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.
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
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.
A frequently asked questions document on running background checks and a list of sources.
A 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.
Nonprofits cannot avoid liability all together. There is always a chance that a client or a volunteer is injured. But a nonprofit can help avoid problems and limit their exposure by using background checks and getting waivers from clients and volunteers.
During this one hour webinar, our speaker discusses:
- When background checks should be performed and how to perform them
- Creating a procedure for background checks
- Client and volunteer waivers
Presenter: Lawton Hawkins, The Coca-Cola Company