Pre Employment Screening Articles

Since this is a “101″ series, I thought we should discuss one of the most basic requirements of the screening process: the Applicant Release. This should never be taken for granted because it is perhaps the most serious standard set forth in the Fair Credit Reporting Act (FCRA).Employment background checks must be authorized in writing by the applicant before a company can proceed (at least when the check is being conducted by a CRA [background screening company]). Failure to get the applicant’s permission before the check is conducted can get an organization in serious hot water.

At a minimum the authorization will inform the applicant that you reserve the right to conduct a background check, define the scope of the search and inform them of who will be conducting the background. In the case of California, Oklahoma and Minnesota applicants the release will include a check box that applicants can check if they want a free copy of their report. {Side note: many organizations that are screening applicants outside of these states forget that even though the other states do not mandate a check box, that the applicant still has a right to request a free copy of the report}. For New York applicants, the release simply advises that they have a right to inspect the report. Those who screen on a nationwide basis, fear not. All of these notifications can be included on one page of an FCRA compliant release form.

Employers should also know that unless your state specifically prohibits it, language can be worked into the release that allows you to re-screen the applicant throughout the tenure of their employment.

Once the release is executed, you can execute the search. Remember to keep the release on file. Accounts of how long vary and you should consult your attorneys about this.

 By: Nick Fishman

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