Your Duty as an Employer
The Fair Credit Reporting Act (FCRA), under Section 613, imposes specific obligations on employers and firms conducting background checks. These obligations ensure that any criminal record information used in hiring decisions is both accurate and obtained in a manner that complies with the law. Employers must take reasonable steps to verify the accuracy of criminal records, as inaccurate data can lead to unfair hiring decisions.
Arrest vs. Conviction
An arrest is not the same as a conviction, and this distinction is critical for employers to keep in mind. While all 50 states have laws prohibiting the use of arrest data alone for employment purposes, the rules vary by jurisdiction. Most states allow the use of conviction records, but only if the data is reported accurately and is relevant to the job. For example, a conviction from decades ago may not be as significant as a recent one, and employers should consider the nature of the offense and its relation to the position.
Ensure a Qualified Hiring Team
Employers should ensure that their hiring teams are well-trained and equipped to handle criminal record information responsibly. This includes understanding state laws, verifying data accuracy, and avoiding discrimination. Intelligent screening firms can play a key role by providing up-to-date, comprehensive reports that meet legal standards.
Make Records Work for You
The presence of a criminal record can significantly impact an applicant’s suitability for a role. However, employers must adhere to FCRA requirements, which mandate that background screening procedures are fair and consistent. This means obtaining data from reliable sources, ensuring it is complete, and giving applicants a chance to address any inaccuracies. For instance, some states require employers to notify candidates of adverse actions based on criminal history, allowing them to respond before a final decision is made.
Intelligent and Lawful Screening in Action
To comply with FCRA, employers and screening firms need to implement intelligent hiring practices. This involves using technology to cross-check records, ensuring data is current, and maintaining strict procedures to protect consumer information. By doing so, employers can make informed decisions while minimizing the risk of legal challenges or unfair treatment.