Many organizations handle parts of their employment screening in-house like checking references or reviewing public social media while outsourcing the rest to a Consumer Reporting Agency (CRA). At first glance, this blended approach may seem cost effective. But in practice, it creates risk and undermines legal protection.
If you’re managing even a portion of your background checks internally, here’s what you need to know.
1. Legal Risks: You May Be Accessing Information You Shouldn’t Use
When screening is handled outside of a CRA’s structured, compliant process, you risk uncovering information that you legally cannot consider in hiring decisions. Examples include:
- Arrest records without convictions
- Details outside the scope of the Fair Credit Reporting Act (FCRA)
- Protected class information obtained through informal searches (e.g., social media)
Making hiring decisions based on this information could violate federal regulations and open you up to liability.
2. Loss of CRA Protection
A trusted CRA not only gathers information but also filters out data that’s irrelevant, outdated, or non-compliant. If you conduct any part of the screening independently, you forfeit those safeguards for that portion of the process.
That means:
- You assume full responsibility for the legality and fairness of those results
- Your CRA’s compliance protocols won’t apply to any internally sourced data
- You may miss key FCRA-required steps like pre-adverse action notifications
At Swailes Backgrounds, we manage these critical steps on your behalf ensuring every candidate is treated fairly and consistently under the law.
3. Discrimination Risks from Inconsistent Practices
When screening is done inconsistently, some applicants screened internally, others through a CRA, unintended bias or disparate treatment can occur. Even if the intent is neutral, inconsistent processes can expose your company to discrimination claims.
A centralized, consistent screening approach helps ensure:
- Equal treatment of all applicants
- Standardized decision making criteria
- Lower exposure to claims of unfair or biased hiring practices
The Safer, Smarter Approach
Entrusting your full employment screening process to a single, reputable CRA doesn’t just improve efficiency, it reduces your legal exposure and ensures full compliance with FCRA and EEOC guidelines.
At Swailes Backgrounds, we offer:
- Comprehensive, tailored screening solutions
- Full oversight of pre-adverse and adverse action processes
- Personalized support from experienced professionals who know the laws and how to apply them
Don’t take chances with compliance.
Let us manage your entire screening process for a consistent, legal, and hassle free experience. Contact us today to get started.
Need Help with Background Checks or Compliance?
Whether you’re hiring new talent or updating your screening processes, the Swailes Background Check team is here to help. From criminal background checks and FCRA compliance to drug testing, employment and education verifications, MVR reports, credit history reviews, and Social Security number validation, we provide fast enrollment and expert support every step of the way.
Contact us today to streamline your screening process with confidence.