FTC – Disclosure Publication

Posted: May 03, 2017

On April 28, 2017, the FTC published an education piece which provides information for employers regarding disclosure and authorization forms. Click here to read the article “Background checks on prospective employees: Keep required disclosures simple” from the FTC.

Here are some examples of the kind of things that shouldn’t be in this simple document:

  • Don’t include language that claims to release you from liability for conducting, obtaining, or using the background screening report.
  • Don’t include a certification by the prospective employee that all information in his or her job application is accurate.
  • Delete any wording that purports to require the prospective employee to acknowledge that your hiring decisions are based on legitimate non-discriminatory reasons.
  • Get rid of overly broad authorizations that permit the release of information that the FCRA doesn’t allow to be included in a background screening report – for example, bankruptcies that are more than 10 years old.
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