FRCA: Legal Limitations On Background Checks - By: Art Gib

Employee background checks are a vital tool to help employers decide who will represent their business. They can help determine if a candidate has told the truth about his job history, criminal record, and other important facts. However, there are laws in place that govern how background checks may be conducted and what kind of information may be released. Employers should be familiar with the rules so that breeches of confidence will not occur.

The FRCA (Fair Credit Reporting Act) does much more than cover a person's credit. It also covers information classified as a consumer report, which is a term describing any communication that bears on a person's character, general characteristics, employment history.

The information contained in a consumer report is material that is generally important to an employer who wants to know about a candidate's past. A federal law such as this is necessary because it sets a standard by which people can be evaluated.

The law's purpose is to assure that any consumer report that may affect a person's future career and employment options is fair and, most especially, accurate. Because of privacy issues, the law ensures that only those who are qualified to have access to job-related information may have it. This protects the candidate from erroneous data that could ruin a career, and reassures an employer that the info they are seeking is as accurate as possible.

Under the FCRA, the kinds of information that may be accessed about an individual may include: credit history, past employment, professional licenses, criminal records, education, worker's comp claims, driving records, references, and medical history.

Depending on what kind of business an employer operates, he or she may not need to know every item on this list. These types of background checks are most easily performed by a professional company that knows the law and how to apply it.

In addition to running a background check by accessing the above information, employers themselves may easily perform "reference checks" of their own by contacting references and former employers.

Keep in mind that the FRCA does not cover screening for illegal drug use. State, federal, and labor laws are in play under these circumstances.

Employee background checks are a great protection for businesses wishing to hire the best possible candidates who will be real assets to the company. Hiring professionals who know the FRCA and its limits will assure that your checks are performed properly and that the right kind of information is being accessed.

About the Author

Don't leave the validity of your business's employment background check process to chance. Contact the professionals you need at Triad Consultants (http://triadcon.com/). Art Gib is a freelance writer.

Article Directory Source: http://www.articlerich.com/profile/Art-Gib/28726

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