Background Checks - Require personal visit from FEDS?

Sunny

We are about to implement (about time) a background check policy for all new hires. I checked with our corporate HR Director who told me that if we were planning to include credit checks we would have to not only have a policy, but have it approved by someone from FCRA's agency in person. I have never heard of this need for personal vetting of a policy. The Director told me she was informed of this requirement by the vendor she was using for criminal background checks. Anyone have any knowledge of this? Thanks.

Al Vreeland

If you use an outside firm to perform the checks, you are required to comply with the FCRA - which requires certain disclsoures, authorizations and additional disclsoures if negative action is to be taken. It does not, however, require that your policy be specifically approved by the FTC or anyone else before implementation.


Al Vreeland
Editor, Alabama Employment Law Letter
Lehr Middlebrooks Price & Vreeland, P.C.