This is the third and final in our three part series on responsible background screening. The first part covered End Users and Permissible Purpose; the second covered Disclosures and Authorizations and this final section covers Evaluation, Decision, and Compliance Checklists.
Evaluation: Using Criminal Records in the Hiring Process
On April 25, 2012, the Equal Opportunity Commission (EEOC) released its Enforcement Guidance Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964. The purpose of the guidance was to shore up the Agency’s efforts against discrimination in the workplace based on disparate impact against persons with criminal records—potentially requiring employers to demonstrate business necessity before criminal searches are conducted.
(Read our blog – a Fair Chance for Applicants-the Rise of Ban the Box Legislation to learn more).
Decision: The Adverse Action 2-Step
FCRA § 603(k) defines the term “adverse action” to mean the denial, cancellation, increase of cost or any other “undesirable” outcome for a consumer when used in conjunction with an offer of insurance, credit, employment, licensure, or any other permissible purpose a consumer report can be used for. To comply with the requirements of FCRA § 604 and § 615, employers are required to deploy a two-step adverse action process prior to taking adverse action to provide the applicant an opportunity to review the consumer report and to dispute the accuracy of any content they feel is not accurate.
Your company or organization should regularly consult with your legal team to confirm your adverse process is current and compliant.
A-Check highly recommends that our clients develop a Background Screening Policy, ensuring a consistent process is in place that can be audited and modified when necessary. A policy is not required but will go a long way in providing a defense to an organization that experiences a legal complaint from an applicant. An adequate background screening policy should contain a company-wide, streamlined process that includes standard operating procedures and current, compliant forms. Contact our Client Relations Department to receive a complimentary Policy Kit to help you get started.
Remember, if you ever have any questions about any of the material we have covered don’t hesitate to reach out to our team at firstname.lastname@example.org.