The Fair Credit Reporting Act (FCRA) specifies that the background check request form is a separate document from the application. Many employers get this wrong and are taken to court for FCRA non-compliance. The application process can be made easier through an applicant tracking system or an online background screening portal. These systems can be set up with forms that are consistent, intuitive for users, and readily changed as necessary, helping to ensure FCRA compliance.
With fair chance hiring laws and "ban the box" legislation happening around the country, employers must be aware of employment laws that affect their hiring practices. Some states have passed their own FCRA laws and others have passed salary or credit history restrictions. The EEOC provides guidance on reviewing criminal records as well, recommending individualized assessments and a decision matrix to prevent bias and discrimination. A general recommendation is to review the relevance of background check reports to the job prior to denying employment.
The Professional Background Screening Association (PBSA - formerly NAPBS, the National Association of Professional Background Screeners) holds its members to a strict level of accreditation. The standards include passing third-party onsite audits, rigorous training, and adherence to compliance and integrity when working with private consumer information. When employers work with PBSA accredited companies, they can expect a higher level of customer service, education, transparency, and best practices for screening candidates.
Hiring managers who refer to these tips can minimize risk for their employers. These practices take time and effort to set up, however, the rewards for following them are exponential for hiring the best and brightest.