While your company will bear ultimate responsibility for compliance, we’re here to advise you. Criminal background checks must comply with the Fair Credit Reporting Act (FCRA), Federal Trade Commission (FTC), Equal Employment Opportunity Commission (EEOC) guidelines, as well as local, state and federal fair hiring (ban the box) laws.
Some key considerations:
- Become familiar with all laws regarding criminal background checks, as well as with industry-specific regulations.
- Develop a company policy to ensure fair and consistent criminal checks.
- Notify candidates of criminal background checks and give them the opportunity to present their specific case before running a check.
If a background check compels you to deny employment, follow the steps outlined by the FCRA to ensure the Adverse Action Process is followed. Some local laws also outline specific steps for adverse action.