The laws that apply to background screening
Conformity with Fair Credit Reporting Act (FCRA) and its regulations is of primary importance in achieving and maintaining background screening compliance. The FCRA was enacted to provide consumer protection and promote the accuracy, fairness, and privacy of credit reporting. The FCRA regulates the collection, dissemination, and use of consumer information.
There are also background screening laws for each of the 50 states. Each state has their own set of compliance requirements for consumer and credit reports, criminal and driving records, and education and employment verifications.
Additional federal laws and regulations prohibit workplace discrimination and are enforced by the Equal Employment Opportunity Commission (EEOC). The EEOC requires that background check results not be used to deny employment for discriminatory reasons and has issued guidance specifically pertaining to the use of criminal records.
Compliance procedures and responsibilities
Fulfilling the numerous state and FCRA requirements for background screening compliance can be a considerable undertaking. For example, employers are required to ensure that they are ordering background checks for employment purposes only.
Additionally, employers must inform applicants that a background search may be performed, receive written consent from individuals prior to the search, and follow proper adverse action procedures in the event search results lead to a negative employment decision.
Employers must also follow EEOC laws and state guidelines regarding the information that can be obtained in a background check and how that information is used.
Noncompliance is expensive. Employers may find themselves subject to civil or even criminal liability for violating federal or state background screening laws. Costly litigation, fines, and penalties can damage an organization’s reputation and bottom line.
IntelliCorp can help
As a Consumer Reporting Agency (CRA), IntelliCorp is subject to the laws that govern our industry. We take compliance seriously, both for our organization and our clients, and regularly monitor legislation to ensure that we continue complying with all pertinent laws and regulations. We are committed to maintaining a high level of ethics and integrity, and you can feel comfortable knowing that we help ensure compliance for your business or organization.
Through our 20+ years of experience in the background screening industry, we can help you accomplish the variety of processes and procedures required by our industry as well the industry in which you operate.
Throughout the process, our knowledgeable and experienced service professionals in our compliance unit will provide the training and support you need to achieve a compliant background screening program.
For further information:
FCRA Compliance Procedures
IntelliCorp successfully proved compliance with the Background Screening Agency Accreditation Program (BSAAP) and is formally recognized as accredited by the NAPBS Background Screening Credentialing Council (BSCC). This recognition shows our commitment to the background screening industry by our adherence to their strict professional standards for best practices, operations, and ethics.
It also clearly demonstrates our unwavering commitment to our valued clients. Our adoption of the high-quality NAPBS standards helps guarantee that our clients receive the best-in-class background screening products and services.
Our accreditation is the industry’s seal of approval that represents our overall commitment to achieving excellence through accountability and high professional standards with the goal of continued institutional improvement.