Keys to Compliance

When utilizing RiskAware for background checks the process for legal compliance in preparing reports begins with your company promise in writing to:

• Provide applicant necessary disclosures and authorization forms for obtaining background check information;
• Comply with federal, state, and/or equal opportunity laws or
• Providing Pre Adverse Action and Adverse Action letters where applicable

Provide written disclosure to applicant/employee.

Before performing a background check, employers must provide an explanation of the background check process informing how obtained information might be used for decisions about employment. The applicant/employee must understand that the results of the background check will be used for a “permissible purpose” such as a basis for hiring, promotion, or retention.

Separately obtain written authorization to proceed with the background check.

After disclosing intent to perform and utilize background check information as the basis for a hiring decision, employers must obtain written authorization from their applicants/employees to perform the background check. If the authorization will remain in effect throughout the person’s employment, then the consent form must state so, clearly and conspicuously.

Provide Applicant data to RiskAware in accordance with State laws.

Once an employer has obtained written consent, employer applicant identifier information is provided to RiskAware, and in accordance with state law so that a Background Check Investigation can be conducted.

RiskAware completes FCRA compliant Background Check and Report.

RiskAware FCRA Certified Licensed Private Investigators utilize a seven point quality process to assure greatest accuracy and compliance to federal and state laws and regulations:

1. Client order data is manually double matched against instant results before information is sent into research.
2. Consent forms are supervised and obtained.
3. Investigator experience is applied on searches outside the US, or in local markets to comply with law, avoid data integrity issues, accelerate results, and control costs.
4. Returned search results are reviewed using 2 or more identifiers, to certify information, eliminate false positives, and remove unrelated records.
5. Found records are investigated at the source for increased accuracy and to research final disposition.
6. Employment, education, and professional credentials, are verified in-house no matter how many calls are required.
7. Final reports are certified complete when information is reviewed accurate and legally reportable in compliance with FCRA, EEOC and State laws, enforceable guidelines, or restrictions.

RiskAware returns FCRA compliant background check report to employer and employee/applicant if requested.

RiskAware final reports are available and electronically accessed from within RiskAware’s easy to use web based platform, or by email. Employer and/or applicant may request a copy at any time. Any discrepancies on the report are easily identified and flagged for attention.

Employer reviews background check for directional information.

Employers use background check information to further consider the applicant. If no information is found affecting the opportunity for the applicant then no further action is needed to remain in compliance with FCRA law. But if information found in the Background Check negatively impacts your decision and the applicant/employee in whole or in part, and causes such adverse actions as refusal to hire, failure to promote, or termination then to comply with FCRA law the applicant/employee must be notified by the employer in writing.

Employer provides Pre-Adverse action notice to applicant/employee.

When information on a Background Check negatively affects applicant/employee opportunity to any extent the employer must generate: 1) Pre-Adverse action notice advising candidate of such found information and providing 2) copy of the background report and the document 3) “Summary of Your Rights under the Fair Credit Reporting Act.” The Pre-Adverse Action notices will advise applicant/employee instructions on how to reach RiskAware to discuss and dispute the information if applicant/employee would choose.

Candidate given opportunity to dispute information.

By giving notice in advance, the applicant/employee has an opportunity to review the report and explain any negative information. Applicants/employees are given a sufficient period of time (recommended 5-7 days) to pursue disputes directly with RiskAware, and report back to the employer.

RiskAware re-investigates disputes.

RiskAware reinvestigates the disputed information directly with it’s source (ex – Criminal Courts, Employer, College/University) free of charge, to ensure it’s accuracy, and pursue correction of any wrongly reported information. If disputed information is corrected RiskAware will provide an updated report to both employer and applicant/employee, and destroy references to the incorrect data in systems and final reports.

Perform EEOC recommended individual assessment interview with the applicant

Before making a final decision not to hire or promote the applicant based upon negative information found in Background Check report, employer is advised by EEOC guidance to perform an individual assessment taking into consideration the following:

• The age and severity of the offense
• Applicant efforts towards rehabilitation, and
• The relatedness of the crime.

Review and finalize employment decision including provisions of Final Adverse Action letters if required.

If an employer, having complied with all the steps above, determines after a sufficient period of time has elapsed and based to any extent upon information contained in the final Background Check report NOT to employ the applicant/employee, then a Final Adverse Action notice is generated to the applicant/employee and the process completes. The notice would present:

• Reasons for rejection tied to information in the report
• Contact information for RiskAware
• Confirmation to the applicant/employee that RiskAware didn’t make the hiring decision, and can’t give specific reasons for it.
• Statement that he or she has a right to dispute the accuracy or completeness of the report, and to get an additional free report from RiskAware within 60 days.