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As more and more information about potential hires becomes available to employers, figuring out how you can use it and stay on the right side of the law gets harder by the day.

Many federal and state laws and regulations govern consumer reports and investigative consumer reports, commonly referred to as

[employment] background checks, including without limitation and to the extent applicable, the federal Fair Credit Reporting Act (the “FCRA”) 15 USC § 1681 et seq., as amended by the Fair and Accurate Credit Transactions Act of 2003 and by Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act; analogous state and local laws and regulations; the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.); the Driver Protection Policy Act (18 U.S.C.§ 2721 et seq.); the Health Insurance Portability and Accountability Act (42 U.S.C. § 1320d); the fair information practice principles published by the Federal Trade Commission (the “FTC”); the Data Protection Act and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and applicable regulations and any applicable secondary legislation, regulations, and orders.

The Scherzer Difference

Scherzer International (SI) has been providing specialized background screening reports since 1993. Our global clients include commercial and investment banks, private equity funds, and many of the largest law and public accounting firms in the world. With a distinct portfolio of scalable, purpose-specific reports for business transaction due diligence, client acceptance or continuation, employment and regulatory compliance, our services have proven essential for informed decisions and sustainable risk-management.

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“Ban the Box” and Background Checks: Understanding Evolving Obligations: Following a string of jurisdictions that have adopted “ban the box” legislation, employers must be ever vigilant about these laws’ complex compliance requirements, while continuing to be mindful of their obligations under the separate, but equally important, Fair Credit Reporting Act. Cities from Los Angeles to Seattle to Philadelphia to New York have enacted “ban the box” ordinances, which significantly restrict employers from inquiring about or using job candidates’ criminal histories in employment decisions. For employers that operate in multiple jurisdictions, how should they address potentially conflicting requirements? And how will all of these changes impact the background screening processes, particularly concerning criminal history information?

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