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FCRA and State Law Review

Posted in News Articles on 11/08/2007

Is your company’s employment screening program Fair Credit Reporting Act and/or state law compliant?

Are you obtaining permission to conduct a background check from each applicant/employee you decide to screen? Applicant/employee authorization is required for every person you screen prior to the screening process.

Are you using our 50 state compliant release authorization? If so, it helps your company to be FCRA compliant, and it also covers the state laws relating to the FCRA.  Due to the language in this release, most states allow you to use it to re-screen your employees as necessary during their employment with your company; however, if you have applicants from California or New Hampshire, a new release is required each time you decide to re-screen them during their employment.  Click here for the BackTrack Release Authorization.

Are criminal records being used correctly by your company? Most states allow employment to be denied if the crime specifically relates to the position; however, companies cannot unilaterally deny employment based on a criminal record.  Several states also have rules regarding how far back criminal records may be reported and/or used.  Click here for a listing of those states and their rules.

Are you following the adverse action procedures for each applicant/employee you choose not to hire or promote after you receive the background screen?  The adverse action procedures are required and were designed to help protect consumers from identity theft or incorrect information being reported about them.  Click here for a guide to the adverse action procedures.

For questions regarding these issues, contact our office at 800-991-9694.