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The Federal Fair Credit Reporting Act and Background Checks

Webcast for IHR Quality of Hire Virtual Conference

September 26, 2013


Title: The Federal Fair Credit Reporting Act (FCRA) and Background Checks

Date/Time: Thursday, September 26, 2013 at 2:30 PM to 3:30 PM ET

Speaker: Ory Tucker, Client Experience Director of Employment Screening Resources (ESR)

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Learn and get updated on the federal Fair Credit Reporting Act (FCRA), the law that governs the process of pre-employment screening and background checks on prospective employees audit your own practices to ensure that you are in compliance.  Failure to comply with the FCRA has resulted in numerous lawsuits, including class action cases that resulted in multi -million dollar settlements. Just a basic understanding of the basic rules of the FCRA would have potentially protected employers form litigation.  In addition, a number of states have their own version of the FCRA that employers need to apply as well.  This webinar will introduce HR professionals to the critical core concepts needed to stay in compliance and out of court. 


To avoid bad hiring decisions, employers have increasingly turned to pre-employment background screening as a risk management tool. No screening program can be conducted without a full understanding of the Fair Credit Reporting Act (FCRA), the federal law that governs background checks.  The failure to understand and follow the FCRA has resulted in expensive and, and time consuming litigation with businesses paying multi-million dollar settlements.  Plaintiff class action attorneys have developed considerable expertise in the FCRA and employers that do not take the time to fully comply with the FCRA could well find themselves risking extensive litigation.

This webinar will outline the basics of the FCRA for Human Resources professionals.  The webinar will begin with a basic overview of the FCRA as well as important definitions.  The webinar will then cover the primary obligations of employers including the requirements for an employer certification, authorization for a background check and disclosures to the consumer, the concert of a “permissible” purpose and information that is prohibited under the FCRA.  Also covered will be what to do when a negative background check is returned from a background firm and the essentials of the adverse action process.     Other important topics include as applicant’s right to a re-investigation, and how to handle a situations where an applicant maintains that a background report is incomplete or inaccurate.  Other topics will include how to handle the investigation of a current employee. The session will so review other critical aspects of the FCRA, including accuracy requirements and penalties for negligent or willful violation of the law. . The webinar will review how state laws may add additional obligations on an employer as well as how the FCRA may apply to specific types of searches such as social media, past employment, education and criminal searches. Finally, the webinar will cover actual cases where employers were successfully sued for failure to follow the FCRA and what steps the employer could have taken.   By the end of the webinar, an HR professional will have tools to help to audit their own practices. 

Learning Points: 

  • Learn why knowledge of the  federal Fair Credit Reporting Act and similar state laws is critical in the  hiring process.
  • Learn the Four Basic Steps needed for compliance with the FCRA.
  • Understand how the FCRA protects consumers and what an employer must do when a consumer disputes a background report.

Speaker Bio:

Orianna “Ory” Tucker joined the Employment Screening Resources (ESR) in 2011 and holds the position of Client Experience Director.  She has worked in the consumer reporting industry since 2005 and possesses a proven track record in client services, operations, and compliance. Along with a deep understanding of the background screening industry, her years of experience reflect the core values of ESR which include a commitment to serving the needs of clients, professional excellence, organizational integrity, consumer protection, and unequalled legal compliance.

Before joining Employment Screening Resources, Tucker worked in background and drug screening client services management, private investigation, and legal and federal government arenas. She is an active member of the National Association of Professional Background Screeners (NAPBS) where she is active in the Education Committee. Tucker is also a member of the Professionals in Human Resources Association (PIHRA). Ory holds a Bachelor of Science (BS), cum laude, in criminal justice from California Lutheran University.

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