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HR leaders have to stay in front of a lot of regulatory concerns. Maintaining compliance with the Fair Credit Reporting Act (FCRA) with background checks is undoubtedly one of them.
According to the Federal Trade Commission (FTC), the FCRA was enacted in 1970 to regulate the practices of consumer reporting agencies (“CRAs”) that collect and compile consumer reports for use by certain third parties, including employers.
The FCRA has seen amendments since its inception, but the intention remains the same – to keep the use of consumer information fair and allow space for consumer privacy. The Electronic Privacy Information Center states the Act does this through “…rights of data quality (right to access and correct), data security, use limitations, requirements for data destruction, notice, user participation (consent), and accountability.” For employers, the FCRA has created specific requirements that must be maintained.
The requirements imposed on employers that procure background reports are muddled with gray areas. Compounding the confusion is the fact that the FCRA can be supplemented by state and local laws. These laws can be amended, and they are subject to reinterpretation. For example, we’ve written about the unclear direction the Federal Trade Commission gave on what employers shouldn’t include in disclosure documents. Additionally, we have also discussed a Ninth Circuit court decision addressing the same disclosure requirements.
Because of the changing nature of the FCRA, as well as state and local laws and regulations, the best way to stay compliant is to regularly consult your legal counsel. We’ve also compiled a short checklist with a few basic requirements to help you think about obligations under the FCRA
If you want to learn more about what Verified Credentials’ FCRA-compliant background checks are all about, schedule a consultation today.
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