Do Background Checks Interfere With Privacy Laws?
The FCRA (which governs all background agencies), mandates that a job applicant must be notified, in writing, that a background check is being done and what it may include. They must be given a “summary of their rights under the FCRA”. They must also sign a release form with identifying information. These notifications and release forms may be obtained from the background agency.
Criminal files are public records, no release is required. A signed release is required for Previous Employment Inquiries, Credit History, Education Verification and Driving History.
Bottom line, there is nothing sneaky about doing a background check. The applicant knows about it, and agrees to it, in advance. Any information provided that is used to make an employment decision must be job related. The law also requires that you notify the applicant of the decision using “Adverse Action” letters.
When you sign up with a background agency, make sure they know all applicable laws and have all forms required by law.
Remember, it only takes one bad hire to devestate your business.
Source: www.findtheliar.com