(HR) Background Checks: What Employers Need To Know

A joint publication by the Federal Trade Commission (FTC) and Equal Employment Opportunity Commission (EEOC) titled “Background Checks: What Employers Need to Know” was recently released to the public.  The document provides guidance to employers on how to comply with both the Fair Credit Reporting Act (FCRA) and federal nondiscrimination laws in obtaining background information, as well as using and disposing of such information.  With recent changes to the FCRA and employer questions regarding those changes, this document helps employers to minimize their risk when using background information in the process of making personnel decisions, including hiring, retention, promotion, and reassignment.

Even employers that hire a third party to perform background checks must comply with the recent changes to the Fair Credit Reporting Act (FCRA). The Federal Trade Commission (FTC) enforces the FCRA. This publication explains how to comply with both the federal nondiscrimination laws and the FCRA.

Employers must make sure that they are treating everyone equally. It’s illegal to check the background of applicants and employees when that decision is based on a person’s race, national origin, color, sex, religion, disability, genetic information (including family medical history), or age (40 or older).

 Please make sure that you download and read this important joint publication.  You may download the complete document here…