Complete Compliance Guide to FCRA and State Background Check Laws
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Complete Compliance Guide to FCRA and State Background Check Laws
Employment background checks can involve a complex combination of federal, state, and local requirements. Employers using consumer reports for hiring and other employment decisions should understand the Fair Credit Reporting Act (FCRA) as well as applicable state and local background screening requirements.
The Complete Compliance Guide to FCRA and State Background Check Laws provides employers with practical guidance and resources for building a more organized employment background check process across all 50 states.
Employers may use background screening reports from a variety of sources, including criminal history records, credit reports, motor vehicle records, education verification, professional licensing information, and other reports provided by third-party consumer reporting agencies. The requirements that apply can depend on the type of report, how the information will be used, and the jurisdiction involved.
What's Included
- Guidance on the federal Fair Credit Reporting Act (FCRA)
- 50-state background check guidance
- Written disclosure templates
- Background check authorization forms
- Employer certification materials
- Pre-adverse action notice
- Summary of consumer rights
- Final adverse action notice
- State-specific forms and resources
- Practical guidance for managing the background screening process
Support a More Consistent Background Check Process
The guide is designed to help HR professionals, hiring teams, and employers understand the steps involved when obtaining and using consumer reports for employment purposes.
By bringing federal FCRA guidance and state-specific resources together, employers can more easily identify the documents and procedures that may apply to their background screening practices.
Requirements can vary based on the employer, position, type of background check, and jurisdiction. Employers should review the materials for applicability to their circumstances and consult qualified legal counsel regarding specific background screening or compliance questions.
This FCRA/ICRAA Packet and any information contained herein is provided for informational purposes only, and does not constitute legal or tax advice. Any document(s) and information should be reviewed by your respective legal counsel for the state(s) and local jurisdiction(s) in which your employees work and/or in which you operate to ensure compliance with all applicable federal, state, and local law, and to ensure that it is appropriate to your particular situation. This packet contains a non-exhaustive overview of applicable state and local laws and does not include a complete explanation of each law referenced in the materials. Note that state and local laws are regularly updated and new laws are implemented; therefore, you should review all relevant laws in effect for any changes. The materials are intended for personal use only and distribution without fpSOLUTIONS’ express written consent is prohibited.