What is adverse action in background checks? Adverse action is the legally mandated process employers must follow when making a negative employment decision based on a background check. Under the FCRA, employers must send a pre-adverse action notice, provide the report and Summary of Rights, allow time for dispute, and then issue a […]
1. Pre-Adverse Action (Before Any Final Decision) Before you make a final call, the FCRA requires that you give the candidate a fair opportunity to review the information being used. That means sending three things: A pre-adverse action notice A copy of the background check report A Summary of Rights under the FCRA […]
Philadelphia’s Fair Criminal Records Screening Standards (FCRSS) became effective in 2016. The ordinance bans all employers in the city from inquiring into a candidate’s criminal history and requesting a criminal background check until a conditional offer of employment is made. Employers cannot reject a candidate based on a criminal record unless the conviction “bears such relationship […]
In 2019, The Fair Chance to Compete for Jobs Act was enacted as part of the federal “ban the box” policy. According to the National Employment Law Project (Nelp), one in three adults have a criminal record. With the law in effect, 700,000 new applicants with records are estimated to have a fairer chance […]
On March 23, 2021, Illinois Governor J.B. Pritzker signed amendments to the Illinois Human Rights Act (“IHRA”) that are effective immediately and that will impose significant compliance burdens on Illinois employers who conduct criminal background checks of applicants and employees. The new law limits the extent to which employers can use criminal convictions in hiring and […]
First and foremost, the information in this blog is not legal advice. Instead, this is intended only to be helpful (but general) information. Please check with your legal counsel as to any laws mentioned in this blog and any obligations you or your business may have. You’ve probably seen first-hand how hiring the right employees […]
SafestHires Implements New Feature ThatFully Automates The Adverse Action ProcessIn an effort to make its background screening technology even more convenient for its customers, SafestHires has implemented a new feature that fully automates the adverse action process.The new feature eliminates steps to manually download and email Adverse Action Notices and prevents users from having to […]
Many companies this year have been hauled into court for violating employment laws related to background checks. The worst part is, the people at these companies who oversee background checks had no idea the violations were taking place. They sincerely believed their background screening program was 100% compliant.Unfortunately, the majority of people who oversee their […]
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