In order to run an employment background check, the Fair Credit Reporting Act (FCRA) requires that employers obtain written authorization from the job candidate or employee before they’re screened.
By obtaining consent, employers can officially certify that they have:
- Notified candidates about the details of the background screening process
- Informed candidates about their legal rights in case of an adverse action
- Taken steps to ensure candidate privacy and prevent discrimination
ScoutLogic’s process is fully FCRA-compliant. After you provide your candidate’s email address and legal name, we will send the candidate FCRA-compliant disclosure and authorization forms. Our consent process is electronic and works on all devices, including smartphones and tablets and has been thoroughly vetted by ScoutLogic’s legal team. Please note that you may still need to provide certain forms or notices to your candidates, depending on the particular checks you order (for example, employment credit checks require that the employer provide the reason for procuring credit history). We recommend consulting with experienced counsel to ensure that your forms and notices are compliant.
If you already have consent from your candidate, in most cases you will not be required to submit the consent form to ScoutLogic in order to complete a background check. However, you will be required to certify that you’ve collected compliant consent from the candidate, and ScoutLogic may request proof of consent for auditing purposes. For certain checks, such as employment and education verifications, you may be required to upload a signed consent form.