EMPLOYMENT BACKGROUND CHECKS

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.

ADA – Americans with Disabilities

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

Equal Pay Act of 1963. 

ADEA — Age Discrimination in Employment Act of   

Title VII of the Civil Rights Act of 1964 (Title VII)   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.

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 

FTC: FCRA/FACTA – Fair Credit Reporting Act Information

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