Pre Employment Background Check Authorisation Form for the United States

Pre Employment Background Check Authorisation Form Template for United States

This document is a legally compliant authorization form used in the United States that enables employers to conduct background checks on prospective employees. The form meets requirements set forth by the Fair Credit Reporting Act (FCRA) and various state laws, providing necessary disclosures and obtaining explicit consent from job candidates for background screening. It includes sections for personal information collection, clear disclosure of the background check process, specific authorizations for different types of checks, and mandatory notices of rights under federal and state laws.

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What is a Pre Employment Background Check Authorisation Form?

The Pre-Employment Background Check Authorization Form is a crucial document in the U.S. hiring process, designed to comply with federal and state regulations while protecting both employer and candidate interests. It must be provided to and signed by job candidates before any background screening can be conducted, in accordance with the Fair Credit Reporting Act (FCRA) and state-specific requirements. The form typically includes comprehensive personal information collection, clear disclosures about the nature and scope of the background check, explicit consent sections, and mandatory rights notifications. It's essential for risk management, regulatory compliance, and maintaining a safe workplace, while also ensuring transparency in the hiring process. The document should be regularly reviewed and updated to maintain compliance with evolving legal requirements and best practices in employment screening.

What sections should be included in a Pre Employment Background Check Authorisation Form?

1. Applicant Information: Collection of basic personal information including full legal name, all other names used, current address, previous addresses, date of birth, social security number, and other identifying information required for background check purposes

2. Disclosure Statement: Clear statement that a consumer report/background check will be obtained for employment purposes, as required by FCRA

3. Scope of Authorization: Detailed description of the types of background checks that may be conducted (e.g., criminal history, employment verification, education verification, credit history)

4. Authorization and Consent: Express written consent from the applicant authorizing the employer and its agents to conduct the background check and obtain consumer reports

5. Rights Notice: Summary of candidate's rights under the FCRA and applicable state laws, including the right to dispute incomplete or inaccurate information

6. Certification and Signature: Acknowledgment section where the applicant certifies that all provided information is true and signs/dates the authorization

What sections are optional to include in a Pre Employment Background Check Authorisation Form?

1. International Background Check Authorization: Additional authorization section for conducting international background checks, used when position may require verification of international history or candidate has lived/worked abroad

2. Credit Check Authorization: Specific authorization for credit history checks, used only when relevant to the position and permitted by state law

3. Drug Testing Consent: Additional consent for drug screening, included when drug testing is part of the background check process

4. State-Specific Disclosures: Additional disclosures required by specific states (e.g., California, New York), included based on applicant's location or job location

5. Social Media Screening Authorization: Specific consent for social media background screening, used when employer conducts social media reviews as part of background check

What schedules should be included in a Pre Employment Background Check Authorisation Form?

1. Summary of Rights Under the FCRA: Mandatory FCRA document providing detailed explanation of candidate's rights regarding background checks and consumer reports

2. State-Specific Rights Summaries: Additional rights summaries required by specific states where applicable

3. List of Authorized Background Check Components: Detailed list of specific background check elements that may be conducted, including databases searched and verification processes

4. Privacy Policy: Detailed explanation of how personal information will be collected, used, stored, and protected during the background check process

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Authorization Form

Cost

Free to use
Relevant legal definitions
Relevant Industries

Healthcare

Financial Services

Education

Technology

Government

Retail

Manufacturing

Transportation

Professional Services

Non-Profit

Construction

Energy

Telecommunications

Defense

Hospitality

Relevant Teams

Human Resources

Legal

Compliance

Talent Acquisition

Recruitment

Personnel Management

Risk Management

Relevant Roles

Human Resources Manager

Talent Acquisition Specialist

Recruiting Coordinator

HR Director

Compliance Officer

Employment Attorney

HR Business Partner

Hiring Manager

Personnel Manager

HR Administrator

Recruitment Manager

HR Compliance Specialist

Industries
Fair Credit Reporting Act (FCRA): Federal law that regulates the collection, dissemination, and use of consumer information, including background checks. Requires employers to obtain written consent, provide specific disclosures, and follow adverse action procedures.
Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on race, color, religion, sex, and national origin. Relevant for ensuring background check policies don't create disparate impact.
Americans with Disabilities Act (ADA): Protects qualified individuals with disabilities from discrimination in employment processes, including during background checks.
Equal Employment Opportunity Commission (EEOC) Guidelines: Provides guidance on how criminal history information should be used in employment decisions to prevent discrimination.
Privacy Act of 1974: Establishes guidelines for the collection, maintenance, use, and dissemination of personal information maintained by federal agencies.
Ban the Box Laws: State and local laws that restrict when employers can inquire about criminal history in the hiring process.
State Fair Chance Laws: State-specific regulations that govern how and when employers can consider criminal history in employment decisions.
Driver's Privacy Protection Act (DPPA): Regulates the disclosure and use of personal information contained in state motor vehicle records.
State Consumer Protection Laws: Various state laws that may impose additional requirements on background checks and consumer reports.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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