Pro Bono Partnership of Atlanta
Does your organization conduct criminal background checks on employees and volunteers? If so, you must comply with the Fair Credit Reporting Act. In this webcast, we will provide you with step-by-step instructions for ensuring that your organization provides job applicants and volunteers with the disclosures and notices required by the law.
Presenters: Craig Bertschi, Kilpatrick Townsend
Please click here for the Summary of Rights Under FCRA and the Sample Authorization and Disclosure Form
Many nonprofit employers conduct background checks on potential employees and volunteers. Under the Fair Credit Reporting Act (“FCRA”), employers must obtain a signed Disclosure and Authorization form from an applicant before conducting a background check. The FCRA requires that the form be a completely standalone document, without any additional information. A court recently ruled that employers may not include in the form language asking the applicant to release the company from liability in connection with the background check. An employer that includes such language in the form rather than presenting it in a separate document is potentially liable for significant damages and court costs.
Authorization for Background Checks
Article: Fair Credit Reporting Act Background Check AuthorizationGeorgia employers who hire and retain employees with prior criminal convictions may be protected against negligent hiring and retention claims under the new Fair Business Practices Act, which took effect July 1, 2014.
The Act provides that employers are presumed to have exercised the necessary due care in hiring, employing and otherwise interacting with former criminal offenders who either received a pardon or earned a program certificate issued by the Department of Corrections for successful completion of a re-entry assistance program. The new law does not extend protection for serious violent offenders, and it does not give employers unchallenged protection against claims of negligence.
Negligent hiring or retention claims still may be supported by evidence outside the scope of the pardon or program certificate of which the employer knew or should have known. For example, the new law does not alleviate the need for background checks by employers. For additional information, read the full article.
Georgia Employers Given Protection against Negligence Claims in Hiring Ex-Offenders
Article: Georgia Employers Who Hire Ex-Offenders are Provided New Protection against Negligent Hiring and Retention Claims
This legal alert discusses how criminal background checks, when improperly used, may unwittingly make an employer liable for discrimination. It also explains how employers can avoid such claims by following the EEOC’s suggested best practices for employers.
Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on the laws of the District of Columbia. As a result, the information may not be appropriate for organizations operating outside the District of Columbia.
Sutherland D C Bar Legal Alert on EEOC Criminal Records Guidance
A frequently asked questions document on running background checks and a list of sources.
Article: Background Checks For NonprofitsA nonprofit should perform some type of background investigation before hiring an employee and, in some cases, before engaging a volunteer. For some positions, it may be sufficient to check the work history and references. For others, it may be necessary to check criminal records, driving records and/or credit history. This article provides guidance on “best practices” for performing background screening.
Article: Background Screening