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A Comprehensive Review of Screening Compliance

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In the world of background checks, compliance is a must. It’s simply a fact of life for both Consumer Reporting Agencies (CRAs) and any organization or business that screens applicants. A nuanced topic though it may be, we’re here to help you sort through the industry-, permissible purpose-, and location-specific requirements to allow you to successfully keep your workplace secure under the letter of the law.

Below, we’ve broken down the most important factors to allow you to hone in on what’s relevant to your organization.

Rules & Regulations

When screening, compliance is a joint effort between the agency running the report and the end user of that report. The issuing agency must securely collect consumer information as defined by the Fair Credit Reporting Act (FCRA) while two federal agencies—the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB)—enforce these regulations by issuing fines and punitive damages.

Background screening companies can also become accredited by the Professional Background Screening Association’s (PBSA’s) Background Screening Agency Accreditation Program (BSAAP). In short, accredited CRAs like us are committed to excellence and delivering the highest level of standards in six critical areas through accountability and continuous improvement of policies and procedures. For more information about this designation and the process of achieving it, check out our PBSA Accreditation page.

Of course, every business is part of an industry—some of which have specific requirements regarding background checks and additional searches (credit history, social media, USDOT, etc.). Organizations in education, finance, healthcare, or transportation (to name a few) need to adhere to specific constraints regarding hiring and continued employment practices. If you have questions about the specifics of your industry, check with your legal counsel.

End User Responsibilities

When working with an accredited background check company, companies must agree to several policies as end users. These may include, but are not limited to:

  • Reports won’t be used to violate the law
  • Consent has been given by applicants
  • Reports will be used confidentially
  • You won’t sell or disclose information to a third party
  • Applicant identities are confirmed

Further, a permissible purpose must be present to run a background check. Most often this is a Written Instruction for site access or personal screening, a Legitimate Business Need like tenant screening, or for Employment such as hiring, promotion, or retention. No matter the purpose, the organization must first be credentialed before they’re allowed to order a report. Most often, this process involves verifying business information, licenses, and tax documents; it may occasionally require an on-site inspection as well.

State-Specific Legislations

Among the myriad of laws and regulations are two that have been taking the country by storm in recent years: Clean Slate and Ban the Box laws. Essentially, these are legislations passed by individual states to limit the amount of information employers can use to deny individuals employment based on criminal history. The former removes eligible offenses from an individual’s criminal record once they’ve completed their sentence and any post-sentence requirements such as parole or probation and have committed any re-offenses. The latter simply bars employers from asking about criminal history on job applications.

To learn more about these measures and if/how they affect your state, read our previous coverage on these subjects here:

Clean Slate Laws: What Employers Need to Know

Two men shaking hands following a job interview.

Ban the Box Updates: What Employers Need to Know

A man using a ballpoint pen to write while also using a laptop.

Additional Obligations

Accompanying the larger regulations at play are additional necessary forms and procedures. Each carries its own significance and it’s important not to neglect them:

Disclosure & Authorization forms ensure applicants consent to being screened. All candidates must complete this form either on paper or electronically, it must be up to date, and it must include what will and may be searched.

Adverse Action means rescinding a job offer due to the results of a background check. This is a two-step process where a letter is sent to the applicant in advance to give them time to review the accuracy and completeness of their report and a chance to dispute inaccuracies.

If a prospective hire chooses to dispute information on their report, the CRA is required to perform a re-investigation and notify the furnishers of the data in question. Both the end user and applicant will be notified of the results of said re-investigation.

In summary, compliance should always be top of mind. Your organization needs to adhere to state and industry regulations, be properly credentialed, follow agreed-upon policies and procedures, and provide candidates with the tools they need to ensure their report is accurate.

For questions related to industry-specific standards, consult your legal adviser. For additional information, check out the Society for Human Resource Management’s website or our archive of compliance coverage.

Improving Employee Retention Through Rescreening

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When HR professionals think about improving and maintaining employee performance, the sharpening of skills like time management, setting clear goals and expectations, or communication practices might come to mind. However, they may turn a blind eye to what happens outside of the workplace—which can have a larger impact than initially perceived.

This begs the question, “How do you ensure that those same standards originally screened for remain upheld?”

Standard employment screenings include information up to the moment they’re run, but what about criminal offenses that occur after that? How might employers learn about revoked licenses, suspended work authorizations, or other suspect behavior of employees?

Fortunately, consistent rescreening or continuous criminal monitoring solutions can help employers achieve just that.

Benefits of Rescreening Employees

Increased Safety & Security

Periodic rescreening can help identify individuals in your workplace that could potentially cause harm. Categories covered include drug use, theft, fraud, violence, sexually-based crimes, abuse, and more. That, in turn, helps to protect your customers, employees, and organization as a whole.

Reduction of Turnover

It’s simple: With the increase in safety and security comes a better working environment. Happier staff tend to show up, perform, and speak well about their workplace far more than their counterparts in stressful or unsafe environments.

An Unburdened HR Team

With a consistent rescreening program and a good policy, the process can essentially run itself, leaving more time for HR to focus on team members and their performance.

How It Works

Don’t worry; keeping current on your employees is easier than it sounds.

Your Choice

First, decide what data your organization would like to receive. Search parameters can include real-time county criminal records, nationwide databases, federal records, sex offender registries, professional licenses, industry-specific repositories like financial or healthcare sanctions, and more.

Next, determine which solution is a better fit for your team:

Rescreening

A process as simple as uploading a spreadsheet of applicants and checking a box, rescreening can be scheduled periodically such as monthly or annually.

Continuous Criminal Monitoring

An automated search of over 650 million records that continuously identifies new criminal activity at the beginning of each month. Results are verified by our team to ensure accuracy before the report is returned to you.

And finally…

Remember Compliance

No matter which is chosen, organizations must keep compliant with the Fair Credit Reporting Act (FCRA).

Federal and state laws still require applicants and employees to complete a disclosure and authorization form. If you plan to run background checks again during the duration of their employment, that decision must be clearly and conspicuously stated within this disclosure. If you haven’t done so upon hire, new consent is required prior to any rescreening. Additionally, should information be uncovered that results in termination, the adverse action process must be followed.

Last but not least, you’ll need to ensure that your employment policy addresses your practices as they relate to continued monitoring. Should questionable information about an employee be uncovered, this will guide you on your best course of action. The Society for Human Resource Management (SHRM) is a great resource for sample background check policies and procedures.

While most organizations try and onboard trustworthy individuals, at the end of the day, there’s no way to predict what the future holds for every member of your staff. The concept of adding a monitoring service is to stay alert to new criminal offenses or changes in sex offender registration to better inform you of the individuals within your organization.

If these services are on your radar, One Source can help. Rescreening is easy in our portal through a simple spreadsheet upload, adverse action can be initiated with one click, and we provide templates for necessary compliance forms at no extra cost.

For more information on rescreening or continuous criminal monitoring, or to get started, don’t hesitate to reach out.

How Social Media Screening Protects Employers & Staff

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We have something exciting to share: One Source has a new-and-improved, FCRA-compliant Social Media Hiring Report to offer! It examines common social media sites like Twitter/X, Facebook, and Instagram, as well as over 10,000 other online sources of information for nine different types of workplace misconduct like violence, fraud, harassment, hate speech, and more.

“That’s great,” you might think, “But why should my team incorporate it in our employment screening package?” Well, we’re here to fill you in by covering what information can be revealed and the impact employee social posts can have on a company.

Areas of Concern

These days, nearly everybody (and their dog) has a social media presence. The myriad of platforms available may have different logins, feeds, and content options that can make it difficult to get the full picture of someone’s character; but when viewed together, they can form a cohesive look at a person’s attitudes, beliefs, and online presence.

If hostile language, harassment, or bullying are found on an individual’s account or within their activity, it can be a substantial cause for concern. Should an incident happen due to a lack of oversight in vetting new hires properly, your organization may be liable for a negligent hiring lawsuit. This form of litigation can be costly, too. Reports indicate that the average settlement cashes in at almost $1.5 million, and that’s only in monetary costs. In cases such as these, and even those that don’t make it to court, it doesn’t take long for word to spread and the public to take notice. Let’s look at two examples.

The Court of Public Opinion

In January of this year (2023), TechRaptor reported that a Twitter/X user pointed out that several posts made by the community manager of Limited Run Games, a company that publishes physical copies of popular digital video games, contained targeted and hateful language. Quick to respond—on the same day the tweets were posted, no less—the company investigated the situation and proceeded to terminate the employee in question.

Another instance in May, as reported by New Delhi Television (NDTV), reveals that a now-former-employee of global professional services organization Deloitte called Adolf Hitler “charismatic,” “intellectual,” and a “massive action taker” in a LinkedIn post. Shortly after, backlash grew online until Deloitte terminated their employee as well.

These cases may seem benign, but they represent much more. Each employee had to be trained and compensated, wasting valuable time and money that could have been better spent elsewhere. In addition, the amount of revenue lost to potential customers choosing another company or service provider may not be known for years to come.

At this point, the question becomes, “How can my organization stay ahead of these issues?”

A Solution You Can Trust

The first thing to do is to have a clear policy in place regarding the use of social media. The Society for Human Resource Management (SHRM) recommends that it outline what kinds of content can be flagged, the scope of the searches being conducted, and the consequences incurred if problematic content is found.

Following that, you’ll want to include social media screenings as part of your company’s background checks for employment purposes within the hiring process. If hits are found through searches or specific buzzwords, you can receive actionable data to base hiring decisions on in one convenient document. Below is an example of one such report One Source offers:

For more information on the benefits of social media screening, read 3 Reasons Why Companies Should Utilize Social Media Checks or get in touch with us today.

The Impact of a Candidate’s Experience on Your Organization

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Three years after the COVID-19 pandemic set job markets ablaze and the “great resignation” in motion, organizations across the globe are still feeling the burn. According to CNBC, it’s still “a favorable environment for many jobseekers,” meaning companies must continue to keep their onboarding tools sharp through 2023 and beyond. After all, the effect applicants have on employers—be it positive or negative—can be felt long after your decision on them has been made.

In this blog, we’ll explore those repercussions and provide actionable steps to keep applicants engaged and your organization top of mind to job seekers.

Word Gets Out

First, according to Starred, a candidate experience analytics platform, applicants are found to often share their experiences with their inner circles—friends, family, and coworkers who may be looking for new jobs themselves. If those interactions are favorable to your organization, you may see an increase in referral candidates as word-of-mouth travels and you enjoy a boost in popularity. Inversely, you may receive fewer referrals if those interactions are poor.

Second, past immediate social circles, many are also found to share their job-hunting experiences through online review sites like Glassdoor and Indeed. These sites have the chance to draw much more attention—which can either be a blessing or a curse. If the critiques shared on those sites are found lacking, quality prospects may pass up your company in favor of others with better reviews, increasing the cost of hiring per employee in the long run.

Finally, your talent pool could be on the line. 65% of rejected candidates say they’d re-apply to a company that has a great application experience. Lose out on them and your pool dries up much quicker. Additionally, candidates have a higher likelihood of entirely withdrawing their application if the experience is bad enough, wasting valuable time and resources.

Keep Your Candidates Moving

As reported by Human Resources content platform HRO Today, eight primary factors influence a positive candidate experience through the employment background screening process: An easy online experience, communication options, elimination of redundant data entry, easy-to-follow instructions, reminders for missing information, report access, turnaround time, and proactive communication.

For a straightforward online experience, clear instructions should be included as part of your proactive communication and throughout the remainder of the process as well. You’ll want to ensure your screening platform is accessible and mobile-friendly, allowing e-signature on forms, autofill, and ATS/HRIS integrations to reduce repetitive data entry if possible.

With time of the essence at this step, confirm that the system can send necessary links to candidates through email or text and, if information is missing, daily reminders to prompt them until completion. Reports should then be returned to you within 24-48 hours to maintain the momentum and, as required by the FCRA, sent to applicants who request them within 24 hours.

At One Source, all of the above comes standard with our TotalCheck package, allowing you to provide a first-rate employment screening experience and maintain a strong employer brand.

To improve your applicant experience, contact us for a free consultation.

Customize Your Solution to Meet Your Team’s Needs

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One Source recently debuted big changes to our Client Portal that allow us to streamline processes, improve turnaround time, and provide an improved Client and Applicant experience. We have previously discussed new options available to customize the process, but what exactly does that mean?

This article covers five options available to you to customize your screening process.

Client Dashboard & Order Entry

When you first log in, you’ll notice a preset dashboard showing you news, announcements, user guides, FAQs, and more. Every widget you see on this page can be customized by selecting “Edit Page Layout” at the very bottom, giving you the option to move, resize, or swap them according to your preferences. Two important widgets to pay attention to are titled Applicant Quick Invite (AQI) and Checked Individuals.

With AQI, you can easily send a link to Applicants via email or text message by entering their name and contact information and selecting the package you wish to run. The new mobile-friendly system allows them to sign the consent form electronically, eliminating paper waste while taking the onus of order entry off your plate and giving you more time to focus on other important tasks.
The Checked Individuals widget gives you fast access to recent reports and a link to the full list of Applicants whose screenings have been completed or are currently in progress. This page notes their status in two ways: a progress bar that changes from red to orange to green as each component is completed and an ETA for the whole order. That way, you know when to expect your Applicant’s results and can plan accordingly.

Applicant Experience Customization

Many of the changes made in the upgraded portal were done with the Applicant in mind. If you don’t already, consider utilizing our new AQI option, detailed above. Aside from that, your Applicant’s experience can be customized in the following ways:

1. Email & Text Messaging: The subject line and body text can be edited to use your organization’s voice.

2. Applicant Portal: The message under your Applicant’s name on the entry screen can be edited as you see fit.

One Source Applicant Portal Welcome Message

3. Applicant Entry Screen Logo: By default, you’ll see our logo on the top left of the page. This can be replaced with your team’s logo to appear as a continuation of your systems.

One Source Applicant Portal Logo Display

A La Carte Services

We recognize that not all positions at your organization involve the same duties, responsibilities, or access. That’s why we can tailor your screening package to the specific position you’re hiring for. Here are just a few of our 50+ A La Carte solutions available:

  • Motor Vehicle Records: Does the position require driving on company time or using a company vehicle? MVR searches provide driving records, license statuses, and infractions from the past 3-5 years.
  • Social Media Search: Hiring a public-facing position, or trying to avoid a negligent hire? Social Media Searches provide a comprehensive examination of an Applicant’s online presence scouring hundreds of sources to identify racism, intolerance, sexually explicit content, drug or illegal activity, and violence.
  • Professional License Verification: Licenses can vary by occupation, state, or industry. If you are hiring an Applicant that carries a license, like a Registered Nurse, CPA, or Electrician, we can verify their status.
  • Drug Testing: We have access to a nationwide network of over 6,500 clinics that can run drug screening panels for your organization quickly and efficiently.
  • E-Verify & Electronic I-9: Ensure employees are authorized to work in the United States and complete I-9’s easily and electronically, all from within the portal.

Create Your Own Packages

Many industries have specific search requirements and criteria, such as healthcare, education, transportation, construction, and finance to name a few. We provide the option to build custom packages to fit those standards. For an idea of what’s available to you, below are listed several common additional services organizations utilize:

Healthcare

  • Education Verification
  • Professional License Verification
  • Healthcare Exclusions
  • State Abuse Registries

Transportation

  • Motor Vehicle Records
  • FMCSA Clearinghouse
  • DOT Drug Testing

Financial

  • Credit Report
  • Education Verification
  • Professional License Verification

Construction

  • Drug Testing
  • Motor Vehicle Records

If you are interested in adding supplementary services to your account or customizing the experience for you and your Applicants, please let us know. If there is anything we can assist with, reach out to our Client Relations team by phone at (800) 608-3645 option 1 or use our Support page.

The Importance of Continuous Criminal Monitoring

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When onboarding new team members, your goal is threefold: keep your organization safe, verify the applicant’s professional history, and catch any criminal offenses they may have committed. Background checks can find discrepancies in the provided information, but they can become outdated quickly depending on the individual’s behavior. Even if you have a self-reporting policy for contact with law enforcement in your policy, applicants often aren’t aware or don’t follow them. For the most up-to-date information on team members, continuous monitoring is your solution.

What Is Continuous Monitoring?

Simply stated, Continuous Criminal Monitoring is a process where a Consumer Reporting Agency (CRA), such as One Source, automatically rescreens selected individuals each month for criminal activity. This is treated similarly to an initial background check, allowing organizations to view updates to specific components tied to an individual.

Why Is It important?

Organizations may utilize continuous monitoring to ensure that team members continue to meet expectations, uphold company values, and stay out of trouble with the law. You may never be aware of new charges brought against someone if you don’t check up on them on a reoccurring basis.

For example, the U.S. Department of Defense vets their personnel using a version called Trusted Workforce (TW). Established in 2018 and planned to reach full Continuous Vetting (CV) status by October 1, 2023, they have already found success in this program. As reported by the DOD, the Defense Counterintelligence and Security Agency (DCSA) was alerted to a fugitive arrest warrant the day following an incident, allowing them to apprehend the individual and revoke their security access quickly.

“If we had not had this individual enrolled in continuous vetting, there’s a high potential that we may not have been aware of the situation until the next periodic investigation, which would have been five and a half years later,” Heather Green, Assistant Director of Vetting Risk Operations for the DCSA said.

Getting Started

To ensure your organization is protected and you stay informed on team member activity, consider incorporating continuous monitoring into your background screening program. Make sure expectations are clear and state your policy plainly to allow no room for misinterpretation.

One Source can help set your organization up for success with monthly, automatic checks of the Global Report, Multi-Court Jurisdictional Database, and National Sex Offender Registry. If we find a hit, we’ll conduct a County Criminal/Statewide search to verify accuracy.

For more information on this service, or if you’d like to add it to your screening process, contact us here. We’re here to empower you to make informed decisions.

Clean Slate Laws: What Employers Need to Know

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It’s no secret to hiring managers that fair chance hiring laws have gained momentum in recent years. However, confusion remains about how these affect an organization’s onboarding process throughout employment screening. Some, such as the Fair Chance to Compete for Jobs Act of 2019, have been enacted at a federal level, while others differ from state to state, such as “Ban the Box” laws. Clean slate laws are another prominent example of the latter, which we will cover here to keep you and your team informed whether these laws have been codified in your state or legislators are considering doing so.

What Are Clean Slate Laws?

A “Clean Slate” law refers to state legislation passed to allow criminal records to be cleared or sealed from individual records if they stay crime-free for a specified duration. This means that those records don’t appear on background reports. However, not all expungements are automatic in all states, occasionally relying on the individual petitioning the court instead.

A notable exception to these laws occurs in states that have legalized the recreational selling of marijuana. Here, provisions may be put in place to seal non-violent cannabis-related convictions automatically.

How Do They Affect Employers?

Limiting information about applicants may worry some organizations from a risk management perspective, but it’s important not to let it deter hiring efforts. It is still possible to provide a safe workplace as many high-level and violent crimes are not eligible to be hidden or removed. Concerns of recidivism, while valid, should be tempered, as studies show that the risk for re-offense of expungement recipients is very low.

By removing that information from the equation, these laws make it easier for employers who find it difficult not to create unconscious bias when they see criminal records that typically would disqualify the individual from employment. This is also helpful in preventing backlash related to negligent hiring, as withheld criminal information can’t be used as an example of why the individual shouldn’t have been hired.

Clean Slate States

As of this writing (updated November 2023), twelve states have passed clean slate laws. Click a state in the table below to view the associated bill:

STATE

YEAR SIGNED INTO LAW
Pennsylvania

2018
Utah

2019
New Jersey
Michigan

2020
Connecticut
Delaware

2021
Virginia
Oklahoma

2022
Colorado
Minnesota

2023
California

Employer’s Responsibility

If your state already has a clean slate law in place, it’s important to stay up to date on any changes and adjust your screening policy accordingly. Pay close attention to the legislation that enacted these regulations and any amendments applied, consulting your legal counsel if issues arise. If your state has not established these laws, keep an eye out for the introduction of such bills as campaigns are being run in Illinois, Kentucky, Minnesota, Missouri, New York, Oregon, and Texas to further the adoption of programs like these.

Regardless of your company’s state, it’s important to remember that background screening is still crucial to effective onboarding. High-level crimes, those on the federal or international levels, and those linked to the National Sex Offender Registry will continue to be uncovered in any state.

For more information on sealed and expunged records, read Do Expunged Records Show Up on Background Checks?

 

Why is Rescreening Important?

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These days most organizations typically have a standard process for screening staff prior to onboarding. According to a 2021 study by Aptitude Research, nearly 80% of organizations are screening staff members before onboarding.

What happens to these staff after you onboard them? Sure, many HR Departments have a policy in place that may require team members to self-report incidents, but how do you know that’s really happening?

In the past decade, rescreening staff has become a hot topic. More and more companies are minimizing the gaps in the safety of their staff by rescreening, and it’s only growing in popularity.

Why should you rescreen?

Rescreening and monitoring staff backgrounds can be considered for various reasons. These can include, but aren’t limited to:

  • Promotion or change in responsibilities: Employees gain access to company finances, credit cards, or building keys.
  • Maintaining company standards: You screened your staff or volunteers before onboarding them, and now you want to ensure they are being held to those same standards.
  • Industry or compliance requirements: Many industries like healthcare, education, or transportation have ongoing screening requirements.

We see organizations with a variety of industry requirements or internal policies in place. This could include annual rescreening of all team members; some conduct it every two to three years and others utilize ongoing monitoring solutions that are run monthly. Others only do it when there is a promotion or change in the company structure. No matter your process…

Don’t forget compliance!

Any rescreening or continuous monitoring must still comply with the Fair Credit Reporting Act (FCRA). Ensure your organization is following federal and state laws regarding disclosure and authorization. Additionally, if the results of a rescreen create a scenario where you will separate from that individual, be sure you are following the adverse action process.

If you want to include authorization to allow for ongoing screening throughout their time with the company, this must be stated clearly in the initial disclosure. As always, we recommend consulting your legal counsel to ensure your forms are compliant and up to date.

I want to rescreen; what are my options?

When it comes to rescreening, One Source has several options:

  1. Batch Upload: We work with you to establish a rescreening package to meet your standards. Whether this is the complete criminal background, healthcare exclusions, motor vehicle records, or something else, we can customize it to fit your needs. Applicants can then be uploaded directly into our system to be run. Frequency is then up to you.
  2. Continuous Criminal Monitoring: This is an automated search of over 650 million records, including a Global Report, Multi-Court Jurisdictional Database, and National Sex Offender Registry search. The individuals you enroll in monitoring will automatically search for new records at the beginning of each month. Results will be verified by our team to ensure accuracy and the report will be provided back to you.
  3. Other Monitoring Solutions: Outside of criminal monitoring, One Source can also monitor through other screening solutions, including healthcare monitoring and social media monitoring.

Ready to get started?

Incorporating rescreening or continuous monitoring into your screening process could be the difference in creating a safer environment for your organization. To keep the trust between you and your team members, make sure your continuous monitoring policy is clearly stated when they are onboarded, and then remind them on an annual basis. When you start your continuous monitoring, you want to have shared expectations between you and your team members. If you are interested in learning more or would like to add this service to your process, contact us.

For more information on background screening, check out more of our blog or get in touch today.

End User’s Crash Course: The Fair Credit Reporting Act

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Background checks are nothing new, and are now essentially customary in the recruiting and hiring world. Most companies run checks on all new applicants for every open position and even those up for promotions.

So while screenings are a normal part of the onboarding process, keep background check regulations in mind to protect your organization and applicants. Designed to protect the rights and information of job applicants, the Fair Credit Reporting Act (FCRA) carries immense influence.

When followed properly, the FCRA will help you make informed choices while protecting your candidates. When broken, however, the FCRA gives people the power to levy lawsuits against organizations. To protect your business, make excellent hires and avoid potential legal trouble, brush up on your knowledge with this End User’s Crash Course on Fair Credit Reporting Act.

What is the FCRA?

The FCRA outlines the responsibilities of consumer reporting agencies and the rights of those undergoing background and credit checks. It requires consumer reporting agencies to report accurate and complete information to businesses when they evaluate candidates. It also allows applicants to see their reports and dispute any inaccurate information.

Under FCRA rules, background check agencies have a duty to be thorough and accurate in their reporting. Applicants also have the right to advocate for their reputation and true identity. The burden of the FCRA isn’t just on reporting agencies, however. End Users must uphold the rights of their applicants in order to stay FCRA compliant.

How can I be compliant?

End Users must follow certain procedures when recruiting and hiring to comply with the FCRA:

  • Inform applicants you are going to screen them, then get written consent from every applicant to begin the background check process.
  • Explain what information your background reports gather and why you need it, but only if an explanation does not cause confusion.
  • Be aware of your state’s screening restrictions and adhere to them. “Ban-the-box” laws have become more common in recent years.
  • If you are going to take adverse action—such as rejection or termination—due to the content of a background report, you must follow the adverse action process. If adverse action is taken under the permissible purpose of employment (including volunteer), this includes sending pre-adverse and adverse action letters, a copy of their report, and FCRA Rights.
  • Understand that applicants have the right to dispute their report at any time. When you send a pre-adverse action letter under the permissible purpose of employment (including volunteer), you have to allow a reasonable amount of time—typically around five days—for the individual to dispute their report.

If you follow these steps, you will stay within FCRA rules and avoid negligent hiring suits.

What are the consequences of non-compliance?

The number of lawsuits brought under the FCRA reached an all-time high in 2021 and has continually increased every year since 2011. If an end user and their consumer reporting agency fail to meet FCRA standards, they risk an expensive lawsuit.

Because background screening is often part of standard onboarding processes, organizations can repeat the same FCRA infraction multiple times. This can lead to costly class-action lawsuits from multiple parties.

Eliminate the possibility of FCRA non-compliance suits and maintain your responsibilities by partnering with a trusted background screening agency. One Source is FCRA compliant and here to help you navigate its regulations easily. That was your End User’s Crash Course on Fair Credit Reporting Act. Contact One Source Client Relations to learn more about our services.

Ban the Box Updates: What Employers Need to Know

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This article was originally published in June 2022. Updated November 2023.

By now, most HR professionals and hiring managers have heard of Ban the Box and the legislation that’s sweeping the nation. So, what are you doing to prepare for these changes? Are you confident that your onboarding process is up to date and compliant with the laws in place? Here we will help guide you in the direction to make sure your team is prepared for what is to come.

What are Ban the Box Laws?

In simplest terms, Ban the Box means that employers cannot ask on a job application or in certain parts of the hiring process about criminal history. For example, blanket statements like, “have you ever been convicted of a crime.”

These laws aim to put employers’ focus on applicants’ qualifications first, without blanket no-hire policies due to past criminal activity. In most cases, employers must wait until a conditional offer of employment is extended before asking about criminal history or conducting a background check.

On December 20, 2021, Congress enacted the Fair Chance Act. The purpose of the act is to give previous offenders a chance to find work in the United States Federal Government. The Fair Chance Act will “Ban the Box” asking about arrest and conviction history on job applicants for most Federal agencies and contractors. These questions and the background check cannot be started until the conditional job offer has been extended.

What steps can you take to be compliant?

Navigating Ban the Box laws can be confusing. We recommend, as a first step, consulting with your legal counsel. They’ll be able to look at your company profile, industry, and location to see what Ban the Box laws apply to you.

You’ll want to take that information and then review your job descriptions and applications. You’ll also want to be sure your hiring managers only ask about the criminal history during the correct time in the hiring process.

Whether these laws will apply to your organization depends on several factors:

  • Company size
  • Location(s) you hire in (city, county, and state)
  • Industry (different regulations can apply to education, childcare, health care, law enforcement, etc.)
  • Public vs private employer

Currently, 37 states and over 150 cities and counties have adopted similar laws.

While public employers appear to be moving to Ban the Box quicker than private employers, the lists continue to grow.

Currently, 15 states have Ban the Box laws in place for private employers. These include:

California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.

Furthermore, over 20 cities and counties have Ban the Box laws in place for private employers. Some of these include:

Austin, TX; Baltimore, MD; Buffalo, NY; Chicago, IL; Columbia, MO; DeSoto, TX; District of Columbia; Kansas City, MO; Los Angeles, CA; Montgomery County, MD; New York­, NY; Philadelphia, PA; Portland, OR; Prince George’s County, MD; Rochester, NY; San Francisco, CA; Seattle, WA; Spokane, WA; St. Louis, MO; Suffolk County, NY; Waterloo, IA; and Westchester County, NY.

Check out the National Employment Law Project’s (NELP) detailed chart to see whether your city, county, or state has a policy or law.

What’s next?

It’s important to remember that background checks are still a crucial part of the hiring process. Not even the Federal Government, which has adopted Ban the Box entirely, is removing background screening from their hiring process. The safety of your employees, customers, and your organization’s reputation is still essential.

As these laws continue to sweep the country, it’s always best practice to ensure that your background check process is updated. Then, when it’s time to run the background check after a conditional job offer, you can keep things moving quickly.

One Source always recommends reviewing these five areas:

  • Background Check Policy
  • Disclosure
  • Authorization
  • Quality of Data
  • Adverse Action

Reach out to our team if you have any questions on ways you can follow compliance laws and regulations. Or you can learn more about how to stay compliant through our blog, Blueprint to a Compliant Background Check Process.