FCRA & EEOC

Information on the FCRA, EEOC, and Background Check Specialist, Inc.

US Federal Fair Credit Reporting Act (FCRA) and the Equal Employment Opportunity Commission (EEOC)

The US Federal Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681 et seq. is the federal law that governs the preparation, dissemination, and use of background check reports for employment purposes (consumer reports).

According to the Fair Credit Reporting Act (FCRA), it imposes, and among other obligations, the requirement of using consumer reports accessed for employment purpose in compliance with federal and state Equal Employment Opportunity (EEOC) regulations. The U.S. EEOC (Equal Employment Opportunity Commission) therefore, responsible for enforcing Title VII of the Civil Rights Act of 1964. An employer is covered under Title VII if it has at least 15 employees and more.

Information on the employment issues and the EEOC can be located on the EEOC’s Employers page http://www.eeoc.gov/employers/index.cfm.

Recently, the EEOC has issued updated guidance explicitly on the use of arrest and conviction records in employment decisions. The guidance document, Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 is available on the EEOC’s website http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm.

Based on the recommended best practices, the EEOC has provided a Q & A document that answers issues related to the guidance: http://www.eeoc.gov/laws/guidance/qa_arrest_conviction.cfm.

To ensure compliance with this newly issued Guidance, employers are encouraged to evaluate their current on-boarding practices to determine compliance and consult with legal counsel.