Sample documents should NOT be construed as legal advice, guidance or counsel.
Employers should
consult their own attorney about their compliance responsibilities under applicable federal and state law.
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arising out of the information provided.
[Your Company Name]
Background Check Policy
Purpose
[Your Company Name] believes that hiring qualified individuals contributes to our overall
strategic success. Background checks serve as an important part of the selection process. The
information we collect helps [Your Company Name] promote a safe and secure environment for
our current and future employees and customers. Pre-employment background checks also
help us obtain information necessary to determine an applicant’s overall employability. Re-
screen background checks ensure the continued protection of [Your Company Name]’s physical
property, proprietary information, reputation, and other assets. [Your Company Name]
complies with all applicable federal, state, and local laws, including fair employment practices
and equal employment opportunity, when conducting background checks.
Applicability and Scope
At [Your Company Name] background checks will be conducted on [all job applicants/all job
applicants applying for sensitive positions]. [These include positions involving security and
financial responsibilities, as well as other positions determined by [Your Company Name] to be
sensitive.] Re-screens are conducted [annually, bi-annually, semi-annually] on [all employees/all
employees who have sensitive positions].
Information collected during the background check process includes information pertaining to
your character, fitness, reputation, and mode of living. Specifically, these reports (“consumer
reports”) may contain information regarding your [credit history, criminal history, social
security verification, motor vehicle records (“driving records”), verification of your education or
employment history,] or other background checks.
Procedure
[Your Company Name] will use a third-party agency to conduct the background checks to verify
the accuracy of the information you provide during the selection process. For pre-employment
checks, the background check will occur after a conditional offer of employment has been
extended by the hiring manager.
A background check report showing negative information will not automatically disqualify an
applicant or employee. Rather, determinations of suitability will be made based on:
• The contents of the background check report, including the severity and recency
of any offenses.
• The nature of the job or other role under consideration.
• The provisions of this policy.
• Full compliance with any and all local, state, and federal laws or regulations.
If the results of the background check are disqualifying, [Your Company Name] will inform you
before taking adverse action based on the results and will adhere to the requirements set forth
below.
Compliance and Responsibilities
[Your Company Name] will ensure that all background checks are conducted in compliance with
all applicable federal and state statutes, such as the Fair Credit Reporting Act (FCRA), the
Americans with Disabilities Act (ADA), and all other applicable laws and regulations. The
information that can be collected from previous employers and other sources will be limited to
that which is lawful and job-related.
The FCRA requires [Your Company Name] to obtain your written authorization before obtaining
a background check, or consumer report. When doing this, [Your Company Name] will:
Disclose to you, on a separate form, our plans to obtain a consumer report or investigative
consumer report and that the information received will be used solely for employment
purposes.
Inform you that the report will include information about your character, general
reputation, and personal characteristics.
Inform you of your right to request additional information on the nature of the report and
the means through which such information may be obtained.
Provide you with a summary of your rights under the FCRA.
Certify to the consumer reporting agency that it is in compliance with the FCRA and will not
misuse the information it receives.
[Your Company Name] complies with all applicable laws that require [Your Company Name] to
provide individuals with information before and after any adverse determination is made based
on the results of the screening. If [Your Company Name] may use the results of the background
check report to make an adverse decision, [Your Company Name] will:
• Notify you that an adverse decision is possible and provide you a copy of the
background check report and a statement of your rights from the Federal Trade
Commission.
• Provide you information about the source of the background check report and the
process to dispute the accuracy or completeness of the background check report.
• Where required by law, provide you with a copy of this Policy.
• Allow at least five (5) business days for you to dispute the accuracy of the
background check report.
If after providing the notice described above and allowing at least five (5) business days for you
to dispute the accuracy of the background check report, [Your Company Name] uses the results
of the background check report to make an adverse decision regarding an individual, [Your
Company Name] will:
• Notify you that an adverse decision has been made based on the information in the
background check report.
• Provide you information about the source of the background check report and the
process to dispute the accuracy or completeness of the background check report.
[The human resource department along with appropriate management personnel] will be
primarily responsible for the background check process. Background information will only be
used as part of the employment process and is kept strictly confidential. Only personnel with a
need to know such information in furtherance of their job duties will have access to this
information. [Your Company Name] complies with all applicable laws, rules, and regulations
regarding the collection, storing and disposal of applicant and employee information.
