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Posts tagged as “FCRA”

When Background Screening Finds Criminal Records: Are You Making These Common Mistakes?


According to the Society for Human Resource Management (SHRM), nine out of ten employers conduct background screening on candidates when hiring. It’s clear employers want to make safe hiring decisions. This is even more important because of the growing number of American workers that have a criminal history. In fact, the Bureau of Justice reports that almost one-third of working Americans have a criminal history on file — and this number is continuing to rise. Given these statistics, it’s inevitable you’ll find a candidate with criminal history when conducting background screening. Some risk-averse employers may make the common mistake of…

Avoid a Screening Lawsuit: Best Practices for Disclosure and Authorization Forms


Because background screenings are closely regulated by the Fair Credit Reporting Act (FCRA), it’s important to ensure compliance.  One of the most common screening mistakes employers make is not providing a legally mandated disclosure to candidate and obtaining written consent to conduct a background check.  Many companies have suffered costly lawsuits for not complying with these requirements. If an employer fails to meet FCRA requirements, applicants can allege statutory FCRA violations without suffering damages. If an employer is found in violation of FCRA requirements, each applicant not provided the disclosure form may seek recovery, frequently through Class Action lawsuits.  Additionally,…