Q&A

Ask the Experts: Background Checks

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Is managing your employees and staying compliant a constant headache? You’re not alone. Many businesses struggle to keep up with the ever-changing HR landscape. That’s why we’ve partnered with Mineral to offer our Benefits clients cutting-edge HR and compliance solutions. Through this partnership, we empower our Benefits clients with the expert guidance, proactive compliance updates and easy-to-use tools they need to build a high-performing, compliant workplace. In this Q&A series, we’ll share a glimpse into the type of valuable insights our clients receive.

Question: Do we have to get permission to run a background check?

Answer: You certainly do! The Fair Credit Reporting Act (FCRA) requires you to get permission from an applicant or employee before conducting a background check. It also has specific notice requirements, such as providing the applicant or employee a summary of their FCRA rights and the appropriate adverse action letters if you decide not to hire them or terminate their employment because of the background check. A number of state laws also have background check requirements.

Legal requirements aside, telling applicants what to expect as part of the selection process is considered a professional courtesy, especially if you’ll conduct background checks or any other kind of screening that digs into history that may not be directly related to the work they will be doing.

If you are one of our Benefits clients, you can learn more about background checks, including legal requirements, on the Mineral platform.

This article originally appeared on the Mineral blog and is adapted with permission. It does not constitute legal advice and does not address state or local law.

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