Our Project Manager ensures that all background screening reports are compliant with all Federal and State laws. He or she also conduct random audits on clients to validate their compliance as well.
Law updates procedures including: FCRA, FCRA state analogues and changes in laws that impact the screening process
Employers Choice Screening has been a member of NAPBS (National Association of Professional Background Screeners) since 2004. NAPBS offers instructional webinars once month having to do with the background screening industry and specifically new laws effecting FCRA and state employment laws. Employers Choice Screening also hosts webinars educating clients and other background screening firms on best practices and sections of the FCRA most important to employers and employees.
Law updates client communication
Employers Choice Screening utilizes webinars and email blasts to keep our clients up to date with new laws affecting employment background screening both federally and within their respected state.
Has your company been part of any legal action regarding non-compliance?
No, Employers Choice Screening has never been named in legal action regarding non-compliance.
Has your company settled any non-compliance legal action out of court?
No, Employers Choice Screening has never settled non-compliance legal action outside of court.
Have you ever had a successful state grievance filed against you? If so, elaborate on those filed, the state, and the outcome.
No, we have not had a state grievance filed against us.
Pre-Employment Screening Laws Experience
- Employers Choice Screening background investigators have had extensive training dealing with the FCRA and state specific laws. Employers Choice Screening conducts quarterly educational webinars for our clients explaining the FCRA and our client(s)’ obligations under the law.
- Employers Choice Screening has been a member of NAPBS (National Association of Professional Background Screeners) for seven years. NAPBS is a trade organization aimed to promote best practice standards for employment background screening companies. On a weekly basis, Employers Choice Screening is updated on new laws regarding employment background checks. All of Employers Choice Screening disclosure forms are reviewed monthly to ensure compliance with any new federal/state laws.
- Through Employers Choice Screening membership with NAPBS, the company receives a yearly updated compliance guide for all 50 states pertaining to specific laws governing employment background checks.
- Employers Choice Screening provides all compliance forms (releases, applicant notices, and end user certifications) to clients once they sign up for our services. Employers Choice Screening ensures full compliance with all Federal and State laws.
- Employers Choice Screening has a monthly newsletter available to our clients, informing them of legal updates, articles dealing with background checks, and a tip of the month (strategies we recommend clients use for their background screening needs). Our blog is dedicated to the background screening industry.
Legal Compliance Explanation
Employers Choice Screening follows the law of the FCRA (Fair Credit Reporting Act) which governs what background screening companies may report on pre-employment background reports. We provide a copy of the FCRA “Summary or Rights” to all employers, and instruct them to give a copy to each and every candidate they run a background check on. Most importantly is the release and disclosure form completed by the candidate authorizing the employer to conduct a background check on them; however, there are specific states laws that restrict pre-employment background checks and what credit reporting agencies may report. Oregon does not have state law equivalent to the Fair Credit Reporting Act. Oregon’s Open Records statute permits any person to inspect and copy certain public records (Or. Rev. Stat. 192.420). No Oregon statutes have been located that restrict a consumer reporting agency’s ability to obtain or report about conviction record information.
Employers Choice Screening is a member of the National Association of Public Background Screeners (NAPBS) since 2004. The NAPBS is a trade organization which promotes consistency and best practice standards to credit reporting agencies nationwide. NAPBS always updates and informs their members of any new state law or legislation that may affect the background screening industry. In addition, our account representatives constantly have a pulse on new law and statutes that are being discussed in congress.
Employers Choice Screening maintains a complete 50 state compliance guide that is updated and maintained on a daily basis. New state requirements and disclosures are retained in this guide.
We provide required disclosure and authorization forms to conduct background checks; however, we are not attorneys and don’t provide any legal advice whatsoever.
Anytime Employers Choice Screening is made aware of a change in law or any specific statute, we alert all of our clients immediately via email blast or via monthly newsletter, which is updated with new laws or compliance issues.
Upon receiving a criminal record from our court researcher, a full quality assurance is conducted on that case. First, all identifiers will be looked at and matched for accuracy (name and DOB match the subject of the report). In some cases, a social security number or a home address may be used in identifying a criminal case. After determining that the defendant in the case is the subject of the report, the disposition of the case must be reviewed. If a guilty verdict was found or the defendant pled “no contest,” the next step is determining if the case falls within the seven year reporting period. If the case falls within the last seven years and has been positively associated with the candidate, that case will be reported to the employer.
Employers Choice Screening retains all candidate information for six years on our secure server.