What Does it Mean to be Compliant?
Use a Consumer Reporting Agency
NCS stays up to date on all federal, state, and local laws. This means that NCS will provide your company with a compliant background check and the tools necessary to remain in compliance.
Provide Disclosure and Obtain Consent
The Fair Credit Reporting Act (FCRA) requires that employers obtain written authorization from the applicant before their background check is ran. By obtaining consent from the applicant, the employer has certified that they have provided disclosure to the applicant that a report may be obtained and provided a summary of the applicant’s rights under the FCRA to the applicant. NCS has the ability to electronically request consent from your applicant on your behalf. This process will ensure the consent is FCRA compliant and all legal notifications and requirements for consent are fulfilled. If you already have your applicant’s consent and have verified that the consent is FCRA and state compliant, you can scan and upload the copy to NCS.
Consider Equal Employment Opportunity Commission’s (EEOC) Guidance When Reviewing Reports
Before making an employment decision, consider the nature of the offense and the time since it happened. Consider whether or not the offense is job-related. Has the candidate taken rehabilitation measures since the offense has occurred? Ask the candidate for more information regarding the offense. This approach allows you to respectfully review the information, while remaining in compliance with the law.
Share Results with Your Applicant
Your candidate is entitled to a copy of their report under the FCRA. Providing a copy of the report to your applicant allows your applicant to review the information returned and dispute any records within the report, if needed.
Follow Adverse Action Process
If you decide to not hire an applicant based in part or in whole of the applicant’s report, you must supply them with the pre-adverse and adverse action letters. You must also supply your applicant with a copy of their report and a summary of their rights under the FCRA. NCS provides these applicant-specific letters on each report for you to supply to your applicant.