Your company is conducting background checks in Western NY. So, should you let your candidates know about your plans? The answer is YES! Here’s what an applicant needs to know before you screen them.
What to Tell Applicants BEFORE Running Background Checks…
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You Will Be Conducting a Background Check
The federal government regulates background checks under the Fair Credit Reporting Act or FCRA. Although the name is misleading, this law applies to credit reports as well as to criminal records, civil records, and more. To protect the rights of individuals, the FCRA requires companies to obtain an applicant’s written consent before running a screening through a third-party provider. This information must be presented in a stand-alone, written document. It cannot be combined with other application materials.
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They Have Rights
Candidates should also receive A Summary of Your Rights Under the Fair Credit Reporting Act. This document outlines other information applicants may need to know. Rights include everything from requesting a copy of reports to suing for FCRA violations.
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Results Could Impact Hiring Decisions
Before running a background check, you may be required to give a conditional offer of employment. (There are no federal mandates, but some states have restrictions concerning the timing of screening.) If the candidate passes the background check, the job is theirs. However, if their screening indicates problems, your company may decide not to hire them.
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You Will Notify Them About Any Problems
If a background check raises red flags, your company can’t withdraw an offer without an explanation. The FCRA includes a complete pre-adverse and adverse action process. This gives applicants an opportunity to examine, explain and/or correct potentially damaging information. After all, sometimes background checks DO contain errors. And you don’t want to deny someone employment based on a reporting mistake.
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They May Contest Inaccurate Information
Once a pre-adverse action is filed, the candidate has the chance to dispute and correct any inaccuracies. The FCRA provides at least five business days to complete these procedures. Yet, some states and cities allow for an even longer timeframe.
Does Your Organization Need Help Running Background Checks in Western NY?
If keeping track of background check regulations is giving you a headache, don’t worry. Metrodata Services is here to help. As WNY leading pre-employment screening service, we’ll make sure your applicants have the correct information so your business stays compliant. Learn more about the advantages of partnering with Metrodata Services today!