The Trak-1 team has developed a series of materials to inform you on the necessity of background screening, how to hire with guaranteed employment ROI, and how to keep your organization safe. For more information on any of these topics, please visit http://www.trak-1.com!

1. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
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2. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
The Basic Truths About Background Screening:
Evaluating Your Screening Program for Basic FCRA
Compliance
Trak-1 is an Accredited Member of NAPBS

3. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
Your Host: Rick Coltman
Director of Strategic Marketing and Alliances,
Trak-1 Technology, Inc.
• Please Post Any Questions or Comments You Have in the Comments
Section.
• Want Further Information or Have Additional Questions? Contact Trak-1 at
Rick.Coltman@trak-1.com
• Hopefully You Find this Webinar Informative! Please Join Us for Each
Webinar at http://trak-1.com/webinar
Your Presenter: Matt Graham
VP of Operations, Trak-1 Technology,
Inc.

4. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
OURFCRA
CHECKLIST

5. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
1. FCRA Myths And Goals
2. Disclosure And Authorization
3. Policy, Procedures And Practices
4. What Can And Cannot Be Asked Of Applicants
5. Appropriate Decision Making And Processes Based
On Business Application

6. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
Dispel The FCRA Myths
Any Organization Assembling Information About A
Consumer And Issuing A Report For A Fee Qualifies As A
CRA.
#1
Not Just Employees
The Fair Credit Reporting Act Applies To
All Background Screening Performed
By A Consumer Reporting Agency
(CRA)
Not Just CreditNot Just Criminal

7. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
• Protect The Privacy Of Consumer
Report Information
• Guarantee Information Supplied By
CRAs Is As Accurate As Possible
• Inaccurate Or Incomplete Consumer
Reports Could Cause:
– Applicants To Be Denied Jobs
– Employees To Be Unjustly Denied
Promotions
UNDERSTAND THE GOALS OF
THE FCRA
#1

8. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
State law specific requirements
CONSUMER NOTICE REQUIREMENTS
#2
Provide Written Notice That A Consumer Report
May Be Obtained
It Is Clear And Conspicuous
Use A Separate Document From The
Main Application
Provide/Obtain Before The Consumer Report Is
Requested (Key For Integrated Online Systems)
Specify Consumer Rights Under The
FCRA
Post-conditional Offer? (Preferred By
EEOC)
1
2
3
4
5
6
7

9. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
• Written Authorization From The Consumer
• Prior To Requesting A Consumer Report
• Separate Form From Application
• Same Form As Notice
• No Waiver Or Disclaimer Of FCRA Obligations Or Rights Possible
• Must Show Specific Screening Firm By Name, Address And Toll-
free Number Of Screening Firm On Form
• Specify Scope Of Screening Authorized (I.E. Type And Purpose)
• Specify Scope Of Authorization (Multiple Entities, Over Time, Etc.)
• State Law Specific Requirements
CONSUMER AUTHORIZATION
REQUIREMENTS
#2

10. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
– Location Of Service/Hire/Housing
– Position/Property
– Department/Unit
– Authority Or Price Level
– Relationship To Company (Volunteer, Contractor, Employee, Professional Staff,
More)
– Risk Requirements (DOT, Financial, HIPPA, Public Housing, Etc.)
Custom Screening Packages
#3
Properly Tailored Programs
Have Custom Screening
Packages That Are Tailored By:

11. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
• Motor Vehicle Records (DOT And Non-dot)
• Credit Reports (Differ By Purpose)
• Previous Employment/Education/Credential Verification
• References (Personal, Professional, Character)
• Drug Testing Or Physical Ability Testing
Screening Products By Purpose
#3
All The Different Products: • Identity Verification Tools
• Multi-state/National Criminal/Civil Databases
• State Criminal/Civil Record Repositories
• Offender And Other Registries
• County-level Searches

12. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
Decision Making Criteria
#3 There Should Be Different Criteria For Each Applicat
Objective, Standard
Criteria Required
Ex: Anyone Having A
Record Of A Violent
Felony Level Offense Is
Prohibited From
Working For Our
Company
Individualized
Assessment Required
Ex: Analyze Each
Felony Record For
Each Applicant For
Each Position
Prohibited By EEOC
Discouraged By HUD
Historically Today Black And White

13. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
“Ban The Box”
What Can Be Asked In An
Application
#4
2012 EEOC Guidance Says Employers Cannot
Ask About Convictions On Applications
If/When Inquiries Are Made They Should Be
Limited To Those Which Are Specific And Job-
related…
For Example: “Please Provide Information
About Any Previous Conviction Which Might
Impact Your Ability To Be Eligible For This
Position.”

14. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
FCRA Restrictions On Reporting Of Arrest Records
About Arrest Records
#4
Use Of Arrest Records Is “Not
Job Related And Consistent
With Business Necessity” – Per
The 2012 EEOC Guidance
Employer May Make A Decision
On The Underlying Conduct If
The Conduct Makes The
Individual Unfit For A Position

15. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
EEOC Revises Enforcemant
Guidance
#4
Revised April 25, 2012 (Last
Updated Over 20 Yrs. Ago)
Interprets Title VII Of Civil Rights
Act, ADA, ADEA, GINA, EPA
Starts From The Premise That Using
Criminal Records In Employment Decisions
Is Presumed To Have A Disparate Impact
Absent Additional Factors Establishing No
Such Impact

16. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
Factors To Consider Per EEOC
#5
The Nature Of The
Position Held/Sought
The Time That Has Passed Since
Conviction/Sentence
The Nature And Gravity
Of The Offense(s)

17. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
The Facts Or Circumstances Surrounding The Offense Or
Conduct
The Number Of Offenses For Which The Individual Was
Convicted
Older Age At The Time Of Conviction, Or Release From
Prison
Individualized Assessment Of
#5

18. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
Evidence That The Individual Performed The Same Type
Of Work, Post Conviction With The Same Or A Different
Employer, With No Known Incidents Of Criminal Conduct
The Length And Consistency Of Employment History
Before And After The Offense Or Conduct
Rehabilitation Efforts, E.G., Education/Training
INDIVIDUALIZED ASSESMENT OF
#5

19. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
Employment Or Character References And Any Other
Information Regarding Fitness For The Particular
Position
Whether The Individual Is Bonded Under A Federal,
State, Or Local Bonding Program.
Individualized Assessment Of
#5

20. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
Take Away Points
• Employee Screening Best Practices
• Review your compliance based on EEOC enforcement guidance
• Order hit verification upfront to increase accuracy and expedite hiring
• Review your pre and post adverse action process
• Go beyond criminal records
• Consider probationary period pending screening
• Volunteer Screening Best Practices
• Understand the risk of defamation, privacy claims
• Pre and post adverse action process applies
• Order hit verification upfront to increase accuracy and expedite hiring
• Go beyond sex offender registry

21. The Basic Truths About Background Screening, Part 4 Copyright © 2015 TRAK-1 Technology, Inc. All Rights
Coming Up Next…
Evaluate Your Program for FCRA Compliance
(continued)
1.800.600.8999 www.trak-1.com
Contact Nancy Roberts directly or talk with Trak-1’s FCRA certified
screening professionals and begin – Ruling In The Right People!