Consumer Reporting Agency Background Checks

Consumer Reporting Agency Background Checks

Background Research offers a wide range of data solutions suited to meet many needs. From checking on the neighbors to learning about yourself to find out if there is something to be concerned about. The background check data source are known market leaders for public record information, offender assessments, phone and address reports, social websites information, and a lot more. The objective is to enable the every day man or woman with the information they require to help to make rapid & educated choices.

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Consumer Reporting Agency Background Checks

In order to avoid costly litigation and classwide damages, you should keep three things in mind when using reports such as background checks, driving records, or credit checks in employment decisions: the FCRA requires employers who use covered reports to give applicants and employees specific disclosures and notices before, during, and after requesting or using a covered report. For employers, if there is information in an FCRA-covered background report that the employer intends to use, in full or part, to exclude the applicant from employment/employee from promotion/opportunity, then the employer has to provide a pre-adverse notice that informs the applicant/employee that negative action may be taken against the individual due, in full or in part, because of information contained in the background check. As previously reported, nationwide FCRA class action filings against employers are also continuing to spike.3 Thus, employers should consider conducting a privileged review of (1) their background check disclosure and authorization forms to fortify compliance with the emerging line of cases raising concerns about including any text in such forms other than the minimum necessary FCRA disclosure (i.e., that the employer will request a background report); and (2) their procedures for ensuring that pre-adverse action notices are timely sent if a potential adverse action against a job applicant or employee may be based, even in part, on the contents of the background report. Accurate Reporting: CRAs must establish and follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.” The FTC notes also that certain practices may be indicators that a background screening company isn't following reasonable procedures,” and provides the following example: if a report lists criminal convictions for people other than the applicant or employee - for instance, a person with a middle name or date of birth different from the applicant's - that raises FCRA compliance concerns.” Other indicators” according to the FTC are when a CRA provides screening reports with multiple entries for the same offense or that list criminal records that have been expunged or otherwise sealed.”

Starting September 21, 2018, employers that use background checks must notify job applicants and employees of their rights under the FCRA using a new Summary of Consumer Rights” form Failure to provide the correct notification can expose employers to legal risk, including class action litigation.

When a background check on an applicant and/or current employee produces negative results, and the decision not to move forward in hiring or retaining this individual be related to information contained in their background screening report, you are bound by the FCRA (Fair Credit Reporting Act) to fulfill their adverse action letter obligations. On May 10, 2016, the Federal Trade Commission (FTC) released a new publication related to background checks and the Fair Credit Reporting Act (FCRA) titled What Employment Background Screening Companies Need to Know About the Fair Credit Reporting Act.1 As the name suggests, the publication surveys the obligations that consumer reporting agencies (background check companies or CRAs) have under the FCRA when compiling employment-purposed consumer reports (background reports). The new guidance, issued May 10, 2016, is aimed specifically at background-screening companies—consumer reporting agencies subject to the FCRA—but the guidance will also be of interest to any employer that engages a third party to conduct background checks on employees or applicants.

Sapphire Background Check is a consumer reporting agency (CRA) and, among other services, Sapphire provides consumer reports and investigative consumer reports (collectively, Screening Reports”) as defined by the Fair Credit Reporting Act (FCRA”) and applicable state laws. Before an employer relies in whole or in part on a background check report to take an adverse action” (e.g., rescinding a conditional job offer or discharging an employee), the employer must provide the individual a pre-adverse action” notice, and include with it a copy of the report and the Consumer Financial Protection Bureau's Summary of Rights. Generally speaking, before an employer may obtain a consumer report (aka a background check report”)—which may include criminal or credit history, from a third-party background check company (consumer reporting agency” or CRA”)—the employer must make a clear and conspicuous written disclosure to the individual, in a document that consists solely” of the disclosure, that a background check may be done.

In addition to covering credit checks, the FCRA also governs employment background checks for the purposes of "hiring, promotion, retention, or reassignment." To learn more about credit reporting, read our Consumer Guide, Credit Reporting Basics: How Private Is My Credit Report The FCRA does not require employers to conduct employment background checks.

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