US Women Magazine August 2014 Vol 1 Issue 1 | Page 40

continued from page 40 • Informs the employee/applicant about the adverse employment action that has been taken based on the information found in their background check; • Must provide the applicant/employee with the name, address, and phone number of the consumer reporting company that supplied the report; • Must also include a statement that the credit reporting agency providing the report did not make the decision to take the adverse employment action; and • Inform the employee/applicant that they have a right to dispute the accuracy of the report. In summary, don’t allow a tool your company uses to reduce liability to actually increase your exposure to government or private actions for violations of the FCRA or Title VII of the Civil Rights Act of 1964. Make sure you have a properly drafted background policy in place. Also, ensure that you are familiar with the consents and notices you must provide applicants and existing employees in the event you decide to take an adverse action based on the results found in a background check. Bio: Norman Paul is the CEO and Corporate Counsel for SWBC PEO, an organization of HR specialists operating in 18 states to provide benefits, payroll, discounted workers’ compensation coverage, OSHA/custom safety programs, HR compliance, and more. He can be reached at [email protected] or 877-704-0454. Disclosure: This article is for informational purposes only and is not intended as legal advice.