TIPS FOR COMPLIANT CONSENT AND DISCLOSURE

As a Human Resource Professional, your hiring game has to be strong.  A portion of a strong hiring game is to follow the strict guidelines and regulations set forth by the Fair Credit Reporting Act (FCRA) and to ensure that all consents and disclosures are up-to-date, legal and within the realm of what the EEOC defines as compliant.

Here are a few tips to add to your background screening checklist:

• Collect a written consent from the candidate.
• Do not use release language that is legally not permissible.
• Do not combine disclosures and authorization within your application or combine other disclosures and notices that are non-related.
• Maintain a copy of disclosure/authorization required by state and federal regulation.
• Have Screening Agency (CRA) listed, with their address and toll-free number on the disclosure.  This allows applicants to contact them for disputes and/or copy of report.
• Provide proper disclosures.
• Provide written notices to applicants.

If you have not updated your consent and disclosure in over one year, stop what you are doing right now and have your company legal council advise.

If you have questions or concerns regarding screening compliance and would like “suggestions” from MBI Worldwide, please contact MBI Worldwide Compliance Department.