Tag Archive for: Guide

Keeping Up with FCRA Compliance Requirements

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HR leaders have to stay in front of a lot of regulatory concerns. Maintaining compliance with the Fair Credit Reporting Act (FCRA) with background checks is undoubtedly one of them.

FCRA in the beginning

According to the Federal Trade Commission (FTC), the FCRA was enacted in 1970 to regulate the practices of consumer reporting agencies (“CRAs”) that collect and compile consumer reports for use by certain third parties, including employers.

The FCRA has seen amendments since its inception, but the intention remains the same – to keep the use of consumer information fair and allow space for consumer privacy. The Electronic Privacy Information Center states the Act does this through “…rights of data quality (right to access and correct), data security, use limitations, requirements for data destruction, notice, user participation (consent), and accountability.” For employers, the FCRA has created specific requirements that must be maintained.

Staying in compliance

The requirements imposed on employers that procure background reports are muddled with gray areas. Compounding the confusion is the fact that the FCRA can be supplemented by state and local laws. These laws can be amended, and they are subject to reinterpretation. Because of the changing nature of the FCRA, as well as state and local laws and regulations, the best way to stay compliant is to regularly consult your legal counsel. We’ve also compiled a short checklist with a few basic requirements to help you think about obligations under the FCRA

Download the FCRA Background Screening Compliance Checklist to help you get started thinking about your compliance requirements ››

If you want to learn more about what One Source’s FCRA-compliant background checks are all about, schedule a consultation today.

 

One Source’s Guide to Simplifying the Individualized Assessments Process

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In 2012, the Equal Employment Opportunity Commission (EEOC) published new guidance for how employers should respond to arrests and conviction records on background checks. These rulings are over eight years old. However, they have a ton of influence over how employers can ethically manage their hiring practices. The key to these EEOC rulings is a practice called individualized assessment process.

The individualized assessment process allow candidates with criminal records to explain how their record will not affect their job. Many people with criminal records can excel in certain roles, and individualized assessment exists to give them a fair opportunity for work.

The goal of individualized assessment is to give those with criminal records the chance to move beyond their past while also protecting employers. Paying specific attention to applicants who would like to contextualize their arrests or convictions does take more time and resources. However, your extra time could give someone the opportunity to start a new life while keeping those whose crimes would interfere with their work away from your organization.

Individualized assessments are all about the balance between giving all candidates a fair chance and protecting your organization. It is ethical and honorable to ensure you give every candidate a fair chance, but there are ways to simplify the individualized assessment process.

The easiest way to streamline the individualized assessment process is to know what to ask when a candidate has a criminal record. Prior to an interview, you should evaluate the nature and gravity of the candidate’s offense, determine how long ago the offense occurred and consider whether the offense has any relevance to the job they applied for. These three considerations are called the “Green factors” after the court case in which they were created. You can learn specific offenses and when they happened in the candidate’s One Source background check.

Once you have established each of the “Green factors” and discussed them with your team, you can then open up the conversation to the job applicant. Ask them to provide context for the offenses in question and give them a chance to explain themselves.

The best thing you can do to hire ethically and fairly while still keeping your organization safe is to listen to your applicants. Not all criminal records should leave someone unemployable forever. If the crime doesn’t relate to the nexus of the position, they could certainly excel.

You can stay efficient and give all applicants a fair chance with tools offered by One Source. Our online portal offers places for applicants to provide context for their records and a place for you to see if they meet your company requirements. With our help, you can offer individualized assessments to those who need it without slowing down your hiring process. One Source is committed to helping you find the right employees in a timely manner while hiring ethically. If you have any questions about background check ethics or hiring practices, please reach out to the One Source Client Relations team.

A Guide To Screening Contractors and Contingent Workers

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Whether you’re a business owner in search of a consultant or a school superintendent looking to renovate, you’ll need to find and hire a contractor. Contractors, or contingent workers, follow a unique format of employment that depends on the expectations of those who enlist their services.

Since contractors are hired on a temporary, project-to-project basis, it can be unclear whether they should be subject to screenings like full-time employees. Contracting agencies often run background checks on individuals before they can join the agency. However, it’s impossible to know if those checks match your organization’s screening standards.

If you hire contractors, get in touch with a screening solutions provider that complies with the rights of contractors while still upholding your screening standards. Below we’ll discuss some rules about screening contractors and contingent workers to ensure you find the best contractor for your needs.

How should I handle contractor screening?

In order to decide the best background check process for contractors, think about the nature of your organization and what you expect of each contractor.

Some questions to consider as you outline your contractor screening policy include:

  • Is your organization regulated by any federal or state screening requirements?
  • Will the contractor interact with any vulnerable populations like children or the elderly while working on your property?
  • Could the contractor potentially have access to your organization’s sensitive information?

Determining the level of access a contractor will need and considering your industry’s screening regulations will clarify the kind of background check you should choose for contractors. When in doubt, follow the same screening policy you use for full-time employees. This ensures everyone working for you is screened equally and helps prevent discrimination claims.

What should I look for on a contractor’s background report?

At One Source, we provide simple, efficient contractor screening solutions to help you choose the right contractors for every job. It can sometimes be tricky to determine on your own what a background report really means, but we work with you to take the guesswork out of the entire process.

When you receive a certified contractor report from One Source, you will see if he or she does or does not meet our requirements. This way, you can quickly determine whether to hire a certain contractor. Your project will begin sooner and your organization remains safe with the contractor you choose. That’s just a beginning guide to screening contractors and contingent workers. 

To learn more about One Source’s contractor screening offerings, reach out to the One Source Client Relations Team.

A Beginner’s Guide To Completing Background Checks

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You found the best applicants. What’s next?

Growing businesses often reach a point where their workload exceeds the time of their staff. When that point approaches, managers must consider recruiting and hiring new team members to meet the rising demand.

Growth opportunities are an exciting sign of progress, but expansion comes with responsibilities and potential liabilities. Minimize risk and hire with confidence by running background checks on your job applicants as part of your hiring process.

If you are new to background check procedures, follow this beginner’s guide to completing background checks. Then, we will help you establish an efficient, transparent process for screening your new employees.

Choose a background check agency

No matter the needs of your company, your hiring team can benefit from a partnership with a background check agency. Companies that specialize in background checks offer unique resources and insights to guide you through the entire screening process. Build a relationship with an agency early in your company’s life to set a solid foundation for future hiring.

Your screening agency should be compliant with the Fair Credit Reporting Act (FCRA), offer accessible and responsive customer support, customize its services to your needs and provide cost-effective and timely reports.

Explain your screening process to candidates

The FCRA and screening best practices oblige you to maintain transparency with applicants. Before you begin screenings, clarify to candidates why a background check is necessary and how the report can affect their employment.

You and your background check agency will set packages and searches based on your needs and industry. You will then establish an employment policy and guidelines for your screening process. Make these guidelines available to potential applicants so they can decide whether or not to pursue a position. When applicants are aware of the potential consequences of their reports, give them an FCRA-required consent form that they must sign for you to proceed with screenings.

Gather information from applicants

Once candidates know how you will use their report and submit their signed consent form, your background check agency may begin searching their records. Most agencies will check local, state and national criminal records, sex-offender registries, watchlists and identity verification records. The more information about your applicants you can provide to your agency, the more comprehensive and accurate the reports will be.

A full name, a Social Security number and a birthdate can be enough information for a basic background check. However, to get more specific results and maximize accuracy, it can be helpful to provide a current address. Driver’s license numbers or passport numbers may be also required for driving record checks or international watchlist checks.

Review and interpret the report

Your background check agency will present you with their findings and should be available to answer any of your questions about the contents of the reports. As you review their results, refer to the guidelines and employment policy. Your company established for acceptable background reports to stay aligned with your requirements.

If the results of an applicant’s report are the reason you choose not to hire them, you must notify them and explain how the report influenced your decision. At that point,  they will have an opportunity to dispute the report before you move forward with your remaining applicants.

With that, you now have your beginner’s guide to completing background checks. Now what?

To kick off your background check process, contact One Source Client Relations and start hiring with confidence.

The 5-Step Guide To Starting Your Company’s Background Check Process

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As your business grows, your team must expand to support new demands. Hiring can be an exciting process that adds bright new perspectives to your processes and bolsters your company’s integrity. However, uninformed hiring choices can have a negative impact on your team. So, deciding who to trust with the growth of your organization is crucial.

Pre-employment background checks offer valuable information that allows you to make more knowledgeable choices about your future employees. If your business has a minimal background screening process or no screening process at all, you should consider formalizing your background check policies before you make your next hiring decision. An official background check process makes hiring more streamlined and offers transparency and honesty to applicants.

Follow this step-by-step guide to create a reliable background check process for your company.

Step 1: Take inventory of your needs

Before you can choose a background check company or move forward with specific screening policies, you must decide what you want to get out of a background check process. First, identify reasons why you should screen applicants for various positions. Different jobs may require different levels of restriction and security. You can then tailor your background check policies to your company’s different job descriptions.

Also, you should decide early on how much you are able to budget for background checks. It’s less costly to pay for diligent background checks than to deal with potential increased liability of not screening.

Step 2: Understand and comply with background check laws

Job applicants have distinct rights during the background process. While a background check company will help you comply with laws, it is important for you to understand the rights and privacy privileges of your applicants.

The Fair Credit Reporting Act (FCRA) is the primary regulator of how reports are used by employers. The FCRA ensures that applicants are aware you are screening them and places responsibilities on the employer to protect the privacy of applicants.

Step 3: Clarify your policies

Once you recognize your company’s background check needs, team up with your legal counsel to mockup an applicant screening policy. That policy should inform applicants about which background check company is running the checks, what types of screenings will be run, how the information in their report will affect decisions and how disputes will be handled. It is also a good practice to offer applicants with an explanation of which offenses will bar them from certain positions.

Step 4: Find a company that fits your needs

When choosing a company to run background checks for you, consider the role you want the company to play in your hiring process. Full-service background check companies can be reliable partners throughout hiring that will help you interpret results and ensure you make informed decisions. Online background check services offer quick results but are less hands-on and may not be FCRA compliant.

No matter what you choose, verify the service you enlist is compliant with FCRA and accredited by the Professional Background Screening Association (PBSA).

Step 5: Know what to do with information from a report

Based on the background check policy your company created, you will have guidelines on how to respond to certain charges on an applicant’s report. If you decide to remove an applicant from consideration due to information on their report, you are taking adverse action. When taking adverse action, you must notify the applicant of your decision and provide reasoning for it.

If you have any further questions about how to proceed, contact your background check company. Also, you can get in touch with One Source’s Client Relations Ream today.

One Source Guide: NE DHHS Online Portal

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