Background Screening; The New FCRA Class Action Nightmare

In response to the recent preliminary approval of a $5.9 million settlement in a class action suit against a major transit company, Pre-employ.com is offering a free guide for businesses, “Top 5 Reasons to Avoid FCRA Non-Compliance” available here: http://www.pre-employ.com/5Tips

This free guide provides valuable information about how to stay compliant in these commonly missed areas:

• The Release Form
• Reacting to Criminal Arrests and/or Convictions
• Adverse Action Notification
• Establishing a company policy regarding pre-employment background screening
• Yearly analysis to ensure compliance

The plaintiffs in the lawsuit brought charges against the employer for not providing appropriate disclosures to job applicants prior to a pre-employment screening and background check, and for not following the required “adverse action process” as set forth in the FCRA. The Federal FCRA documents that lay the groundwork for the class action suit may be found here: http://www.pre-employ.com/FCRASettlement

Screening job applicants for criminal convictions or other red flags has become commonplace among employers, but the rules governing pre-employment screening are complicated, and willful non-compliance can be financially devastating to a business. Statutory damages of up to $1,000 per violation, attorney’s fee, and unlimited punitive damages may result. Negligent non-compliance penalties are the same with the exception of statutory damages, which are not included.

Many states have screening laws that can be confusing, and how these regulations relate to federal laws such as those employed in the above case is never clear. All businesses utilizing pre-employment screening are strongly encouraged to review their background screening programs through careful, yearly analysis available from the industry experts at http://www.pre-employ.com/quote

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