For employers, the (EEOC) U.S. Equal Employment Opportunity Commission’s criminal background screening guidance has created not only mass confusion, but serious hiring uncertainties on exactly how to conduct criminal background checks without significant legal risk to your organization.
Using proper consent and disclosure forms during your hiring process is one crucial step to staying out of a class-action lawsuit.
Here are seven tips for compliant consent and disclosure:
- Collect a written consent.
- Do not use release language that is legally not permissible.
- Combine your release and disclosure, within your application or combine other releases and notices that are non-related.
- Maintain a copy of the disclosure/authorization required by state and federal regulation.
- Have the Consumer Reporting Agency (Employment Screening Company) clearly listed, with their address and toll-free number, on the disclosure. This allows the applicant to contact the CRA for disputes and/or copy of report.
- Provide proper disclosures.
- Provide written notices to applicant.