Using Background Checks in Employment Checklist

by Practical Law Labor & Employment

A Checklist discussing key considerations for private employers when using background checks in employment. This Checklist provides guidance on navigating federal requirements, primarily under the Fair Credit Reporting Act (FCRA), when obtaining and using consumer reports and investigative consumer reports for employment purposes. It outlines critical compliance steps, including proper disclosure and authorization procedures, as well as the pre-adverse and post-adverse action notifications required when a report influences an employment decision. The Checklist also addresses Equal Employment Opportunity Commission (EEOC) guidance on the use of criminal records. Furthermore, this resource highlights the importance of understanding the appropriate scope of a background check, complying with various state and local laws such as "ban-the-box" legislation, and implementing written policies to mitigate legal risks like negligent hiring claims and ensure data confidentiality. This Checklist does not cover the special requirements for commercial drivers or background checks initiated by employment agencies or headhunters. For information about state law governing background checks, see the State Q&A Tool under Related Content.