1) Provide Disclosure and Get Consent

Before starting a background check with a consumer reporting agency (CRA), employers must get a candidate’s (or employee’s) written authorization and receive acknowledgement that the background check may be used as a basis for employment decisions, such as hiring, promotion, or retention.

HOW WE HELP: Our integrated, mobile-optimized electronic consent avoids candidate confusion, speeds up turnaround times, and minimizes litigation risk. However, if you wish to use paper forms, you can find samples here.

2) Use a Consumer Reporting Agency (CRA)

Provide candidate information to a compliant CRA and they will collect the information and deliver a report. Depending on the CRA used, the background check may include identity verification, criminal records, civil judgments, and possibly information about education credentials, past employers, drug testing and more.

HOW WE HELP: Secure collection and management of a candidate’s personal information is critical to ensure their privacy. Our candidate self-complete workflow ensures the highest standards of accuracy without compromising candidate privacy.

3) Share Results With The Candidate

Once the background check results are ready, a copy will be returned to the employer and to the candidate. If the candidate disputes any records in the results, the CRA can reinvestigate the records and provide updated results to both employer and candidate.

HOW WE HELP: We automatically provide every candidate with their own results through a secure, online account – for free. With such early access, candidates can review results quickly, reducing hiring delays and helping you make better, more informed hiring decisions.

4) Review Results According to EEOC Guidance

Any hiring policy that disproportionately screens out minorities, including policies that ban employment of people with criminal records that are not job-related or consistent with business necessity, may automatically be considered in violation of the Equal Employment Opportunity Commission’s (EEOC) guidance and requirements under Title VII of the Civil Rights Act of 1964.

HOW WE HELP: Beyond our built-in compliance filters and automated adverse action feature, Pink Screening provides a customized, secure digital form that candidates can use to explain information in their background check. Their context can help you make an informed, individualized assessment as required by the Equal Employment Opportunity Commission.

5) Implement Adverse Action

If an employer decides not to hire or promote a candidate or to terminate an employee, based in whole or in part on a background check, the employer must follow the Adverse Action process. It’s a two-stage process and you can learn more about it here.

HOW WE HELP: Our automated Adverse Action feature makes it super easy for you to comply with this FCRA requirement and our US-based customer support team is available to help both you and your candidates if this becomes necessary.