It’s the law!
Protect your company and avoid violating the rights of your candidate.
3 Simple Steps to Compliance:
1. Obtain written authorization from the candidate.
Prior to beginning the background screening process, employers must obtain their candidates’ signature on an FCRA-compliant consent form – it is vital for applicants to provide their written permission to proceed.
2. Review the screening results and make a decision.
The potential employer will review the background screening results and make the decision to either go forward with the candidate or decline employment.
3. Decision not to go forward with the hire.
If a decision is made to not to go forward with the hiring process due to negative information found on the screening results report, then the two-part FCRA-legislated Adverse Action Process must be followed in order to protect your company and avoid violating the rights of your candidate. That is the use of the:
Pre-Adverse Action Notification and Adverse Action Notification
Pre-Adverse Action Notification
FCRA rules dictate that when an applicant’s background screening returns undesirable results, a Pre-Adverse Action Notification must be sent to the applicant prior to the adverse action being taken. The Notification informs the applicant in writing that their application is about to be denied based on information discovered during the background screening process.
Adverse Action Notification
If, after a reasonable amount of time (usually 5 business days from the receipt of the Notification), the applicant has not disputed the results of the background screening supplied via the Pre-Adverse Action Notification, the employer must proceed with the Adverse Action Notification, notifying the applicant, in writing, that the application for employment has been denied.