What laws govern background screening?
Employers may conduct lawful pre-employment screening in order to hire the best-qualified candidates. The Fair Credit Reporting Act (FCRA) balances the right of employers to know whom they hire with an applicant’s right of disclosure and privacy. The FCRA requires that an employer first obtains the applicant’s written consent to conduct a background check. In the event negative information is found, the applicant must be given the opportunity to contest the record if he or she believes it is inaccurate or incomplete. Employers should set up a consistent policy so similarly situated applicants are treated the same.
