Chief Compliance Officer | TABB INC | Background Checks | Student Screening | FCRA | EEOC | Compliance | PBSA Accredited
Do you have a plan in place in the event an offer of employment may be denied due to information contained in a background screening report? Part 2 The Fair Credit Reporting Act (FCRA) prohibits employers from taking an adverse action against candidates based, in whole or in part, due to information contained in their background check report without first following the two-part pre-adverse action, and adverse action notification process along with federal, and in some cases, state disclosures. The employer must providing a copy of the report, and offer the opportunity to dispute the findings the candidate believes are inaccurate. The name of the background vendor, their address, and phone number must be included in the adverse action process along with a notification that the candidate has the right to dispute the background results, and the vendor must reinvestigate any disputed information. Who will review the background report, and determine if the candidate will continue the onboarding process, or will the offer of employment be rescinded based in whole, or in part on information contained in the report? Best practices suggest a panel of HR professionals to broaden the scope of opinions avoid a narrow interpretation one individual might have. When was the last time you conducted an FCRA audit of your onboarding practices to confirm FCRA compliance? As a matter of fairness to your candidates, and to avoid litigation, employers must ensure FCRA guidelines have been implemented, and practiced. To facilitate compliance, and simplify the audit process, best practices recommends creating an Adverse Action instruction manual, a checklist to manage completed tasks, and a document folder to manage process paperwork. Always seek legal advice prior to taking an adverse action
