What Every Employer Needs To Know About Background Check Compiance
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Guest Presenter: Vu Do, VP of Compliance - PreCheck, Inc. As a successful recruiter you have landed the ideal candidate and it's time for the background check - but not so fast! With litigation against employers at an all-time high for violations related to their use of background checks, you need to make sure you understand your legal obligations before relying on this critical hiring tool. In this month's webinar PreCheck's Vice President of Compliance, Vu Do, will share the compliance essentials to protect employers running background checks including: • FCRA Compliance Requirements • Employers' Responsibilities under the EEOC Enforcement Guidance • Understanding the "Ban the Box" Movement & How It Could Affect You • The Time & Place For Compliant Credit Checks Learn more about our recruitment management software at https://hrsoft.com/products/applicant-tracking-software/
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What Every Employer Needs To Know About Background Check Compiance
- 1. TalentTakeaways webinar & podcast series What Every Employer Needs to Know About Background Check Compliance
- 2. AGENDAThe Series TalentTakeaways webinar & podcast series Talent Takeaways Series
- 3. AGENDAThe Sponsor Talent Takeaways Series
- 4. AGENDA Brian Sharp Chief Marketing Officer , HRsoft Vu T. Do, CCEP, LPI VP Compliance, PreCheck Our Presenters Talent Takeaways Series
- 5. Content Overview Talent Takeaways Series FCRA Compliance Requirements Employers' Responsibilities Under the EEOC Enforcement Guidance How the "Ban the Box" Movement May Affect You Compliant Use of Credit Checks
- 6. FCRA Terminology Talent Takeaways Series Federal Fair Credit Reporting Act FTC & CFPB: Rulemaking, enforcement, interpretation Terminology Consumer report End-user (employer) Consumer Reporting Agency (background check company) Consumer (subject of report)
- 7. FCRA Compliance Requirements Talent Takeaways Series Duties of End-Users – “Notice to Users of Consumer Reports” Permissible Purpose Disclosure & Consent Certification to CRA Adverse Action
- 8. Permissible Purpose Talent Takeaways Series Employment is broadly construed Pre-employment hiring Retention: re-assignment, transfer, promotion, etc. Non-traditional: volunteers, contractors, staffing firm placements, appointed physicians, etc.
- 9. Disclosure & Authorization Talent Takeaways Series Make proper disclosure to and obtain consent from consumer prior to procuring a report Disclosure must be a separate document Evergreen language Internal employee investigations exception
- 10. Employer Disclosure Lawsuits & Settlements Talent Takeaways Series Kmart $3 million Domino’s Pizza $2.5 million Swift Transportation Corporation $4.4 million Dollar General $4 million Publix Stores $6.8 million
- 11. End-User Certification Talent Takeaways Series When requesting a report from a CRA, user must certify: Permissible Purpose Proper Disclosure made Consent obtained Compliance w/ federal & state laws Compliance w/ adverse action duties
- 12. Adverse Action Responsibilities Talent Takeaways Series Before taking adverse action based on contents of consumer report, user must first: Send the following documents to the consumer: Pre-adverse action notice Copy of consumer report Summary of Rights under the FCRA Do not orally rescind offer, explain application is “under review” Wait 5 days, allow consumer time to dispute Send written Adverse Action notice
- 13. FCRA End-User Takeaways Talent Takeaways Series Duties of End-users: Permissible employment purpose Make a proper disclosure Obtain written consent Make certification to CRA Adverse Action responsibilities
- 14. EEOC Enforcement Guidance Talent Takeaways Series Released April 25, 2012 Committed to removing discriminatory barriers to employment EEOC’s Position on Employment Background Checks: Disparate treatment vs. Disparate impact Disproportionate rates of arrest and incarceration of African- American and Hispanic males Job relatedness and business necessity The Commission continues to scrutinize employers’ screening practices
- 15. The Green Factors Talent Takeaways Series When reviewing criminal convictions, consider: Nature and gravity of the offense Time that has passed since the offense Relation of the offense to position sought or held What are the facts surrounding the offense? Number of convictions? Evidence of work stability pre and post conviction? Rehabilitation efforts
- 16. Employer Best Practices Talent Takeaways Series No policies with blanket exclusions Title VII training for decision makers Develop a narrowly tailored policy Maintain robust documentation Don’t ask about criminal history on the employment application Perform Individualized Assessments Create forum for dialogue Additional documentation or materials Opportunity to dispute or clarify
- 17. Ban the Box Talent Takeaways Series Refers to legislation or city ordinances that prohibit inquiry into an individual’s criminal history during the employment application process Currently, more than 100 state and local governments have enacted ban-the-box measures Understand the provisions of ban-the-box legislation in your state, city, or county, if they exist
- 18. Ban the Box Talent Takeaways Series Ban-the-box measures apply to mostly public employers Increased trend where laws passed by states (e.g. MN, MA, RI, NJ)and cities affect private employers National Employment Law Project (NELP) Complications for employers in multiple locations
- 19. Compliant Use of Credit Checks Talent Takeaways Series State legislation restricting employers’ use of credit checks in hiring (CA, CO, CT, HI, IL, MD, NV, OR, VT, WA) Policy on Credit Checks should mirror state laws with current restrictions, ongoing trend Required for position sought? Know how to interpret and treat credit report results Provide a forum for dialogue with applicant if adverse information exists
- 20. Key Takeaways Talent Takeaways Series Develop a thoughtful and written background check program Give applicants/employees a voice before making a final decision Know your legal duties under the FCRA when using background check reports
- 21. Resources Talent Takeaways Series The Leading Healthcare Background Screening Service PreCheck.com
- 22. Resources Talent Takeaways Series A Better, Smarter & Faster Way to Hire Engaged Employees RECRUITview™ Recruitment Management Software
- 23. Answer Questions Share Resources Demo Day Resources & Support Talent Takeaways Series
- 24. TalentTakeaways webinar & podcast series What Every Employer Needs to Know About Background Check Compliance
Notes de l'éditeur
- Monthly series of educational webinars and podcast interviews Want to focus on trends, best practices and strategies for HR and talent management. Goal is to TAKEAWAY 1 good idea Always looking for topic suggestions and speakers so let us know!