Are Your Background Checks Putting Your Company At Risk?

Keeping up to date with today’s changing business climate is essential to maintaining a productive and competitive business. Likewise, understanding employment laws and regulations is imperative to keeping your company from violating regulatory rules and from being exposed to costly litigation.

Know the Law

General FCRA/Title VII Requirements for Criminal Checks state

  • Provide all appropriate background check disclosures and obtain authorization for a background check
  • If considering taking adverse action based on the targeted screen, send pre-adverse action letter with all required attachments
  • Allow opportunity for the potential employee to dispute
  • If decision is made to take adverse action after an individualized assessment, send adverse action letter
  • Background checks should be conducted uniformly. While the law allows an employer to conduct background checks on its employees, it is illegal to conduct a background check when the decision to do so is premised on race, national origin, color, sex, religion, disability, genetic information( including family medical history), or age. Thus, the best practice to avoid an accusation of discrimination is to perform these background checks on every employee

Disposal of Employee Records

  • Any records made or kept must be preserved for either one year from when the record was made or one year after a personnel action is taken- whichever comes later. After that, records may be disposed but an employer must take care to do so securely. The EEOC and FTC suggest methods of disposal such as burning, pulverizing, or shredding paper documents and disposing of electronically stored information so that it cant be read or reconstructed.


How Express Employment Professionals of Winston-Salem ensure compliance – Your burden, our Business

At Express Employment Professionals, they take compliance with the EEOC and FCRA very seriously. To ensure compliance they adhere to national standards regarding background checks, including:

  • Obtain written authorization from the potential employee before requesting consumer report
  • Give a written notice, a copy of the consumer report, a copy of their “Rights Under the Fair Credit Reporting Act” and any applicable state law notices to the potential employee before considering any adverse employment decision
  • Provide an adequate opportunity for the potential employee to dispute or correct any inaccurate information and conduct an individualized assessment
  • Provide a second written notice to the potential employee if an adverse employment actions taken

For more information or additional legal guidance please contact Bennett Guthrie Latham, PLLC (336) 765-3121. You can also visit them at https://www.bennett-guthrie.com/.

For any recruiting and hiring questions, you can get in touch with Express Employment Professionals of Winston Salem by calling Matt Bocan and his team at (336) 306-8525

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