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Background Checks
National Summary
With an increase in negligent hiring, retention, and defamation lawsuits, spiraling recruitment and training costs, and an upsurge in workplace violence and theft, employers feel they need to know as much as possible about every employee. Add that surveys report 30 percent to 50 percent of job applicants either lie or exaggerate on applications and during interviews, and the need to investigate and confirm application data is more important than ever. However, in an effort to appropriately balance an employer's “need to know” with an employee's privacy and equal employment opportunity rights, many federal and state laws regulate the type and amount of information that employers may obtain. Therefore, employers that are interested in conducting background investigations must be fully aware of each law's specific requirements and must tailor their employment practices accordingly or else risk the financial sting of stiff penalties.
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TypeTitleDateState
94182state_comparison_charts.aspxGuidance A Summary of Your Rights Under the Fair Credit Reporting Act (FCRA)  National
9335state_comparison_charts.aspxGuidance Arrest & Conviction Records, by State  National
91378state_comparison_charts.aspxGuidance Arrest & Conviction Records, by State (PDF)  National
2143timesavers.aspxForms Authorization for Release of Employment Information  National
75269training.aspxHandouts Background Check Basics (PDF) (Handout)  National
75270training.aspxQuizzes Background Check Basics (Quiz)  National
76520training.aspxTraining Talks Background Check Basics (Training Talk)  National
93189training.aspxHandouts Background Checks and the Law (Handout)  National
93190training.aspxQuizzes Background Checks and the Law (Quiz)  National
93188training.aspxTraining Talks Background Checks and the Law (Training Talk)  National
91070state_comparison_charts.aspxGuidance Background Checks, by State  National
91401state_comparison_charts.aspxGuidance Background Checks, by State (PDF)  National
87915faqs.aspxQuestions & Answers Can we ask the birthdate of a candidate to obtain the driving record? 05/26/2011National
86450faqs.aspxQuestions & Answers Can we conduct a background check on aliases we found out about from a source other than the employee? 03/23/2011National
93495faqs.aspxQuestions & Answers Can we run a crimnal background check prior to job offer with applicant permission if done consistently 04/29/2013National
82786faqs.aspxQuestions & Answers Can you tell us if the criminal background checks fall under FCRA? 07/01/2010National
78168state_comparison_charts.aspxGuidance Consumer Credit Reports and Driving Records, by State  National
91506state_comparison_charts.aspxGuidance Consumer Credit Reports and Driving Records, by State (PDF)  National
92085timesavers.aspxPolicies Criminal History Records Policy (Alternative)  National
1102timesavers.aspxPolicies Criminal History Records Policy (Sample)  National
18789timesavers.aspxLetters Employment Verification Letter Without Recommendation  National
92084timesavers.aspxPolicies Hiring, References, and Background Checks Policy (Sample)  National
78438timesavers.aspxForms Instructions for Form 8850  National
94180state_comparison_charts.aspxGuidance Notice to Furnishers of Information: Obligations of Furnishers Under the FCRA  National
94181state_comparison_charts.aspxGuidance Notice to Users of Consumer Reports: Obligations of Users Under the FCRA  National
2175timesavers.aspxForms Permission for Background Check  National
1571timesavers.aspxForms Reference Check Form  National
94989news.aspxNews San Francisco passes 'ban the box' ordinance for private employers, city contractors 02/27/2014National
84029faqs.aspxQuestions & Answers Under the FCRA, can a company do annual and/or random background checks on current employees if it has their consent on file? 12/20/2010National
18788timesavers.aspxLetters Unqualified Letter of Recommendation for Departing Employee  National
15527timesavers.aspxForms Verification of Previous Employment  National
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