Question:
Do we have to get permission to run a background check?

Answer from Kyle, PHR:

You certainly do! The Fair Credit Reporting Act (FCRA) requires you to get permission from an applicant or employee before conducting a background check. It also has specific notice requirements, such as providing the applicant or employee a summary of their FCRA rights and the appropriate adverse action letters if you decide not to hire them or terminate their employment because of the background check. A number of state laws also have background check requirements.

Legal requirements aside, telling applicants what to expect as part of the selection process is considered a professional courtesy, especially if you’ll conduct background checks or any other kind of screening that digs into history that may not be directly related to the work they will be doing.

You can learn more about background checks, including legal requirements, on the platform.

This Q&A does not constitute legal advice and does not address state or local law.

Kyle is a professional author, editor, and researcher specializing in workplace culture, retention strategies, and employee engagement. He has previously worked with book publishers, educational institutions, magazines, news and opinion websites, nationally-known business leaders, and non-profit organizations. He has a BA in English, an MA in philosophy, and a PHR certification.

Questions?
Vital Signs Insurance Services, Inc.
PO Box 6360
Folsom, CA 95630
Phone: (916) 496-8750
Email: [email protected]
Fax: (916) 496-8754

Question:
What do we do if we find a discrepancy in a background check?

Answer from Marisa, SPHR:

It depends on the seriousness of the discrepancy, whether the information is pertinent to the job itself, and whether the candidate would be ineligible for the position. You probably don’t need to make an issue of a minor variance like a candidate telling you they started a job in the month of April, but their background check saying they began in May. However, a major difference, such as the candidate apparently not having a college degree they claimed to have or a criminal history they didn’t disclose, likely warrants further review.

If you see a discrepancy, give the candidate an opportunity to explain. If you’re satisfied with their explanation and everything else is fine, you can proceed with the hiring process. If it turns out the candidate isn’t qualified for the job, wouldn’t be permitted to hold the position, or deliberately lied, you can withdraw the offer of employment.

If you end up withdrawing the offer, you will need to follow the requirements of the Fair Credit Reporting Act (FCRA) and any applicable state or local law regarding background checks. Among other things, the FCRA requires you to provide the candidate with a notice that includes a copy of the background check report you used, as well as a notice titled A Summary of Your Rights Under the Fair Credit Reporting Act. Applicants, candidates, and employees have a legal right to dispute incomplete or inaccurate information.

You can find more information about background checks and the FCRA on the platform.
This Q&A does not constitute legal advice and does not address state or local law.

Marisa has experience working in a wide variety of HR areas, including payroll, staffing, and training. Having supported HR functions in various industries, Marisa is able to apply her knowledge to each client’s particular situation. Marisa earned her B.S. in Business Administration and Communications from the University of Oregon. She loves movies, trying new restaurants, traveling, volunteering, and spending time with her three dogs.

Questions?
Vital Signs Insurance Services, Inc.
PO Box 6360
Folsom, CA 95630
Phone: (916) 496-8750
Email: [email protected]
Fax: (916) 496-8754