What is Adverse Action and when is it required?
The adverse action process is required for any action taken that denies an individual employment, credit, insurance, etc. based on information obtained through a consumer report. This three-step process complies with federal laws to protect applicants from discrimination. Although it’s the law, many companies still fail to send adverse action notices, subjecting them to potential lawsuits. Employers must abide by the guidelines set forth by the Fair Credit Reporting Act (FCRA) which requires the employer to provide a standalone disclosure informing the applicant that a consumer report may be obtained with written consent. The employer must also provide a copy of the pre-adverse notice, background report, and summary of rights to the applicant prior to an adverse action decision. If any adverse information appears on their background check, then a pre-adverse notice is used to inform the employee that something has returned which may or may not affect their hiring decision. This gives the employee an opportunity to file a dispute prior to receiving a final adverse action notice. An adverse action notice must be sent only if the employer denies the applicant employment based on the information from the background check.
What information will be included in a verification?
The background check company will contact verified previous employers to confirm dates of employment, job title, and reason for leaving. Education verifications generally confirm the year of graduation, major, degree earned, and attendance dates.
What questions do they ask on a background check?
Since each background check can be customized to meet the needs of the employer, job position, and state laws, questions can vary according to what is included in the check. For example, if the employer chose to include an education verification, then the candidate would be asked questions regarding what school they attended, the years they attended, when they graduated, what degrees (if any) they acquired, etc.
What do employers look for in a background check?
Employers can look for a variety of things in a background check including but not limited to education/employment verification, SSN/i9 checks, or prior federal, state, or county convictions. Although employers can customize their background check policies, depending on the industry or state laws, they have to abide by certain practices to maintain compliance.