To run a background check,one needs the prospective employee’s consent for military records, school transcripts, and credit reports. It goes without saying employers who want to perform a legal screening must follow specific rules. Credit reports have access limitations according to the Federal Trade Commission. Before you can check any background information, you need to be granted permission.
The FTC gives companies who check potential employees’ background information pertinent advice and guidelines. Employees may be required to provide certain information, but responsible filing and recordkeeping are necessary. If this is not ensured, a host of issues can arise, including identity theft.
Employers must prove to consumer reporting services that they informed the employee they planned to request a report on them. They also have to prove that they obtained consent to the screening in writing. They must do this before receiving and using any information. They also need to make a written summary of the person’s rights and a copy of the background report available at least five days before they make the decision to employ or reject them.
Risks of Illegal Background Checks
Hardworking employees are harmed by rejection as a result of illicit background checks. This is why a lot of people are nervous about being screened. Some of them will be so worried that they’ll take any job available even though the opportunities it offers do not align with their employment objectives.
Is there anything you can do if you’ve been rejected due to an erroneous report? You have the right to see the report and to know why the job offer was rescinded. You also have the right to let the background check service and your prospective employer know the information on your report was false. Prohibition to do this is a violation of FCRA requirements, which each and every employer is obligated to comply with.
FCRA law gives you the right to dispute use of information obtained through screening as well as the errors on the report. If you have a criminal record, your state of residence might have laws giving you extra protection. Laws limiting companies’ use of such information for employment purposes do exist and must be obeyed.
What is more, you have the right to legal counsel if you’re in this situation. We recommend getting in touch with a qualified attorneythat can defend your consumer rights against any background check company and/or employer that violates them by using screening information in the recruitment process unlawfully. You also have the right to dispute false data on your screening as a consumer.
It’s important to keep all this in mind. If you let it slide, your fear of the consequences of any future background check will stop you from applying for jobs that you want or for which you are skilled and suitable.
In sum, any potential employer must ask you for written consent to obtain your background information before they can get and use this information for hiring or any other purposes. Companies who proceed to commission a background check in the absence of that written consent are violating FCRA laws thatprotect consumer rights.
Continuing Failure to Obey the Law
Big and small companies alike continue to violate FCRA laws despite the latter’s specificity and clarity. This is regrettable as they’reonly setting themselves up as targets of legal action. On this basis, suits have the potential to be very successful because claims under the FCRA can be asserted on class action and on an individual level.
Background searches include police and court records, as well as credit reports, driving records, andreal estate property tax records. The legal framework is quite complex. You can help avoid breaking any laws by using a third-party service to perform checks on your behalf.