ESR Assured Compliance®
Employment Screening Resources® (ESR) understands that compliance with the laws that govern the screening process can be confusing at best so we make compliance as easy as possible through our fully automated ESR Applicant Generated Report® (AGR) system that is constantly updated with required changes in hiring and employment laws. The AGR System makes complying with new regulations virtually painless in a totally paperless environment and handles the required disclosures and acknowledgments for you.
ESR Assured Compliance®
Federal FCRA Requirements
All federal Fair Credit Reporting Act (FCRA) required elements are built into the online process and are updated as requirements change:
- NOTICE: A clear and conspicuous notice is made in writing to the consumer before the report is procured or caused to be procured.
- DISCLOSURE: A disclosure is made that the report may contain information bearing on the consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living that will be used or expected to be used in whole or in part to establish his or her eligibility for employment.
- CONSENT: The consumer authorizes in writing his or her consent to the procurement of the report.
Compliance with State Laws
Based on the information about where your applicant lives and will be working, appropriate notices and acknowledgments are automatically populated in the form. Once a notice is selected for viewing, it displays in a new window that provides for scrolled viewing and archival printing.
- Compliance with state laws regarding credit reports is built around the AGR “alert” sent to the applicant and where the subject lives and will be working. If your applicant lives in or will be working in CA, CO, CN, HI, IL, MD, NV, OR, VT, WA, they will receive the notice that a credit report is being obtained along with the state specific permitted purpose for obtaining an employment purpose credit report.
- States laws regarding specific notices of rights under state law that go beyond the FCRA are also driven by where your applicant lives and will be working. If your applicant lives one of these states they will receive the notice specific to the state or states in question.
- They are required to acknowledge receipt of the required notices and are allowed to print or save a copy of the notice for records.
- The subject of the report receives proper notice about and agrees to the use of his or her electronic signature as provided for under E-sign Act and corresponding state laws. In addition to the Electronic Signature, the subject also applies a physical signature facsimile to the form by using their mouse.
Paperless Adverse Action Notices
- An ESR “exclusive” – integrated paperless adverse action notices, including the new notice of individualized assessment specified in the EEOC Enforcement Guidance on the use of criminal records in employment.
- With ESR Assured Compliance® you will never have to deal with paper forms or worry whether the form being used is current and up to date. All required changes happen automatically and are continuously updated to support all notices and acknowledgements required by federal and state laws. There is no action required on your part in the compliance process other than simply associating a state specific permitted purpose when a credit report is associated with the “AGR Alert.” If you do not order credit reports, you have nothing to do. These methods provide you with a full electronic audit trail of compliance.
For more information about ESR Assured Compliance®, contact ESR.