EEOC and FTC Offer Tips for Employment Background Checks

Written By Thomas Ahearn

The U.S. Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) have released a joint publication titled ‘Background Checks: What Employers Need to Know’ to explain how compliance with the Fair Credit Reporting Act (FCRA) and anti-discrimination laws intersect when employers use employment background checks. The publication is available online at http://business.ftc.gov/documents/0487-background-checks-what-employers-need-know. [PDF]

The EEOC enforces laws against employment discrimination while the FTC enforces the FCRA, the federal law protecting the privacy and accuracy of the information contained in background check reports. When employers conduct employment background checks through a third party background check firm when considering applicants and employees for hiring, retention, promotion, or reassignment they must comply with the FCRA and federal laws protecting people from discrimination.

The FTC and EEOC have also teamed up to issue a second publication titled ‘Background Checks: What Job Applicants and Employees Should Know’ to answer questions applicants and employees may have about employment background checks including what happens if negative information is found during a background check. The publication is available at http://www.consumer.ftc.gov/articles/0488-background-checks-what-job-applicants-and-employees-should-know.

“The FTC is pleased to work with the EEOC to help ensure that employers and potential employees have a solid understanding of their rights and responsibilities,” Jessica Rich, director of the FTC’s Bureau of Consumer Protection, stated in a press release titled ‘Employment Background Checks: FTC, EEOC Offer Tips for Employers and Job Applicants’ available at http://www.ftc.gov/news-events/press-releases/2014/03/employment-background-checks-ftc-eeoc-offer-tips-employers-job.

Founded by safe hiring expert Attorney Lester Rosen, Employment Screening Resources® (ESR) – ‘The Background Check Authority®’ – is a nationwide provider of employment background checks located in the San Francisco, California area and is accredited by the National Association of Professional Background Screeners (NAPBS®). For more information about Employment Screening Resources® (ESR), please visit https://www.esrcheck.com, call Toll Free 888.999.4474, or email [email protected].

About Employment Screening Resources® (ESR):

Founded by safe hiring expert Attorney Lester Rosen in the San Francisco, CA-area in 1997, Employment Screening Resources® (ESR) – ‘The Background Check Authority®’– provides accurate and actionable information that empowers employers to make informed hiring decisions for the benefit of their organizations, employees, and the public. CEO Rosen literally wrote the book on background checks with “The Safe Hiring Manual” and ESR is accredited by The National Association of Professional Background Screeners (NAPBS), a distinction held by a small percent of screening firms. ESR provides Effortless Legal Compliance, Proven Expertise, Less Work/Lower Cost, Results You Can Trust, and Painless Migration. To learn more about ESR, visit https://www.esrcheck.com, call toll free 888.999.4474, or email [email protected].

About ESR News: 

The Employment Screening Resources® (ESR) News blog – ESR News – provides employment screening information for employers, recruiters, and jobseekers on a variety of topics including “Ban the Box,” credit reports, criminal records, data privacy, discrimination, E-Verify, jobs reports, legal updates, negligent hiring, workplace violence, and use of search engines and social network sites for background checks. For more information about ESR News or to send comments or questions, please email ESR News Editor Thomas Ahearn at [email protected].