Are you practicing safe and compliant employee background screening?
Kandi Chapman, President and Founder of MBI Worldwide, has compiled a quick and simple Checklist to help keep you and your organization protected in your background screening practices.
⇒ I HAVE APPLICANTS SIGN TWO SEPARATE DOCUMENTS; ONE AUTHORIZATION FORM AND ONE DISCLOSURE FORM.
⇒ I KNOW WHAT VERBIAGE IS LEGALLY AND NOT LEGALLY PERMISSIBLE TO USE ON MY RELEASE FORMS.
⇒ I HAVE REMOVED THE LIABILITY WAIVER (IE: INDEMNITY CLAUSE) FROM MY EMPLOYMENT BACKGROUND CHECK FORMS BECAUSE THE COURT FINDS THIS A “WILLFUL FCRA VIOLATION”.
⇒ THE (CRA) BACKGROUND SCREENING AGENCY’S NAME, ADDRESS AND TOLL-FREE NUMBER ARE CLEARLY PRINTED ON MY DISCLOSURE FORM.
⇒ I APPLY BAN THE BOX TO MY APPLICATION FORM(S) IN CITIES/STATES WHERE APPLICABLE. IE: I HAVE REMOVED “HAVE YOU EVER BEEN CONVICTED” (OR ANY FORM OF THIS VERBIAGE) FROM THE EMPLOYMENT APPLICATION.
⇒ I AM USING AN EMPLOYMENT BACKGROUND SCREENING VENDOR THAT HOLDS ACCREDITATION THROUGH THE NATIONAL ASSOCIATION OF PROFESSIONAL BACKGROUND SCREENER’S.
⇒ I APPLY BOTH PRE-ADVERSE ACTION AND ADVERSE ACTION WHEN USING A CONSUMER REPORT, WHEN NECESSARY AND AS REQUIRED BY FCRA REGULATIONS.
⇒ I SCREEN APPLICANTS WITHIN INDUSTRY SPECIFIC REGULATIONS. IE: LONG TERM CARE FACILITY, EDUCATIONAL INSTITUTES, FINANCIAL INSTITUTES, ETC.
⇒ I MAINTAIN A COPY OF AUTHORIZATION AND DISCLOSURE AS REQUIRED BY STATE AND FEDERAL REGULATION.
⇒ I HAVE ABSOLUTELY NO BLANKET SCREENING POLICIES SUCH AS “FELONS NEED NOT APPLY”.
⇒ I EVALUATE CRIMINAL RECORDS IN ACCORDANCE WITH THE EEOC’S ENFORCEMENT GUIDANCE, FOR THE USE OF ARREST AND CONVICTION RECORDS. (IE: I LOOK AT THE NATURE & GRAVITY OF OFFENSE, THE TIME PASSED SINCE THE OFFENSE AND IF THIS OFFENSE RELATES TO THE JOB).
⇒ I MAINTAIN A COPY OF AUTHORIZATION AND DISCLOSURE AS REQUIRED BY STATE AND FEDERAL REGULATION.
⇒ I ALLOW APPLICANTS THE TIME ALLOTTED BY THE FCRA TO DISPUTE INFORMATION REPORTED ON THEIR BACKGROUND CHECK, BEFORE MAKING A FINAL DECISION.
⇒ I MEET WITH MY EMPLOYEE BACKGROUND SCREENING VENDOR BI-ANNUALLY, TO DISCUSS NEWLY PASSED BACKGROUND CHECK LEGISLATION AND NATIONAL COMPLIANCE UPDATES.
About MBI Worldwide
MBI Worldwide is an accredited and SOC 2 certified consumer reporting agency offering compliant employment background screening services, high-touch customer service, report accuracy and protection of Applicant Rights. MBI Worldwide is a founding member of the National Association of Professional Background Screeners (NAPBS®) and is one of only one hundred consumer reporting agencies accredited by the Association’s rigorous onsite audit of policies and procedures across six critical areas: legal compliance, consumer protection, client education, product standards, service standards, and general business practices.
For more information about MBI Worldwide or to schedule a complimentary software and ordering demonstration, visit the company’s website at www.mbiworldwide.com or by calling the company directly at 866.275-4624.
DISCLAIMER – MIDWEST BACKGROUNDS, INC. DBA MBI WORLDWIDE CANNOT AND DOES NOT PROVIDE LEGAL ADVICE OR COUNSEL. Although MBI strives to support you with alerts and resources regarding critical compliance matters, please understand that MBI Worldwide CANNOT provide legal advice regarding forms, contracts or compliance topics. Nothing in this statement or any other communications with MBI Worldwide should be construed as legal advice. If you have legal questions, please consult with legal counsel, who can best advise you on the legalities of obtaining and using consumer reports. This suggested checklist was updated 2/01/2018.