The FCRA (Fair Credit Reporting Act) dictates parts of the candidate screening process process to protect candidates from privacy breaches and discrimination.
Employers must adequately complete their due diligence to avoid negligent hiring claims. This article on candidate screening process will discuss what the FCRA mandates when doing a background check (ie give the candidate written disclosure, getting consent, giving candidate info about the background checking company, giving candidate a copy of the report if they request it, notify candidate of adverse action if there is any), noting there are differences between states.
To read more on the FCRA please visit https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-credit-reporting-act
Employee candidate screening is your responsibility. Here are two important things to think about:
Are there one or two states that have laws on top of the FCRA around the process of a background check?
California follows the FCRA but has additional restrictions: can’t use criminal convictions older than 7 years, can’t do a background check on someone without additional consent (ie you can’t do another check without additional consent)
NYC – you can’t report anything older than 7 years unless they make more than $25,000/yr (everyone makes more than that). The conviction needs to mirror their job description ie DWI can be used for drivers.
What is missing from the FCRA legislation? Any extraneous sections you need to be aware of?
Experts wish there were more stringent rules on data protection, because lots of companies push (sell) data regardless of its accuracy. There are provisions that say it must be accurate but if it’s not accurate then the sellers must just say that. Employee candidate screening is a very hard landscape for safely navigate to avoid costly negligent hires. It can cost you dearly.
HR Managers and employers should seriously consider to hire a professional firm like AIS to mitigate negligent hiring.