Is your Background Check Disclosure Meeting FCRA Requirements?

 

The National Association of Professional Background Screeners offers a basic certification of FCRA guidelines.  Here is some information about disclosure requirements from this certification that you may not be aware of.

When the consumer report will be used “for
employment purposes,” the disclosure:
? Should be clear, conspicuous and in writing.
? In a document that consists “solely of the
disclosure.”
? Should not be part of a printed employment
application.
? Should be made when the consumer applies
for the job or commences employment.
? Blanket disclosures are permitted for the
duration of employment.
15 USC § 1681(b)(b)(2)
FTC Staff Report, July 2011, p. 51

ICRs (Individual Consumer Report): The end user must disclose that it will
obtain an ICR including information regarding
the consumer’s s character, general reputation,
personal characteristics and mode of living,
whichever are applicable, and the disclosure:
> Must be in writing.
> Must be mailed not later than 3 days after
the report is requested.
> Must inform the consumer of his right to a
disclosure of the nature and scope of the
investigation requested.
15 USC § 1681d(a)(1)

Failure to follow FCRA guidelines can lead to individual plaintiff's lawsuits.  The typical claim is based on employer's failure to follow the disclosure and authorization requirements. Consumers file thousands of FCRA
lawsuits every year.

The damages recoverable depends on the
type of violation proven.
> Negligent violations: Plaintiffs can recover
actual damages. 15 USC § 1681o(a).
> Willful violations: Plaintiffs can recover
actual damages or “statutory” damages of
$100-$1,000 per violation, plus punitive
damages. 15 USC § 1681n(a).

The FCRA is a “fee shifting” statute; so,
prevailing plaintiffs can recover their
reasonable attorneys fees.

15 USC§ 1681n(c) and 1681o(b).

Plaintiffs have a right to a jury trial in FCRA cases; so, the amount of damages is determined by the jury, in most cases.

There are many more requirements including "Adverse Action" notifications. It is vital to be aware of your duties as an employer.

 

Scott Kern is the Senior Vice President of Shadow Trackers, a full service background and pre-employment screening firm.

 

要查看或添加评论,请登录

Scott Kern的更多文章

  • Make a Difference

    Make a Difference

    Go ahead, let that car cut in front of you. Pick up that trash sitting in the parking lot.

  • Should you Re-Screen your Employees?

    Should you Re-Screen your Employees?

    Periodic screenings are becoming increasingly important to employers in order to ensure safe and compliant working…

  • The Holiday Blues

    The Holiday Blues

    The holidays can be a difficult time for many people. It could be the first year without a love one.

  • Are Instant Background Searches Accurate for Employment Screening?

    Are Instant Background Searches Accurate for Employment Screening?

    Thanks to your nightly TV shows, most people think that all it takes to find criminals is a stroke of a keyboard. There…

  • How to Make Strategic Alliances Work

    How to Make Strategic Alliances Work

    According to Wikipedia, a strategic alliance is an agreement between two or more parties to pursue a set of agreed upon…

    1 条评论
  • 2017 Goals

    2017 Goals

    As the past year comes to an end a lot of people are thinking about what they want to accomplish in the new year. Many…

    1 条评论
  • Employment Credit Reports: Know the Laws in Your State

    Employment Credit Reports: Know the Laws in Your State

    Across the United States, legislators are working to remove or limit the use of employee credit checks in the hiring…

  • NAPBS' UPDATE: Recent EEOC Litigation Developments Provide Important Insight and Guidance for Professional Background Screening Industry

    NAPBS' UPDATE: Recent EEOC Litigation Developments Provide Important Insight and Guidance for Professional Background Screening Industry

    Brought to you by Akin Gump and NAPBS' Government Relations Committee Employers Must Avoid Broad or "Blanket" Criminal…

  • "Ban the Box" - Oregon

    "Ban the Box" - Oregon

    Brought to you by Akin Gump and NAPBS' Government Relations Committee Recent legislative activity in Oregon warrants…

  • Ask yourself..........

    Ask yourself..........

    Do you really know who is working for you? Let us help answer this question. www.

    2 条评论