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Criminal background check laws
Criminal background check laws
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In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Michelle Gyves discuss the main laws governing background checks for employers. We will discuss how employers can utilize the federal Fair Credit Reporting Act (FCRA) to conduct pre-employment background checks on candidates. In addition to FCRA, we also discuss how “ban the box” and credit check laws play a role in screening potential employees. Be sure to tune in for more information on how these laws can affect both employers and candidates.
https://www.natlawreview.com/article/podcast-laws-governing-background-checks-employers
If you hire an outside agency to conduct background checks, you must comply with the federal Fair Credit Reporting Act and similar state laws, which regulate the use of "consumer reports." Consumer reports are not simply credit reports. Instead, consumer reports include any outside agency communications that contain information bearing on a person's character, general reputation, personal characteristics or mode of living. This can include an applicant's driving records, criminal history, credit history and possibly his or her social media activity. Federal and state laws also have strict notice and written authorization requirements. These laws require employers to notify an applicant before conducting a background check and before taking adverse action based upon the results. Failure to follow these requirements can result in civil and criminal penalties (not to mention litigation). Even when conducting a background check in-house, you should consider satisfying these notice and consent requirements as precautionary measures.
The FBI doesn't track denials by state - but says on average about 1.25 percent of all checks get denied nationwide. Federal agents do regular checks of the gun stores to survey who has tried to buy a gun and wasn't able to. "They will check the non-approval forms because we have to keep those and if they see someone's name in there more than once, they probably follow up," Farhat continues. Background checks aren't required at gun trade shows if the seller is a private individuals. If a seller hold a Federal Firearms License, their license requires them to conduct a background check. A second Florida lawmaker has filed a bill in the Florida house to make that a requirement, for all sellers, going forward. The denials are generated from a federal crime database established in the 1990s. If someone gets denied, they have 21 days to appeal.
Businesses looking to hire new employees must always be concerned with exactly who is joining their payrolls. Background check tools allow business owners and hiring managers the opportunity to determine if a potential team member has a history that may impact his or her job duties. According to Reuters, background checks also allow businesses to avoid negligent hiring lawsuits, damaging public relations events and potentially dangerous interactions for other employees and customers. Investing in the latest background check tools can help ensure that businesses don't go too far with their investigations.
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