It’s week 2 of the Compliance Series. Last time, we discussed the Summary of Rights Notice, what it’s for, and how to stay compliant. This week we will be discussing The Consent Form.
What is a Consent Form?
Under the FCRA, employers must get permission to run a background check from the subject of the report before initiating the request. This is accomplished through obtaining a signed Consent Form, also referred to as an Authorization and Disclosure Form.
The FCRA requires the Consent Form be a stand-alone document that contains specific language. It also prohibits erroneous information, which the courts have concluded applies to state/local required disclosures. Eliminating state-specific disclosures makes the Consent Form FCRA compliant, but also renders it non-compliant according to state requirements. As such, employers must be aware of and communicate additional disclosures as required.
Complimentary Consent Form
Choice Screening provides a FCRA-compliant Consent Form, free of charge to our clients. Our form has general-use purposes, adheres to federal regulation and is maintained by our Compliance Manager. It helps employers remain efficient by having the applicant enter their own information and pre-populates this information when the report is initiated. The consent form is then readily available to our research team and kept with the background report results for you.
Stay Informed!
Local laws can impact how a background check can be performed. Ban-the-Box legislation has been steadily expanding throughout the US. Other common legislation includes Fair Chance Acts and laws that impact, typically limiting, the use of credit reports. Among other requirements, this legislation occasionally includes the Consent Form and could impact when it can be provided and what information it contains, namely the check box for the applicant to disclose a criminal past. Some exemptions exist, such as federal employee or law enforcement, or financial institutions for credit report restrictions.
Formally Review Consent Form
It is good practice to have your consent form and background screening process reviewed by a qualified employment attorney and internal personnel to ensure it is compliant with all FCRA, local legislation, and other applicable regulations.
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The information contained in this newsletter is not all encompassing and is meant to be informative only, nor contains legal advice, expressed or implied. Consult with qualified legal counsel in all matters of employment, business, and background screening law.