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Employment Screening Background Check Laws And Regulations

Background Check Laws

In addition to the FCRA, there are numerous federal statutes concerning employment and pre-employment.
ADA – Americans with Disabilities
DPPA–Drivers
Privacy Protection Act  http://www.accessreports.com/statutes/DPPA1.htm
Equal Pay Act of 1963. www.eeoc.gov/policy/epa.html.
ADEA—Age Discrimination in Employment Act of www.eeoc.gov/policy/adea.html.

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Title VII of the Civil Rights Act of 1964 
(Title VII) www.eeoc.gov/laws/statutes/titlevii.cfm  In addition, in April 2012 the EEOC issued a document called enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.  http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm

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Ban The Box information: Click Here
One trap employers should be careful of is failing to have an online employment screening release form that is separate from the rest of the application.
It must be completely separate and have no “distracting” language included.
Liability For Violations Of The FCRA
Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution.
FCRA/FACTA – Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA/FACTA) is the primary federal law governing background checks in the United States.
Under Title VII
http://www.eeoc.gov/laws/guidance/qa_arrest_conviction.cfm
Office Of Legal Counsel Testimony On Arrests And Convictions
http://www.eeoc.gov/eeoc/meetings/4-25-12/olc_testimony.cfm
Consumer Financial Protection Bureau (CFPB)
CFPB: PART 1022—FAIR CREDIT REPORTING (REGULATION V) Correction (for corrected sample forms)
FTC: FCRA/FACTA – Fair Credit Reporting Act Information
http://www.ftc.gov/os/statutes/fcrajump.shtm: Using Consumer Reports (What Employers Need to Know)
FTC
http://business.ftc.gov/documents/bus08-using-consumer-reports-what-employers-need-know
40 Years of Experience with the Fair Credit Reporting Act: An FTC Staff Report with Summary of Interpretations (July, 2011)
http://www.ftc.gov/reports/40-years-experience-fair-credit-reporting-act-ftc-staff-report-summary-interpretations
EEOC Guidance On Use Of Criminal Records
The U.S. EEOC (Equal Employment Opportunity Commission) is responsible for enforcing Title VII of the Civil Rights Act of 1964. An employer is covered under Title VII if it has at least 15 employees.
EEOC Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964
http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm
Liability Protection
Under the FCRA, an applicant/employee cannot bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against an agency, its customers, or any person who furnishes information to the agency if they are in compliance with the FCRA (except as to false information furnished with malice or willful intent to injure).
Questions and Answers About the EEOC’s Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions

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