Your Employee Screening Compliance Checklist For 2017

May 2, 2017
  • Review your job application, and disclosure & authorization forms for background checks to ensure they are legally compliant. We can provide you with generic disclosure and authorization forms. 
  • Make sure you follow the FCRA Adverse Action Procedure when you are going to deny employment based in whole or in part on information in our report. Failure to do this can result in costly and damaging lawsuits. We are happy to email you a rundown of the Adverse Action Procedure.  
  • If you operate multiple locations it is important that your background check procedures are basically identical unless a state or local law requires something different. It is also vital that managers who conduct interviews know the questions they can, and cannot ask. The EEOC will take swift action if a job applicant claims he/she was asked a question that violates federal law.
  • Remember that all persons within the same job category should be screened the same way. Very simply, a VP of Sales may be screened more thoroughly than a part-time janitor. But all VP of Sales applicants should be screened in a similar manner, just as the applicants for the janitor position.
  • Be aware that at any time any employee can ask for a copy of the background screening report. You are obligated to give it to them (as we are), and when you do you must include a copy of the Summary of Rights Under the Fair Credit Reporting Act. We can email you a copy of the Summary.
    Don’t forget that your best source to discuss all of this is your legal counsel. 

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.