FCRA Background Checks
Employment FCRA Background Checks
We have access to multiple national and state databases, including county court records. All of our information searches meet or exceed Fair Credit Report Act (FCRA) standards for employment service records.
- Criminal records (including predatory offenses)
- Motor vehicle reports
- Licensing and credentials
- Social security verification
- Education verification
- Address verification
- Employment Verifications and OFAC Reports
When making personnel decisions – including hiring, retention, promotion, and reassignment – employers sometimes want to consider the backgrounds of applicants and employees. For example, some employers might try to find out about the person’s work history, education, criminal record, financial history, medical history, or use of social media. Except for certain restrictions related to medical and genetic information (see below), it’s not illegal for an employer to ask questions about an applicant’s or employee’s background, or to require a background check.
However, any time you use an applicant’s or employee’s background information to make an employment decision, regardless of how you got the information, you must comply with federal laws that protect applicants and employees from discrimination. That includes discrimination based on race, color, national origin, sex, or religion; disability; genetic information (including family medical history); and age (40 or older). These laws are enforced by the Equal Employment Opportunity Commission (EEOC).
In addition, when you run background checks through a company in the business of compiling background information, you must comply with the Fair Credit Reporting Act (FCRA). The Federal Trade Commission (FTC) enforces the FCRA. This publication explains how to comply with both the federal nondiscrimination laws and the FCRA. It’s also a good idea to review the laws of your state and municipality regarding background reports or information because some states and municipalities regulate the use of that information for employment purposes.
DISA can assist your company with compliant FCRA searches on your applicants and employees.
It is more important than ever to conduct credential verifications given the current economic conditions. DISA’s employment verification can confirm employment history, dates employed, education, and references.
According to an article form the Society for Human Resources, 96% of employers now (versus 10 years ago) use background checks, with nearly as many small- and medium-sized employers utilizing them as large employers.