Navigating Adverse Action During the Background Check Review Process
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By Turn Staff
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Employers must follow the Adverse Action process when background check results may negatively impact employment decisions. This process involves reviewing background check information, making employment-related decisions based on it, and sending notices of potential adverse action to applicants. Adhering to this process is important to avoid legal risks and ensure fairness.
Before initiating Adverse Action, employers should consider the Equal Employment Opportunity Commission‘s guidance and conduct an individualized assessment. The assessment involves examining the nature and severity of the offense, the time that has passed since the offense, and how it relates to the job position. Factors like prior history and evidence of rehabilitation should also be considered. Some jurisdictions legally require employers to conduct individualized assessments and provide written analyses to candidates.
The adverse action process includes several steps. Employers must send a Pre-Adverse Action notice to the candidate, along with a copy of the background check report and a summary of their rights under the Fair Credit Reporting Act. A reasonable waiting period is then provided for the candidate to respond. Employers must review the candidate’s response, reconsider corrected information, and pause the process if there are disputes. A final adverse action notice is sent if the decision remains adverse or if the candidate does not dispute the report. This notice informs the candidate of their right to dispute the decision and obtain another copy of the background check report.
Turns's integrated Adverse Action workflow streamlines the process for your hiring teams, easing their administrative burden.
It provides candidates with an opportunity to provide additional context regarding their records, promoting fairness. Within Turn’s Dashboard, you can effortlessly initiate Adverse Action. This user-friendly workflow takes care of sending the necessary notices on your behalf.
Adjudicating background check reports can be a time-consuming task, and complying with Adverse Action requirements can be intricate. Mistakes or oversights in these areas can potentially expose your organization to legal liabilities. By utilizing Turn, you can save valuable time, simplify the management of your adjudication process, and effectively handle compliance needs with Adverse Action regulations
Schedule some time with our experts for a free consultation to review your current screening process.
Disclaimer:
Turn’s Blog does not provide legal advice, guidance, or counsel. Companies should consult their own legal counsel to address their compliance responsibilities under the FCRA and applicable state and local laws. Turn explicitly disclaims any warranties or assumes responsibility for damages associated with or arising out of the provided information.
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