Properly Handling Background Checks

Posted by Rural Water Alliance

Service Area(s): legal

Using criminal background reports to screen applicants can be valuable, yet tricky. Indeed, many rural water associations now conduct criminal background investigations on potential employees to determine suitability for employment. Although this can be a proactive risk management practice, it can also lead to litigation if the association does not carefully follow federal laws regulating the use of such reports. The Fair Credit Reporting Act (FCRA) provides strict guidelines for an employer’s use of criminal background reports, and gives an aggrieved job applicant a right to sue an employer in federal court. Unfortunately, the employer’s practices are often unintentional and simply reflect a misunderstanding of the law. This means that many appliants may have been affected bythe employer’s conduct, leading to potential class action litigation.

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