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LEGAL RESOURCES

Compliance You Can Trust

Navigating the complexities of FCRA and EEOC regulations to protect your business and your candidates.

Understanding Your Legal Obligations

Background screening is governed by strict federal laws. The Fair Credit Reporting Act (FCRA) dictates how consumer reports must be prepared and used. Additionally, the Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964, prohibiting discrimination based on race, color, religion, sex, or national origin.

Arrest vs. Conviction Records: We guide you through EEOC guidance on the consideration of arrest and conviction records to ensure fair hiring decisions.

Your Checklist Before Ordering

Before getting a consumer report, you must:

Notify The Candidate

Provide a stand-alone written disclosure to the applicant.

Secure Written Consent

Obtain signed written permission before ordering a report.

Certify Your Compliance

Confirm to SafeGuard that you have met all requirements.

Special Note on Investigative Reports: If you request an “investigative report” based on personal interviews regarding character or lifestyle, you have additional obligations to notify the candidate in writing.

How to Handle Adverse Decisions

If you intend to reject a job application or deny a promotion based on a report, you must follow this strict procedure to avoid liability:
  • Pre-Adverse Action:

    Before you take action, you must provide the applicant with a copy of the report and "A Summary of Your Rights Under the Fair Credit Reporting Act".

  • Post-Adverse Action:

    After taking action, you must give the applicant an oral, written, or electronic notice that includes the name/contact of the screening agency and a statement that the agency did not make the hiring decision.

Candidate Rights & Dispute Resolution

Under the FCRA, candidates have specific rights, including:
  • Right to Know:

    You may request and obtain all information about you in the files of a consumer reporting agency.

  • Right to Dispute:

    If you identify incomplete or inaccurate information, you have the right to dispute it. The agency must investigate unless the dispute is frivolous.

  • Identity Theft:

    Victims of identity theft and active duty military personnel have additional rights.

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