BackCheck recommends that our customers be familiar with obligations relating to the FCRA, ADA, EEOC and Civil Rights Act and other employment based legislation as it varies from state to state. BackCheck offers the following information as a guide only. For a detailed review of your internal compliance procedures, or to notify BackCheck of a policy change, please contact your Account Executive to arrange a consultation.

Fair Credit Reporting Act (FCRA)

BackCheck operates in strict compliance with the Fair Credit Reporting Act (FCRA) to ensure the privacy of your future employee as well as to reduce your risk. Amendments to the Act - effective September 30, 1997 - benefit consumers by strengthening privacy provisions and defining more clearly the responsibilities and liabilities of businesses that provide information to - and access data from - Consumer Reporting Agencies, such as BackCheck.

We encourage you to become familiar with the FCRA. The following is provided for your reference.

For staff opinion letters regarding the FCRA produced by the Federal Trade Commission please visit http://www.ftc.gov/os/statutes/fcra/index.htm

For the complete text of the FCRA, go to: http://www.ftc.gov/os/statutes/fcra.htm

For a summary of employer obligations under the FCRA, go to: http://www.ftc.gov/bcp/conline/pubs/buspubs/credempl.htm

For a summary of consumers rights under the Fair Credit Reporting Act, follow this link:
Summary of Consumer Rights FCRA - PDF Formart

The FCRA requires that employers provide a written notice of action if information obtained by agencies such as BackCheck is used as part of a decision not to hire an applicant. For your reference, we have attached a Sample Adverse Action Letter.

Sample Adverse Action Letter - PDF Format

State by State information varies widely. Some links and specific details are provided below. BackCheck recommends that our clients be familiar with and comply with legislation that relates to states where they will be hiring. We are always available to assist you in compiling this information.

The U.S. Equal Employment Opportunities Commission (www.eeoc.gov) is in place to prevent employment discrimination on the basis of an individual’s race, color, religion, sex, or national origin. The EEOC also enforces the Americans with Disabilities Act. The EEOC’s Q&A page is particularly helpful – www.eeoc.gov/facts/qanda.html

Background checks, Drug Testing and Employee Assessments completed by BackCheck are compliant with regulations set out in Title VII Civil Rights Act 1964. Title VII of the Civil Rights Act prohibits discrimination on the basis of because of such individual's race, color,religion, sex, or national origin.
http://www.eeoc.gov/policy/vii.html

Americans with Disabilities Small Business Primer Handbook – some basic “Do’s and Don’ts” http://www.eeoc.gov/ada/adahandbook.html

The US Department of Labor offers a wide array of information on drug testing, including policy guidelines and recommendations.
http://www.dol.gov/dol/topic/hiring/drugfree.htm