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June 3 2019

Navigating Background Checks in the Hiring Process

In order to be successful in the background check process, Human Resource professionals should take advantage of tools like the Equal Employment Opportunity Commission (EEOC) guidance and Fair Credit Reporting Act (FCRA) guidance.

Before conducting a third-party criminal background check, the FCRA mandates that employers:

  1. Send the applicant or employee an FCRA-compliant Disclosure and Authorization form,
  2. Obtain their written consent
  3. Complete the consumer reporting agency’s certification form and provide it to the consumer reporting agency.
The EEOC guidance addresses consideration of criminal history information results when the results have a disparate impact on applicants and employees on the basis of race. It first and foremost cautions against the use of arrest records in making employment decisions.