Compliance in the background screening industry works in two directions:
There are certain situations in which governmental and regulatory bodies require employers to perform background screenings on prospective employees and that those screenings meet certain standards of thoroughness and detail. This includes agencies like the Securities and Exchange Commission (SEC), the Department of Transportation (DOT), the Federal Aviation Administration (FAA), and the Nuclear Regulatory Commission (NRC), among others.
There are certain restrictions and standards which must be abided by in performing screenings in order to protect the rights and privacy of the individuals being screened. For instance, the Federal Fair Credit Reporting Act (FCRA) seeks to ensure privacy, fairness, and accuracy of information in the files of each and every consumer reporting agency.
There are also agencies, laws, and regulations which seek to prevent discrimination against certain individuals, such as workers with disabilities, who have protection under the Americans With Disabilities Act (ADA). In addition, some states enact their own rules separately from the federal government. These rules must be followed if results of searches are reported in those states or individuals being screened reside there.
To make sure our clients are in compliance with all the rules and laws that apply to them, and to protect them from fines and other actions resulting from being out of compliance, our staff is trained in and familiar with the applicable acts and provisions that govern our industry. We provide information documents and templates of letters and forms necessary to meet these requirements, and are happy to discuss with you further how you can stay well within the letter of the law.
Some of the applicable acts, laws, and agencies we monitor for your protection are:
- Federal Fair Credit Reporting Act Compliance
- Americans With Disabilities Act Compliance
- California Consumer Credit Law Compliance
- California AB655 Requirements and AB1068 Amendments
- Canadian Reporting Regulations Compliance