Background Checks

OD Comply: Background Checks  helps private employers stay in compliance with the ever-changing nuances of federal, state, and major local background check requirements.

Background Checks subscription includes:

  • Flow chart graphically illustrating the entire background check process (for criminal, credit, and other types of background checks)
  • Disclosure and Authorization forms/screens to secure lawful background check consent, under federal, state (including District of Columbia), and major local requirements
  • Detailed, practical step-by-step guides with user-friendly instructions
  • Our proprietary Federal Summary, State Summaries, and Locality Summaries detailing restrictions on employers’ consideration and use of background check information
  • Pre-Adverse Action notifications and Adverse Action notifications compliant with federal law and the ever-growing number of state and local requirements (many with their own detailed, specific nuances and processes)

The Problem

Many private employers have turned to background checks as a pre-employment screening tool, to locate and exclude applicants and existing employees with lengthy or even violent criminal records. While background checks can be a helpful resource in protecting the workplace, they also can create liability when not conducted in compliance with the complex web of federal, state, and local laws. In the past few years, plaintiffs’ lawyers have taken advantage of the morass of federal Fair Credit Reporting Act requirements and the ever-increasing, in many cases distinctly different state and local background check laws, to file class action lawsuits alleging technical legal violations, resulting 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 race discrimination charges based on criminal records, and employers can find themselves in a legal quagmire.

The Solution

Be proactive with OD 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/screens, letters, and various other documents to keep subscribers in compliance with federal, state, and major local requirements. During the 12-month subscription period, subscribers will receive legal updates and prompt notifications when the federal government, a state government, or a major locality inevitably enacts or changes a background check law impacting private employers, including forms/screens, letters, and documents.

For questions or other details about the Background Checks subscription or about background checks in general, please use the links at the top of this page or visit our Background Check Practice Group page.

Forms/screens, letters, documents are designed for use by private employers in most industries for most background check situations. Client-specific customization of forms/screens, letters, and documents is available and outside the annual subscription fee.