Yes, there are legal considerations that employers should keep in mind when conducting background checks on job applicants. Some of these considerations include:
1. Compliance with Federal and State Laws: Employers must comply with federal and state laws concerning background checks. Employers must comply with the Fair Credit Reporting Act (FCRA), which regulates the collection, use, and dissemination of consumer information. Employers must also comply with state laws regarding background checks, which may impose additional requirements and restrictions.
2. Obtaining Consent: Employers must obtain written consent from job applicants before conducting a background check. The consent form must disclose the nature of the background check, the entities that will conduct the check, and the applicant’s rights under the FCRA.
3. Adverse Action Notification: If an employer decides not to hire an applicant based on information in their background check, the employer must provide the applicant with a pre-adverse action notice. This notice must include the name and contact information of the screening company, a copy of the report, and a summary of the applicant’s rights under the FCRA.
4. EEOC Compliance: Employers must ensure that their background check policies and procedures comply with federal EEOC guidelines. Employers must not discriminate on the basis of race, color, national origin, religion, sex, age, or disability when conducting a background check.
5. Accuracy of Information: Employers must ensure that the information obtained in a background check is accurate and up-to-date. Employers must also provide job applicants with an opportunity to dispute any inaccurate or incomplete information.
