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Verified Credentials Dec 5, 2019 12:00:00 AM
As an employer that conducts background checks, you’re probably familiar with the federal Fair Credit Reporting Act (“FCRA”) and know that there’s certain obligations you may have under it (as well as under its state and local counterparts).
But did you know that by improperly using background checks, even if you fully comply with the FCRA to obtain those checks, you could find yourself in hot water with the Equal Employment Opportunity Commission (EEOC), the agency responsible for enforcing federal anti-discrimination laws.
In a joint statement with the Federal Trade Commission (FTC), one of the federal agencies that enforces the federal Fair Credit Reporting Act (FCRA), they want to make sure employers don’t use background information to discriminate against employees and applicants.
To read the full statement, click here.
According to the statement, when using background information to make employment decisions, “you must comply with federal laws that protect applicants and employees from discrimination. That includes discrimination based on race, color, national origin, sex, or religion; disability; genetic information (including family medical history); and age (40 or older).” This is true regardless of how you may receive the information. Even if you don’t partner with a background screening company, you should still be cautious that you don’t use background information you discover in a discriminatory manner.
To help employers think critically about their responsibilities under federal anti-discrimination laws, the EEOC has issued the following recommended guidelines:
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