Holtsville, NY (PRWEB) December 20, 2012
CARCO Group, Inc., headquartered in Holtsville, NY, published a timely whitepaper outlining the pitfalls that occur when using commercial databases as a standalone research tool to conduct criminal history inquiries of prospective employees, and has provided a series of the best practices for employers to consider to avoid potential civil liability when using criminal background checks.
The whitepaper discusses specific cases, federal law and recent federal enforcement actions, that illustrate the following cautions covered in detail:
1. Databases of criminal records that are not official government repositories of record must only be used as “pointers” to identify possible criminal record information for verification;
2. Criminal searches must be conducted through official government repositories;
3. When using database searches, always verify possible records found with searches of the appropriate official government repositories to ensure accurate, complete and up to date information;
4. Criminal records should be reported only in accordance with the FCRA and applicable state and local laws;
5. With legal counsel, identify in advance those offenses that are not relevant to the position and require that your background provider not report those offenses and non-convictions so as not to taint reports with irrelevant information that could create avoidable litigation (and in any case never report “arrest only” information that has not reached the stage of prosecution pending);
6. Require that criminal records be reported only if a minimum of 2 unique identifiers (such as name and date of birth or name and social security number) match the candidate, and those records are verified by the provider;
7. Ensure that you have a robust and compliant means to comply with FCRA notifications and EEOC guidance regarding individual assessment.
The full whitepaper can be downloaded at http://www.carcogroup.com/white-papers-signup10.php
CARCO celebrates 35 years as the leader in quality of service, timely reporting, cost-effectiveness, best-in-class technology, and legal expertise in the pre-employment screening industry. CARCO’s Onboarding Solution eliminates paper processes and ensures efficient and compliant hiring. Full-service offerings include background screening products, electronic I-9/E-Verify processes, vendor screening, and drug testing.