This document discusses standards and considerations for employers regarding background checks. It aims to dispel common myths, such as the Fair Credit Reporting Act only applying to credit checks. It outlines the 10 steps employers must take to legally obtain and use background checks, including making required disclosures, obtaining authorization, and following adverse action procedures. The document also covers other legal considerations like equal opportunity, identity theft, regulated industries, and record retention requirements. Overall, it provides guidance to help employers navigate the pre-employment screening process in a safe, compliant and objective manner.

1. An Education on Compliance
Standards

3. AGENDA
Dispelling the Myths
Employer’s use of reports
Procedure Process
Other Considerations

4. Dispelling
The
Myths

5. MYTH #1
The federal Fair Credit
Reporting Act only
applies to screening
which includes credit
FALSE!

6. Credit worthiness
Credit standing
General reputation
Personal characteristics
Mode of living

7. An applicant
doesn’t need
to receive a
disclosure and
authorize the
background
check if the
report only
contains public
informationFALSE!!
MYTH #2

8. An applicant must ALWAYS receive a
disclosure and authorize a background
investigation

9. The FBI criminal
database is widely
available to
background
screening
companies
FALSE!!
MYTH #3

10. Background
checks are
returned
instantly
FALSE!!
MYTH #4

11. Employer’s use of Consumer Reports

12. Prior to
receiving a
consumer
report
An employer must certify:

13. The information will be used for employment
purposes only

14. The information will not
be used in violation with
any federal or state laws

15. Employer will
obtain all
necessary
disclosures
and consent

16. 10 STEPS
EMPLOYERS
MUST TAKE
IN OBTAINING A BACKGROUND CHECK

17. #1: Employer
Disclosure

18. #2: Signed
Authorization

19. #3: Request
Background
Check

20. #4: Background
Check is
Conducted

21. #5: Report is Provided to the
Employer..and applicant if requested

22. #6: Employer Reviews Completed
Background Report

23. #7: If Employer is
Considering Adverse
Action

24. •Notify Applicant
•Give Applicant a copy of the
report
•Provide a “Summary of Rights”

25. #8: The applicant
contacts the
background
screening company
to dispute any
information
#9: The background
screening company
would re-investigate any
disputed information

26. #10: The Employer Makes a Decision

27. Key Responsibilities of the Employer

28. REQUIRED!
Disclosure to Applicant

29. REQUIRED!
Applicant’s Authorization

30. REQUIRED!
Adverse Action Procedures

31. REMEMBER!
You are not required
to hold this position
open while you
complete this process

32. OTHER CONSIDERATIONS

33. Other considerations
Identity
Theft
Equal
Employment
Opportunity Record
Retention
Regulated
Industries

34. Regulated Industries
Transportation
Healthcare
Education
Banking
Securities

35. EQUAL
EMPLOYMENT
OPPORTUNITY

36. IMPARTIAL
OBJECTIVE
LEGALLY DEFENSIBLE
Consistent selection criteria and evaluation of candidates

37. Business Necessity
The nature and gravity
of the offense
The time that has past
since conviction
The nature of position
held or sought

38. Arrest
Records
In
Employment
Decisions
??????

39. Examine the circumstances
Let applicant explain
Make follow up inquiries

40. IDENTITY THEFT
Millions of
Americans
Fall victim
every year!

41. Fundamental
concern when
dealing with
sensitive
information

42. The Pre-employment
screening process
allows the employer
access personal
information of a
confidential nature.

43. Record Retention

44. after the
applicant
learned of the
violation
Within 5 years
of the date the
action
occurred.

45. Partner with Data Facts for all of your
employment screening needs!
Information You Trust Since 1989

46. Pre-employment screening is an important part of
a safe and successful hiring process

47. Thank you!

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