Written By ESR News Blog Editor Thomas Ahearn
Being well versed in the federal Fair Credit Reporting Act (FCRA) and numerous state and local laws for background checks to ensure legal compliance when screening job applicants is essential for Consumer Reporting Agencies (CRAs) seeking accreditation by the Professional Background Screening Association (PBSA).
The PBSA – a non-profit trade association representing the background screening industry founded in 2003 – offers accreditation to CRAs in the United States through its Background Screening Agency Accreditation Program (BSAAP), which has become a recognized seal of professionalism for background screening firms.
Accredited CRAs must comply with 68 clauses in six sections of the BSAAP Standard: 1) “Information Security,” 2) “Legal and Compliance,” 3) “Client Education,” 4) “Researcher and Data Standards,” 5)“Verification Services Standards,” and 6) “Business Practices.” The 21 clauses for “Section 2: Legal and Compliance” are:
- 2.1 Compliance with Law and Regulation
- 2.2 Federal Consumer Reporting Law
- 2.3 State Consumer Reporting Law
- 2.4 Driver Privacy Protection Act (DPPA)
- 2.5 State Implemented DPPA Compliance
- 2.6 Integrity
- 2.7 Prescribed Notices
- 2.8 Agreement from Client
- 2.9 Client Legal Responsibilities
- 2.10 Client Required Documents
- 2.11 Disclosure and Authorization
- 2.12 Adverse Action
- 2.13 Consumer Disputes
- 2.14 Database Criminal Records
- 2.15 Identification Confirmation
- 2.16 Full File Disclosure
- 2.17 Jurisdictional Knowledge
- 2.18 Automated Reporting Systems
- 2.19 Quality
- 2.20 Reappearance of Inaccurate Information
- 2.21 Quality Analysis
To become accredited by the PBSA, CRAs must demonstrate initial and ongoing compliance with the accreditation standard as prepared by the PBSA’s Background Screening Credentialing Council (BSCC). Compliance is demonstrated through rigorous audits completed by an independent third-party auditor.
The PBSA represents the interest of more than 880 member companies that offer employment and tenant background screening services, advances excellence in the screening profession, and is the trusted global authority for the background screening profession. To learn more about the PBSA, visit https://thepbsa.org/.
ESR founder and Chief Executive Officer (CEO) Attorney Lester Rosen was chair of the committee that founded the PBSA when it was known as the National Association of Professional Background Screeners (NAPBS) before rebranding to a new name in 2019. That same year, Rosen received the PBSA Lifetime Achievement Award.
The PBSA will continue to strengthen the professionalism of background screeners in the United States, according to leading global background check firm Employment Screening Resources® (ESR), which compiled the “ESR Top Ten Background Check Trends” for 2021 featuring emerging and influential trends in the industry.
Employment Screening Resources® (ESR) – which was ranked the number one screening firm by HRO Today in 2020 – is a founding member of the PBSA and is accredited by the PBSA for successfully demonstrating continued compliance with the BSAAP. To learn more about ESR, visit www.esrcheck.com.
NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.
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