As per the FCRA laws, adverse actions need to be taken when a candidate is denied employment based on the grounds of a failed background check. Adverse action as straightforward as it sounds, can also lead to chaos. Adverse action is generally taken when there’s a problem in the background verification. It might be because of one of the many reasons such as a criminal history, breaching of contracts, theft, incarceration etc.
Generally when this happens, the employer is bound to follow the two step notification process implemented by the FCRA:
Pre - Adverse Action Notification :-
Pre Adverse action notification is generally given to the candidate as a written statement and also the information is provided in advance regarding the initiation of the Adverse Action. The candidate is also provided with a copy of the background check report by SpringVerify which is the Consumer Reporting Agency (CRA)
Final - Adverse Action Notification :-
Once the Adverse action has been taken, the employer should give the candidate a reasonable amount of time to review the background check report, to dispute if there’s any irregularities found.
Initiation of Pre-Adverse Action :-
A Pre-Adverse Action is generally initiated when there’s any mishap in the background check. It is also an indicator that your background check status is under review and is pending for approval.
Waiting period of the Adverse Action :-
SpringVerify has adopted the FTC’s suggestion of “meaningful opportunity” and has set the review and dispute communication follow up of the candidate to be five business days.
If the candidate responds back with certain irregularities in the consumer report,SpringVerify will review the information and communicate the developments made on the report within 15 days.If the candidate fails to respond within five business days, an Adverse event letter will be sent and the report will be archived.
Ban the Box & EEOC (Equal Employment Opportunity Commission):-
As a CRA, SpringVerify truly believes that EEOC & “Ban the Box” policy should be religiously followed. Candidates with criminal records are given a chance to add additional information around the offence, so that an assessment can be made based on the individual to ensure a fair hiring process.
SpringVerify offers an automated, ready to use adverse action workflow from start to finish required by the federal, state and local laws. In the end, it’s you as an employer who has to make the final decision with regards to the adverse action being taken against a candidate.