The Federal Trade Commission (FTC) has issued an updated guide for employers regarding compliance with the federal Fair Credit Reporting Act (FCRA) when conducting background checks, as well as the Equal Employment Opportunity Commission’s (EEOC) guidance on the use of criminal history records for employment screening under Title VII of the Civil Rights Act of 1964. Read more here.
The publications featured by the FTC are the following:
- Background Checks: What Employers Need to Know – as the FTC calls it, this “joint FTC-EEOC publication offers dos and don’ts for businesses when looking into the background of prospective employees or current staff up for promotion, retention, transfer, etc.”; and
- Background Checks: Tips for Job Applicants and Employees – this publication is from the perspective of a job applicant or employee.
Given the amount of private litigation in this space, which I have previously discussed on this blog many times, including here and here, employers should be mindful of both the FCRA and EEOC guidance when conducting employment-related background checks. In addition, there are state consumer protection statutes that employers should be aware of. All of which can be successfully navigated if using the services of a reputable background screening company and working with experienced counsel.