Federal law requires that the release/authorization an applicant signs to permit background checks must be on its own separate page…not a few sentences at the bottom of a job application.
Also, there cannot be any indemnification or hold harmless statements on the release/authorization. You can have those statements on a separate document, but they cannot appear on the release/authorization in any way.
A growing number of damaging lawsuits are occurring because employers are making this error. Check with your legal counsel to ensure legal compliance on this and other issues.
Contributed by Steven J. Austin of LABORCHEX.
Through the Michigan Chamber partnership with LABORCHEX, members get discounted pricing to employment background screening services. To learn more, please email Kym Lewis or call him at 1-800-880-0366.