Employers must be careful in conducting background screening and using data got in a way that is consistent with government, state and local laws.
The Fair Credit Reporting Act
Employes who use the help of background check companies in the matter of compiling information must comply in the arrangements of the Fair Credit Reporting Act (FCRA). Candidates and employees must be notified in writing if their manager will lead a background screening and that the data will be utilized to settle on employment decisions.
This disclosure and consent to a background check must be a clear and conspicuous stand-alone document and can’t be part of an employment application. Further, the FCRA entirely limits the data which might be used on the disclosure form.
Government and State Anti-Discrimination Laws
Employers who demand or hire background check companies to settle on employment choices must do as such in a way that does not discriminate the employee or candidate based on race, color, national origin, sex, or religion, disability and age. Employers should practice caution while requiring personal investigations for a few-but-not all-employees or candidates.
In the event that the background screening falls on representatives and candidates of a specific racial or ethnic class, for instance, the company could face a claim of discrimination because of the disparate effect felt among that class of employees.
Pennsylvania Criminal History Record Information Act (CHRIA)
Under the CHRIA, at whenever an employer is in receipt of an applicant’s criminal history information file, the business may use the information related with felony and misdemeanor convictions just to a certain degree to which they identify with the position the candidate has applied.
The company must tell the candidate in composing if the business chooses not to procure the candidate in light of in light of the consequences of the criminal history report
Philadelphia Fair Hiring Law
Except for employees who are liable to more stringent resolutions regarding their workers’ criminal history data such as, schools, nursing homes, and hospital employers in Philadelphia are more restricted in their ability to utilize criminal history data when settling on business choices.
Generally, Philadelphia employers may not get some information about a candidate’s criminal record on job applications or in interviews and can just run a personal investigation once they have made an offer of employment subject to the background check.
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