Background Checks are Affected by the Joint Guidance

When the Equal Employment Opportunity Commission (EEOC), the U.S. Federal Trade Commission (FTC) and the Fair Credit Reporting Act (FCRA) are mentioned, it can cause business leaders to start wondering what’s the next new employment law or guidance to come down regarding background checks. 

The latest involving these three entities is a new joint publication by the FTC and the EEOC that talks about how the FCRA and the mandate to comply with anti-discrimination laws intersect when employers utilize background checks in personnel decisions. 

These best practices guidelines are intended for employers, employees and job applicants.  For employers, the FTC and EEOC have developed a guidance that provides recommendations on the steps employers should take before obtaining background information on employees or potential candidates; how they should use this information that they obtain; and how they should dispose of the completed background checks.  For employees and candidates, there is information on reporting possible discrimination based on the way the information is utilized from background checks.

For employers:  Background Checks:  What Employers Need to Know

For employees/job applicants:  Background Checks:  What Job Applicants and Employees Should Know