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USAFACT

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The Fair Credit Reporting Act (FCRA) The Driver Privacy Protection Act (DPPA) American's with Disabilities Act (ADA) State civil statutes ... – PowerPoint PPT presentation

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Title: USAFACT


1
USA-FACT
  • Screening Compliance
  • Disclosure
  • Authorization
  • Adverse Action
  • Applicant Disputes

The FACT Academy
2
USA-FACT
Professional Applicant Screening Services
USA-FACT provides comprehensive applicant
screening solutions to organizations seeking to
minimize the risk created by today's uncertainty.
Our detailed Background Reports assist a variety
of companies from the Fortune 500 to the small
business owner needing a hand in making hiring
decisions.
3
USA-FACT
Industry Compliance
Legal compliance in the use of background
screening information is critical. Failure to
comply with government regulations can lead to
potential judgments against employers and
screening companies alike. USA-FACT background
reports comply with all federal and state
guidelines and this presentation will demonstrate
the policies and procedures necessary to keep
your organization compliant.
4
USA-FACT
Setting Up Your Screening Program
With Knowledge Comes Great Responsibility It is
very important to standardize your organizations
screening program to ensure compliance and
confidentiality. 1. Develop a Screening Policy
for your organization. 2. Follow the legal
guidelines of screening. 3. Select the Vendor
that is the best fit for your organization. 4.
Protect all confidential information.
5
USA-FACT
Policy Development
  • In Policy Development, consistency is key
  • Which employees in your organization will
    perform screening?
  • Which positions require applicant screening?
  • What will they be screened for?
  • Develop criteria for pass/fail in the screening
    process.
  • How and where will applicant screening
    information be stored?
  • Identify and Implement all new screening
    compliance.

6
USA-FACT
  • Legal Guidelines
  • Legislation for background screening is ever
    changing. Human Resource Professionals are
    dependent upon their screening companys
    interpretation of the laws that govern background
    screening. The legislation that predominantly
    governs background screening includes
  • The Fair Credit Reporting Act (FCRA)
  • The Driver Privacy Protection Act (DPPA)
  • Americans with Disabilities Act (ADA)
  • State civil statutes
  • Any and all laws that protect consumer
    information

7
USA-FACT
  • Basic Industry Compliance
  • The compliance process begins with four basic
    steps
  • Step 1 is Disclosure. A company must disclose to
    the applicant that they conduct applicant
    screening before a hiring decision.
  • Step 2 is Authorization. A company must have
    permission from the applicant before an applicant
    can be screened.
  • Step 3 is Summary of Rights. A company must
    provide an applicant with a copy of their Summary
    of Rights.
  • Step 4 is Adverse Action. If a company chooses
    not to hire an applicant based on their
    background information, the applicant must be
    notified.

8
USA-FACT
So What Does the Overall Process Really Look Like?
The resume looked great, the interview went well,
now it is time to screen the applicant.
Step1
Before You Screen
9
USA-FACT
So What Does the Overall Process Really Look Like?
Ok, the applicant was informed of our
organizations screening policy, whats next?
Step2
Before You Screen
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USA-FACT
So What Does the Overall Process Really Look Like?
Is there any other documentation I should provide
the applicant?
Step3
Before You Screen
11
USA-FACT
So What Does the Overall Process Really Look Like?
Everything looks in order, can I now order the
background report?
Step4
Before You Screen
12
USA-FACT
But the background report did not meet our
standards.
Resume and Interview were terrific, but this
candidates past excludes them from working for
our organization, how do we legally inform them
of our decision not to hire?
Step1
Adverse Action
13
USA-FACT
But the background report did not meet our
standards.
I have reviewed the information and have a high
degree of certainty that the information on this
report is accurate and there is sufficient
identifying criteria to conclude that this
information matches my applicant.
Step2
Adverse Action
14
USA-FACT
But the background report did not meet our
standards.
I have contacted the applicant via phone, mail,
or email and the applicant did not dispute my
findings. How do I proceed?
Step3
Adverse Action
15
USA-FACT
But the background report did not meet our
standards.
I mailed the Adverse Action Letter, is there
anything else you recommend for this process?
Step4
Adverse Action
16
USA-FACT
Internet Resources
Compliance forms and methodologies can be found
on the USA-FACT web site. Our Compliance Made
Easy Module will help you to develop your
organizations screening process with easy to use
documents and forms.
www.usafact.com
17
USA-FACT
  • Industry Privacy Concerns
  • Identity Theft is a major crisis in the United
    States and the screening industry has been
    targeted by Identity Thieves as a source where
    they can obtain personal consumer information
    such as credit reports in order to steal
    identities. It is vital for your organization to
    practice privacy, confidentiality, and security.
  • Only transmit data through secure Internet
    connections
  • Never email personal or confidential
    information
  • Keep records in a safe and secure place
  • Guard access to your applicant database

18
USA-FACT
To Learn More About Screening
  • USA-FACT created a consumer awareness site in
    2005. Our goal was to provide consumers a web
    site with information regarding the screening
    process. The Review My Report web site allows
    consumers the ability to
  • Understand the background screening process
  • Obtain contact information for information
    agencies
  • Electronically dispute information contained on
    their report
  • Contact information for USA-FACT

www.reviewmyreport.com
19
USA-FACT
How Do We Remain Up-to-date with Changing
Compliance?
  • USA-FACT is involved in our industry and we are
    members of many types of Associations including
  • The National Association of Professional
    Background Screeners
  • The HR-XML Technology Consortium
  • TransUnion Client Advisory Board
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