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Essential Guide to Background Check Disclosure and Authorization Forms
Tim Gordon
October 15 2024
For HR professionals, compliance with background screening laws is non-negotiable. One key area where companies often falter is the background check disclosure and authorization form. Mistakes in this process can expose employers to costly lawsuits and damage their reputations.
This guide explains how to create, update, and understand these forms. It helps you stay compliant with the Fair Credit Reporting Act disclosure rules.
What Is a Background Check Disclosure and Authorization Form?
Before running a background check, employers must provide a disclosure to the candidate. The disclosure outlines their intent to obtain a consumer report or background check for employment purposes. They must also secure the candidate’s signed authorization to run the check. These forms are foundational to the background screening process under the Fair Credit Reporting Act (FCRA).
Failure to comply with these requirements can lead to lawsuits, fines, and reputational harm. A well-prepared background check disclosure and authorization form template ensures compliance while fostering a positive candidate experience. Note that you will need separate templates for disclosure forms and authorization forms.
Pro tip: Make background check compliance even easier with criteria evaluation.
Key Elements of an FCRA-Compliant Disclosure and Authorization Forms
A Fair Credit Reporting Act disclosure requires that employers meet specific criteria when drafting their forms. These include:
Clear and Conspicuous Presentation
The disclosure must clearly state that the employer will conduct a background check for employment purposes. It should not include extraneous information that may confuse the candidate.
Stand-Alone Document
Purpose and Intent
Clearly state the purpose of the background check. This may include looking at the candidate’s criminal history, credit report, or other important information.
Candidate Authorization
The candidate must sign an authorization form, confirming they understand and agree to the background check.
Keep reading: Dive deep into background check compliance with this in-depth guide.
Avoiding Common Pitfalls
Many employers unintentionally create compliance risks by overlooking key FCRA requirements. Here are some common mistakes and how to avoid them:
Including Extraneous Information
A disclosure regarding background investigation must focus solely on the background check. Avoid adding details about company policies, liability releases, unrelated employment terms, or even state-specific background check language.
Failing to Provide a Stand-Alone Document
Combining the disclosure form with other application materials, like drug testing consent, can cause legal issues. Courts have consistently ruled that this practice violates FCRA guidelines.
Outdated Templates
Using an old background check disclosure and authorization form template may not align with evolving laws. Regularly review and update your forms to comply with federal, state, and local regulations.
Keep Reading: What HR Professionals Need to Know about the EEOC
Updating Your Disclosure Forms
Keeping your disclosure forms up to date is essential for mitigating risk. Here’s how you can ensure compliance:
Consult Legal Experts or Screening Professionals
Partnering with a background check company ensures your forms meet the latest legal standards. Professionals in this field are familiar with FCRA requirements and can assist in creating compliant sample documentation.
Stay Informed
Check the official websites of the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) often. Look for updates on the background check process and compliance requirements.
Enhancing the Candidate Experience
The disclosure and authorization stage sets the tone for the candidate experience. Clear communication about the type of background check being done builds trust with applicants. This includes checks for criminal history, social media, or credit reports.
Keep Reading: How Applicant Advocate Programs Help Candidates & Protect Businesses
When and How to Use Background Check Authorization Forms
Employers should present the background check authorization form before initiating any background screening activities. This form must:
- Be signed by the candidate, indicating their informed consent.
- Clearly specify the scope of the investigation (e.g., employment, education verification, or criminal record checks).
- Comply with all applicable laws for the jurisdiction where the candidate resides and where the business operates.
On the blog: Ban the Box laws limit how and when you can inquire about a candidate’s criminal record.
Partnering with the Right Background Check Service
Selecting the right background check service is crucial for maintaining compliance and ensuring a smooth hiring process. Look for providers who:
- Offer customizable background check disclosure and authorization form templates that align with your organization’s needs.
- Stay updated on federal, state, and local regulations.
- Provide a seamless background check process for both employers and candidates.
Keep Reading: How your background check provider should be keeping your employee data safe.
The Cost of Non-Compliance
Non-compliance with FCRA requirements can lead to lawsuits, fines, and reputational damage. In recent years, several high-profile companies have faced legal action for failing to meet disclosure and authorization standards. These cases underscore the importance of adhering to strict compliance protocols when conducting employment background checks.
FAQ: Background Check Disclosure and Authorization Forms
Can I combine the disclosure and authorization forms into one document?
It is strongly recommended that you provide these as separate documents to avoid any legal ambiguity.
What is the “stand-alone” requirement?
The FCRA mandates that the disclosure regarding background investigation must be a separate document, uncombined with any other employment-related materials.
How often should I review my disclosure forms?
Regular reviews are essential, especially when federal, state, or local laws change. Consider reviewing your forms annually or whenever significant legal updates occur.
What information should be included in the disclosure?
Clearly say that you will do a background check. Explain its purpose, like for employment. Make sure to get the candidate’s acknowledgment.
What happens if I fail to comply with FCRA guidelines?
Non-compliance can result in lawsuits, hefty fines, and reputational harm to your organization.
Staying Compliant is Always Worth the Time
Following FCRA guidelines for background check forms is an important part of your hiring strategy. By maintaining clear, updated, and legally sound documentation, you protect your organization while fostering trust with candidates.
When in doubt, consult a trusted background check company to help you navigate the complexities of background screening laws. By prioritizing compliance, you safeguard your business and enhance the overall candidate experience.
Looking for the right background check company? Give InfoMart a try.
About Tim Gordon
Tim Gordon, InfoMart’s Chief Compliance Officer, is a seasoned, knowledgeable professional in the background screening industry dedicated to driving InfoMart’s operations efficiently and profitably. Tim utilizes his extensive history in multiple positions across the company to oversee the processing of InfoMart’s core service offerings. He joined InfoMart in 2004; his tenure at InfoMart has been one of efficiency, communication, and continued innovation. With over a decade of experience running InfoMart’s compliance team, Tim is instrumental in proactively updating company regulations to keep InfoMart ahead of legislative changes. He previously sat on the Background Screening Credentialing Council with PBSA, where he helped oversee the accreditation program. Now, he serves as the Chair of the Professional Background Screening Association, where he helps steer the screening industry and shapes compliance initiatives globally.
About InfoMart
InfoMart has been revolutionizing the global background and identity screening industry for 30 years, providing businesses the information they need to make informed hiring decisions. They develop innovative technology that modernizes talent onboarding, including a first-to-market biometric identity authentication application and a verified sanctions search. The WBENC-certified company is a founding member of the Professional Background Screening Association, and they have achieved PBSA accreditation in recognition of their consistent business practices and commitment to compliance with the FCRA. The company is dedicated to customer service, speed, and accuracy, and it has been recognized for its success, workplace culture, and corporate citizenship with over 45 industry awards. To Get the Whole Story on InfoMart, please visit www.InfoMart-USA.com, follow @InfoMartUSA, or call (770) 984-2727.