CURRENT LEGAL UPDATES AND CONCERNS IN THE BACKGROUND SCREENING INDUSTRY

Current legal updates and woes of employee background checks.

This week is our annual  “background screeners” national conference in Austin, TX.  We, as an industry, get together to both discuss and review current issues and future trends as pertaining to “employee background checks”.   MBI Worldwide is not only a Founding Member of The National Association of Professional Background Screeners (NAPBS), but very active in this organization.

I decided to put together a small list of main trend concerns for our blog readers.  If you are a client of MBI Worldwide, this is not the first time you will hear me discussing several of these topics.  Since these issues are not going away anytime soon, here is a quick review.

• Disclosures and Authorization.
  Make sure you provide the correct disclosures. Use the proper authorizations and make sure the language is acceptable.  Do not try to combine this with any of your other statements or releases.  We provide samples, for your review, but set aside some time to review these forms with your company’s FCRA/HR attorney.
• Adverse Action.
  If you plan to use a consumer report adversely against an applicant, give your applicant notice, and follow the FCRA, it’s the law.  Again, MBI Worldwide does provide samples for your review.
• Ban the Box.
  This “Ban The Box” Movement will continue throughout the US.  Expect more states to continue to remove the question “Have you ever been convicted?” or similar versions from employment applications.  There are even discussions of a Federal Ban the Box.
• Communication
  Do not be apprehensive to call your Background Screening partner (us) with questions.  There are never any questions too small.  A simple question to us can save your time and money (IE: attorney/law suit).

In short, background checks continue to be scrutinized, so please use them responsibly.  Know the FCRA both state and federal laws, review the EEOC Guidance, and follow accordingly!

Written by J. Chullen