The Green Factors
We have recently discussed the steps in taking adverse action in response to a background check. Some important factors to take into consideration while creating or revising your company policy on consumer reports:
- Define and use the three green factors in your policy: nature & gravity of offense, time passed, and nature of job in question.
- Be well versed on the FCRA adverse action requirements.
- Include the policy of taking adverse action in your company EEOC guidance information.
Part of hiring and requesting background checks of present employees is a clearly stated policy of why and how the results of a background check can or will be used. Be sure to include clear statements regarding the green factors and adverse action. Also consider under what circumstances exceptions might be made to the policy, especially in relation to present employees.
This potential for exceptions falls under the category of individualized assessment. Some points to remember in this area of your policy are:
- Inform the individual that he or she may be excluded based on past criminal conduct.
- Give opportunities for the individual to provide information that can lead to an exception, or in some cases to demonstrate and prove worthiness of an exception.
- Carefully verify the information in relation to the position in question and determine if the policy does or does not apply in that direct circumstance.
As always, be as thorough in your policy as possible. Keeping in line with the rules and regulations of the FCRA will benefit not only your company, but all of your current and future employees.
Consumer Reports are just another term for Employment Background Checks. Acquiring background checks pre-employment and occasionally during employment is recommended to ensure security of your company, assets, and decision-making.
What you need to know before seeking a consumer report:
- The applicant must be made aware that a report is being sought and that its contents could affect their current or future employment & they must receive this notice in a written documents separate from an employment application.
- The applicant must provide written permission to seek a consumer report.
- Ensure that in the process of seeking a consumer report that you have complied with all FCRA rules and regulations & have reviewed local and state laws pertaining to consumer report information.
When you should take adverse action:
Adverse action is the denial or termination of employment based on the information discovered in a consumer report. Before taking such action, you must:
- Inform the applicant in writing of the decision.
- Provide the applicant with A Summary of Rights Under the FCRA.
- Provide a consumer copy of Consumer Report
- Give the applicant an opportunity to officially rectify any misinformation.
After you take adverse action:
- Give the applicant proper notice, preferably in writing and with clear reasoning.
- Provide as much contact information as possible on the company used to obtain the consumer report.
- A disclaimer that the company used in obtaining the report is not responsible for the decisions made based on said report.
- Follow the Disposal Rule and properly & securely dispose of the report and relevant information.
Following these steps will help to ensure the protection of every party involved in consumer report background checks.
A prime characteristic of the digital age is expected instantaneous responses. While technology and the internet have heightened our ability to answer almost any question in a millisecond, more through research still takes time. Comprehensive background checks are meticulous and require about a day on average to be complete. While the internet vastly decreases search times, a methodical search in each area of a background check will aid in the certainty that your company hired the right people.
Some employers will have a higher turnaround time than others. Victig boasts a quick turnaround time (TAT) for most searches, averaging nearly 3000 searches in just over 1 business day.
Quick Searches versus Lengthy Searches
Some searches take more time than others to run. A detailed reference and educational check, for instance, will take longer to complete than a simple driving record search.
Other record searches that may take a scrupulous amount of time to complete include:
- Criminal record searches and verification
- Professional and personal references
- Educational verification
- Sex-offender registry searches
However, even with the most current internet technology, a comprehensive background search may still average around one to two business days.
Importance of Quick Turnaround Time
Finding the right employee has taken more time than your company has to spare. You needed the perfect hire last week. As a company investing so much in the perfect person, it is vital that you have all the information you need to make the best decision in the most efficient way possible.
There are several points to a background check that take more time than a detective agency will make it look in the movies. Research of this nature will take more time so as to allow for rechecking of records. This keeps background check companies and employers in line with the Fair Credit Reporting Act.
Employees are the most valuable asset to any company and a thorough background check can ensure that you are making the best decision in your new hire. Complete confidence in your background check is worth the slight turnaround time that a comprehensive background check may take.
Victig offers some of the fastest background check turnaround times on the market as evidenced here.