In addition, regardless of the type of information the employer plans to gather, following are certain basic rules employers should follow:.
Verification of Previous Employment. Background Checks and the Law Handout. Unqualified Letter of Recommendation for Departing Employee. If you get background information for example, a credit or criminal background report from a company in the business of compiling background information , there are additional procedures the FCRA requires beforehand:. Any background information you receive from any source must not be used to discriminate in violation of federal law.
This means that you should:. When taking an adverse action for example, not hiring an applicant or firing an employee based on background information obtained through a company in the business of compiling background information, the FCRA has additional requirements:. By giving the person the notice in advance, the person has an opportunity to review the report and explain any negative information. Any personnel or employment records you make or keep including all application forms, regardless of whether the applicant was hired, and other records related to hiring must be preserved for one year after the records were made, or after a personnel action was taken, whichever comes later.
The EEOC extends this requirement to two years for educational institutions and for state and local governments. If the applicant or employee files a charge of discrimination, you must maintain the records until the case is concluded. Once you've satisfied all applicable recordkeeping requirements, you may dispose of any background reports you received.
However, the law requires that you dispose of the reports - and any information gathered from them - securely.
Background Check Procedures: State by State
That can include burning, pulverizing, or shredding paper documents and disposing of electronic information so that it can't be read or reconstructed. For more information, see "Disposing of Consumer Report Information? To find out more about federal antidiscrimination laws, visit www.
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The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex including pregnancy , national origin, age 40 or older , disability, or genetic information. The EEOC investigates, conciliates, and mediates charges of employment discrimination, and also files lawsuits in the public interest. For specific information on:. To find out more about federal laws relating to background reports, visit www. For specific information on employment background reports, see:. The FTC works to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to businesses to help them comply with the law.
Law on Hotel Background Checks Could Soon Be a Reality
Stop right here! A true, accurate nationwide nanny criminal background check cannot be done, as there is no publicly-accessible central repository for all federal, state and county level felony and misdemeanor convictions.
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Use of Social Security Number for a Background Check | perfnethabor.tk
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