Atlanta Georgia

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Hours of operations:
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ACI Background & Pre-employment Screening FAQs

What is a background screening?

Background screening is process of validating information provided by employees or job applicants to ensure that those with criminal records, violent background, and undesirable past are kept out of the workplace environment in other to reduce the risk of negligent hiring or negligent retention.  All background screening designed for employment purposes must comply with the Federal Credit Reporting Act.

 

What is FCRA and what is it role in the background screening process?

Federal Credit Reporting Act is the law that governs the consumer reporting process.  The law was put in place by Congress to protect consumers as well as employers. 

 

What are the liabilities for violating FCRA?

Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution.

 

What is FCRA’s process to order background checks for employment purposes?

  • FCRA require employers to certify to the Credit Reporting Agency (CRA) that it will follow the FCRA rules and regulations. 
  • The employer must obtain written consent from the employee or applicant and provide him/her with a clear and conspicuous written disclosure that a background report may be requested.
  • Employers must provide a copy of the Consumer Report and Notice of Consumer Rights before taking adverse action against the employee or an applicant.
  • Sex Offender Registry Check
  • FCRA require employer to Provide oral, written or an electronic notice of the adverse action to the employee /applicant.  The notice must show the name, address and telephone number of the CRA that furnished the report.

 

What are the obligations of the employer when consumer reports are used for employment purposes?

If information from a CRA is used for employment purposes, the user has specific duties, which are set forth in Section 604(b) of the FCRA. The user must:

  • Make a clear and conspicuous written disclosure to the consumer before the report is obtained, in a document that consists solely of the disclosure, that a consumer report may be obtained.
  • Obtain from the consumer prior written authorization to order a consumer report.
  • Certify to the CRA that the above steps have been followed, that the information being obtained will not be used in violation of any federal or state equal opportunity law or regulation, and that, if any adverse action is to be taken based on the consumer report, a copy of the report and a summary of the consumer's rights will be provided to the consumer.
  • Before taking an adverse action, the user must provide a copy of the report to the consumer as well as the summary of consumer’s rights.

What are the obligations of the employer when investigative reports are used for employment purpose?

Investigative consumer reports are a special type of consumer report in which information about a consumer's character, general reputation, personal characteristics, and mode of living is obtained through personal interviews by an entity or person that is a consumer reporting agency.  Consumers who are the subjects of such reports are given special rights under the FCRA. If a user intends to obtain an investigative consumer report, Section 606 requires special procedures.

 

Are there special rules for employers interested in obtaining medical information?

FCRA limits the use of medical information obtained from consumer reporting agencies (other than payment information that appears in a coded form that does not identify the medical provider). If the information is to be used for an insurance transaction, the consumer must give consent to the user of the report or the information must be coded. If the report is to be used for employment purposes – or in connection with a credit transaction (except as provided in regulations issued by the banking and credit union regulators) – the consumer must provide specific written consent and the medical information must be relevant. Any user who receives medical information shall not disclose the information to any other person (except where necessary to carry out the purpose for which the information was disclosed, or as permitted by
statute, regulation, or other). 

 

What is the return on investment?

According to the U.S. Small Business Administration, for every dollar an employer invests in employment screening, the return on investment ranges from $5 to $16, resulting from improved productivity, safer working environments, reduced absenteeism, lower turnover, lower insurance premiums and decreased employer liability.

 

Can the employee or applicant dispute the accuracy or completeness of information in a report?

Yes.  Employees or applicants have rights to dispute the accuracy or completeness of information in a background screening report. Once the dispute is raised, the CRA has an obligation to reinvestigate the matter.  This is required by the FCRA. 

 

Does background screening discourage good applicants?

The process does not discourage good applicants.  Employees or applicants have the desire to work with qualified, safe co-worker and safe environment. A good candidate understands that background screening is a good business practice that helps everyone.


Does background screening invade the privacy of employees or applicants?

The process does not invade the privacy of employees or applicants.  The process requires the consent of the employee or applicant before employers can legally order a CRA to execute background screening on any employee or applicants. Employees are just as anxious as employers to work in a safe environment with qualified and honest people.

 

What are my obligations when disposing background screening records?

Federal Credit Reporting Act requires all users of consumer report information to have in place procedures to properly dispose of records containing this information.

 

Is background screening expensive?

The cost of doing a background screening ought to be viewed as an investment.  The cost of just one bad hire can reach over $100,000 in legal fees which does not include the cost to restore moral lost productivity, replacement cost and judgment award. 

 

Does background screening delay hiring?

No. Background screening is normally done in just 48 to 72 hours. Most of the information needed is not stored in databases and must be obtained by going to courthouses or calling up past employers or schools.

Occasionally there can be delays that are out of anyone's control, such as previous employers who will not return calls, schools that are closed for vacation, or a court clerk that needs to retrieve records from record repository.

 

Is background screening legal?

Employers have an absolute right to conduct lawful pre-employment screening in order to hire the best-qualified candidates. A federal law called the Fair Credit Reporting Act (FCRA) balances the right of employers to know whom they hire with an applicant's right of disclosure and privacy. Under that law, the employer first obtains the applicant's written consent to be screened. In the event negative information is found, the applicant must be given the opportunity to correct the record. Employers should set up a consistent policy so similarly situated applicants are treated the same.




 

 

ACI Security & Investigations

1200 Abernathy Road NE, Suite 1700

Atlanta, Georgia. 30328

Local Phone: 678-444-4172

Nationwide Toll Free: 1-800-908-8130

Fax: 1-800-901-6142