Under Title VII

Office Of Legal Counsel Testimony On Arrests And Convictions

Consumer Financial Protection Bureau (CFPB)
CFPB: PART 1022—FAIR CREDIT REPORTING (REGULATION V) Correction (for corrected sample forms)

FTC: FCRA/FACTA – Fair Credit Reporting Act Information
http://www.ftc.gov/os/statutes/fcrajump.shtm: Using Consumer Reports (What Employers Need to Know)


40 Years of Experience with the Fair Credit Reporting Act: An FTC Staff Report with Summary of Interpretations (July, 2011)

EEOC Guidance On Use Of Criminal Records

The U.S. EEOC (Equal Employment Opportunity Commission) is responsible for enforcing Title VII of the Civil Rights Act of 1964. An employer is covered under Title VII if it has at least 15 employees.

EEOC Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964

Liability Protection

Under the FCRA, an applicant/employee cannot bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against an agency, its customers, or any person who furnishes information to the agency if they are in compliance with the FCRA (except as to false information furnished with malice or willful intent to injure).

Questions and Answers About the EEOC’s Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions


Our Automated Employment Screening provides an applicant controlled process that allows
FCRA compliant background check forms, including Electronic Chain-Of-custody  forms 
and  releases to be completed online by the applicant.

We provide several short   videos    to  easily acquaint you with the system.

This really does make the background check process fast and easy.

Please   Click   or call for more information.

Call Us now at    800-459-3034  and begin ordering instant driving records and background checks within minutes or:


A price list will be promptly e-mailed to you.


None of the information contained in this web site should be construed as legal advice.
All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.

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