Question: What is one way you can protect your organization when running background checks?
Answer: Proper Authorization and Disclosure.
In the background screening industry, the front end process of conducting a background check continues to be a fertile ground for attorneys. Your best defense is to make sure you comply with the laws and industry best practices pertaining to background screening.
One vital component of doing so is proper Disclosure and Authorization prior to submitting information to run the background check. This includes items such as; informing the subject that a background screen will be conducted, getting the individual’s permission to run the search, letting the person know what is being requested and by whom. The process sounds simple, but IntelliCorp is seeing an increasing amount of Disclosure and Authorization forms that do not meet industry best practice standards.
To assist you in creating proper Disclosure and Authorization documents that meet industry standards, below is a list of items that should (or should not) be incorporated into your forms.
Do’s
Disclosure:
- Include the name of the Organization(s) requesting the information
- Include the name of the Provider of the information [i.e. IntelliCorp Records]
- Let subject of background check know the type of information being requested
- A separate document from Authorization Form
- Must be “clear, conspicuous, and in writing”
Authorization:
- Name of business or organization(s) authorized to receive the information
- Language granting the business authority to receive the information
- Signature of subject that gives permission to conduct the background screen
- Signature of parent or guardian for searches conducted on minors under age 18
- Date of authorization given must be prior to submitting a request for a background check
Don’ts:
- Include any language related to limiting or releasing liability
- Include as part of a printed employment application
Check with your legal counsel if you have any questions as to whether your form meets these standards. You will also want to be aware of any state specific items that need to be included in these documents.
A link to IntelliCorp’s sample Disclosure and Authorization form can be found here. IntelliCorp offers complimentary training to all clients; training catalogue can be found here.If you have any questions, please contact IntelliCorp Sales (800-539-3717 | sales@intellicorp.net) or Client Services (888-946-8355 | customerservice@intellicorp.net).The consequences of not having a proper form can lead to costly litigation. Cases and settlements that highlight this statement are: Speer v. Whole Food Mkt. Grp., Inc., No. 8:14-CV-3035-T-26TBM, 2015 WL 1456981, at *3 (M.D. Fla. Mar. 30, 2015); Singleton v. Domino’s Pizza, LLC, No. 11-1823, 2012 WL 245965, at *9 (D. Md. Jan. 25, 2012); Reardon v. Closetmaid Corp., No. 2:-8-cv-01730, 2013 WL 6231606, at *10-11 (W.D.Pa. Dec. 2, 2013).