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Laws Regarding Background Screening


Background screening is an effective way to ensure the best employee hiring, but there are certain laws that must be followed during the process. Employer background checks have very limited access to credit information, for example, because the Fair Credit Reporting Act regulates the use of consumer reports. If an employer background check includes information about a consumer report, and that is used as a factor in an adverse hiring decision, the consumer must be presented with a "Pre-adverse action disclosure," a copy of the FCRA summary of rights, and a "notification of adverse action letter."

Besides this credit information, though, there is a great deal of information that is available through background screening. There are a variety of types of employer background checks that can legally be used by potential employers. Many companies offer employer background checks over the Internet, supply the company with adverse action letters, and ensure legal compliance throughout the process. Remaining legal during the employer background check process is imperative, so you should only use reputable background screening agencies.

Some companies also choose to do their own employer background checks to be more cost effective, by searching common records such as criminal records, driving records, and education verification. This can be time consuming, though, and the more important records might be harder to get. Background screening companies can easily search sex offender registries, do credential verification, perform reference checks and obtain Patriot Act search information.

Before hiring an agency to perform these employer background checks, businesses should consider the position in question, and should always use the same searches for every applicant being considered for the same position. As long as they are working within the legal parameters set forth by the government, business owners and managers can see great benefits from doing background screening on all new hires.



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Employee screening can reduce or avoid many risks.

Employee screening can reduce or avoid the risk of:

  • Negligent Hiring Lawsuits
  • Workplace Violence
  • Time lost recruiting, hiring and training the wrong employee
  • Theft, Financial Loss, sexual harassment and other workplace problems


Occuscreen never charges a set up fee or monthly minimum for Background Screening or Drug Testing!

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