Consistent with the sage advice to hire carefully and slowly, many employers have turned to background checks as a pre-employment screening tool, enabling them to closely examine applicants with lengthy or even violent criminal records. Employers also have used background checks for existing employees to ensure the safety of workforces and customers.
However, while background checks can be a helpful resource in protecting the workplace, they also create liability when not conducted in compliance with the complex requirements of federal, state, and local laws. In the past few years, plaintiffs’ lawyers have taken advantage of the morass of nuances and requirements of the federal Fair Credit Reporting Act and the ever-increasing web of state and local background check laws to file class action lawsuits alleging technical legal violations. These cases can result in multi-million dollar damages or settlements. Couple these litigation risks with the U.S. Equal Employment Opportunity Commission’s (EEOC) guidance on employers’ use of criminal background checks, and employers quickly can find themselves in a legal quagmire.
Be proactive with O-D Comply: Background Checks—our flat-fee, subscription-based service—to maintain compliance in the ever-changing world of background check laws and regulations. Background Checks educates employers on the costly legal subtleties associated with conducting background checks and, unlike other services, provides ongoing, automatically-updated forms, letters, and various other documents to keep you in compliance with federal, state, and major local requirements. An annual Background Checks subscription also includes a one-page flow chart graphically illustrating the entire background check process; a detailed, practical, step-by-step guide to using the forms, letters, and other documents; and plain-English publications detailing federal, state, and local restrictions on employers’ requests for and use of background information.
During the 12-month subscription period, subscribers will receive legal updates on background check issues and when the federal government, a state government, or a major locality enacts or changes a background check law impacting the forms, letters, and documents, we will automatically update them and promptly notify subscribers.
For questions, additional details, or subscription information, please email firstname.lastname@example.org.
Forms, letters, and documents are designed for use by private employers in most industries for most background check situations. Client-specific customization of forms, letters, and documents is available and outside the annual subscription fee.