How Employers and Applicants Should Handle Adverse Action

If a company is running a background check for the permissible purpose of employment and the background check results lead an employer to reject an applicant or dismiss an employee, the employer is required to tell the applicant through an adverse action notice. Should you ever encounter this situation in your hiring, it’s important to understand and be prepared for your responsibilities as you pursue adverse action—as well as the rights of the applicant. 

According to the Fair Credit Reporting Act (FCRA)—adverse action is taken when an employer removes an applicant or employee from job eligibility due to the results of a background check. The FCRA has strict rules regarding adverse action to protect the applicants and hold the employers accountable. Employers who improperly take adverse action can face fines and even unfair-hiring lawsuits.

So how can you be certain that you are following adverse action protocols properly? There are a few key steps to remember in order to remove an applicant from consideration while protecting yourself from legal trouble. If you decide you want to take adverse action, here’s what you must be sure you do:

  1. Notify the individual and share the background report: As soon as you know you may take adverse action, you must notify the applicant of your intent with a pre-adverse action letter. One Source can help you prepare this letter. Keep a record of the letter itself, any attachments, and the date you sent it. With the letter, you must send a copy of the background check and a copy of their FCRA rights.
  2. Allow time for them to respond: Hang tight for a bit while the applicant reviews the background report. They have the right to address any potentially inaccurate information or clarify the points of contention on their record. The FCRA advises waiting a “reasonable amount of time”. A common practice is to wait five business days.
  3. Take another look: Consider the applicant’s response to your pre-adverse action notice. Did any information on their report get corrected? Did the applicant provide context that changes your understanding of their report? Look over the report one more time and see if you would still like to take adverse action. If you want to move forward with adverse action, you will have to prepare another letter to notify the applicant of your decision.
  4. Properly inform the applicant of adverse action: In your final adverse action letter, you must explain your choice and tell the applicant that they have the right to dispute your decision. Provide the necessary information for them to get another copy of their report. If you hire a background check agency like One Source, you also need to say that the choice to take adverse action was made by you, the employer, not the reporting agency. Be sure to keep a copy of the letter, its attachments, and the date you sent it. 
  5. Destroy sensitive documents: The FCRA requires employers to dispose of background check results securely. Shred or destroy paper copies of the background check, and be sure any digital copies are completely erased. Reports are kept within the One Source platform for at least two years from the date of order entry. 

One Source is always here to help you through processes like adverse action, and we can answer any further questions you have. Reach out to us today to learn more about our TotalCheck Solutions and how we can help you find the best applicant for your organization.

The Importance of Screening Child Care Providers

Of course, you want your children to be in as safe and nurturing of an environment as possible when you’re not with them. You must be able to trust your child care provider to not only keep your child from harm but provide ways for your child to learn and grow.

The most straightforward way to ensure your child care provider is dependable is to run a comprehensive background check on them. You can supplement with interviews and facility tours, but background checks are an essential foundation for trust.

Each state has its own set of screening requirements for child care providers, but it’s in your best interest to be thorough regardless of your local regulations. No matter where you are, One Source can quickly provide comprehensive screenings for your child care providers.

There are federal laws outlining what screenings child care providers should undergo—these may be applied in any state and can offer a full understanding of who a potential child care provider is. Federal background check requirements for child care workers include:

  • A Federal Bureau of Investigation (FBI) fingerprint check to ensure a child care provider has no history of convictions that may put a child at risk.
  • Search of the National Sex Offender Registry.
  • Search the criminal registries of every state the provider has lived in the past 5 years (fingerprints are required in the state where the child care provider lives right now).
  • Search state sex offender registries of every state the provider has lived in the past 5 years.
  • Search child abuse and neglect registries of every state the provider has lived in the past 5 years.

FBI fingerprinting can take a while, but it is a required and thorough search for child care providers. While you’re waiting for the results of fingerprinting, One Source can complete the rest of the screening requirements plus additional checks about the background and education of your child care provider. We also suggest screening or asking about the screenings of those who interact with your child care provider, including:

  • All adults living in a home-based child care center.
  • All child care center staff members, including directors, teachers, caregivers, bus drivers, janitors, kitchen staff, and administration.
  • Every adult volunteering at your child care center who will have unsupervised access to your child.
  • Sports, art or dance instructors or any other adult who may have unsupervised access to your child.

It likely doesn’t make sense for you to personally screen each of these people, but you should definitely ask your child care provider if each of these individuals has been screened and if you can see the results. All child care providers must meet screening requirements, whether they are licensed or not. So, you should always be able to screen your child care providers and ask for proof of background checks for everyone who works in their facility.

Above all, you want to keep your children safe, and One Source is here to help you. Our comprehensive background checks are completed in no more than a few days so you can make a confident choice about where to send your child. If you have further questions about background checking child care providers, please reach out to our Client Relations team.

Tips to Prepare Your Hiring Process for 2021

If your organization has needed to change and adapt its hiring process in 2020, you’re not alone. The pandemic has brought forth previously unforeseeable challenges including furloughs, layoffs, hiring freezes and more. Whether your organization has taken any of these measures or not, the events of 2020 have likely caused you to rethink your priorities and methods.

Preparing for the future—and all its uncertainties—means focusing your efforts and finding efficiencies. One Source can help you find ways to smooth out your hiring process and strengthen your security while hiring the best candidates for you. Below are some of our tips for how you can prepare and hone your hiring process so your organization can thrive—whatever lies ahead.

Streamline the Applicant Experience

The increase in unemployment in 2020 has created an influx of applicants and a scarcity of open positions. Don’t be surprised to see higher numbers of applicants for any opening you post in 2021, just make sure you’re ready to manage the uptick. 

Regardless of whether you hire a certain individual, their application and interview experience will impact their perception of your organization. The best way to give your applicants a positive experience is to make the applying, interviewing and screening processes efficient. You can build automated emails that keep candidates updated about the status of their application or background check and also schedule interviews. Automating some simple communications will allow you more time to personalize other communication with your applicants. This can help you and them feel organized and allow you to familiarize them with your company culture.

Keep Tabs on Compliance

Guidelines for not only hiring, but also workplace health and safety are evolving every day. As the pandemic continues to shape our daily lives, the recommendations of the Equal Employment Opportunity Commission (EEOC) and the Centers for Disease Control (CDC) will change to reflect our circumstances. To make sure your organization doesn’t miss anything, develop a system to monitor messages from entities that influence your hiring. 

One recent guideline to note from the EEOC is the “direct threat standard,” which changes how employers can use health-related questions. Usually, employers can’t ask about medical conditions because of the Americans with Disabilities Act. Now, however, the direct threat of the pandemic allows employers to require health screenings in order to minimize COVID-19. If infection rates decrease, this guideline could be removed. 

We aren’t sure what the next year will look like, but we can still plan ahead. Make sure your organization is meeting all local mask requirements, is aware of potential policy changes in your area and ready to embrace change. At One Source, we can help you prepare your hiring strategy to be adaptable by tailoring your background check plan to your specific needs. If you have any questions about how you should approach hiring next year or how you can streamline your screenings, contact our Client Relations team or visit the Solutions tab.