The employment background screening process is fraught with legal landmines and noncompliance suits are on the rise. The FCRA disclosure and authorization process and adverse action process are the two most prevalent areas where employers make costly mistakes, yet compliance with these requirements is relatively simple when modern screening solutions are implemented. Learn how the latest background screening technology can help ensure FCRA compliance and improve a busy staffing team’s efficiency while background screening its applicants.
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5 Key Takeaways
Staffing firms are vulnerable to lawsuits: Given the large number of candidate and candidate-seeking activity that happens in a staffing firm, they’re a large target for background screening lawsuits. There are many laws around background checks, and non-compliance violations can mean large payouts via lawsuit, as they can get paid per individual violation. And, if one violation is found, this violation likely occurred with a large number of candidates, increasing the lawsuit payout and causing other firms to “jump on the bandwagon” and file their own lawsuit because they know that violation likely exists for others.
Review your consent processes: Reviewing your disclosure and authorization documentation is the first step in protecting yourself from lawsuits, as this is the #1 area of noncompliance. Why? The Fair Credit Reporting Act (FCRA) requires a standalone disclosure as well as “A summary of your rights” statement, along with any state-specific disclosures. Too often companies overlook the specifics and/or are not using an up-to-date disclosure.
Confirm compliance with FCRA: Not only is it crucial for you to confirm your compliance before taking adverse action, but it’s also important to do it post-adverse action as well. These confirmations are of critical importance to avoid lawsuits, and all too often one side or the other of the equation is overlooked.
Review service offerings with providers: If you’re not up to date on all of the regulatory compliance activities that accompany a background check, it’s worth working with a service provider who does. Just make sure that your provider performs regular updates of their process and stays up to date with the laws and regulations surrounding background checks.
Communicate the whole way through: Some of the most important aspects of compliance with background checks relates to communicating clearly with the candidate you’re screening. If using a provider like CrimCheck, all of this communication comes baked into the screening process, allowing you to rest assured that all aspects are compliant and recording, helping to protect your company from any potential lawsuits.
“FCRA violations are really a black and white issue – they’re just little technical errors that occur and they’re easily avoidable.”
Attention to detail is key to remaining compliant and avoiding costly lawsuits.