Legal Library

• The Fair Credit Reporting Act (FCRA) – 15 U.S.C. 1681 and The Consumer Credit Reporting Reform Act of 1996
• FTC Issues Final Summaries And Notices Under FACTA
• Federal Trade Commission Staff Opinion Letters
• Fair and Accurate Credit Transactions Act – Prevents identity theft and improves the resolution of consumer disputes, the accuracy of consumer records, and the use of and consumer access to credit information
• Analysis of the Fair and Accurate Credit Transaction Act
• Congress Fixes the Vail Letter – Section 611 of the Fair and Accurate Credit Transaction Act partially fixes problems created by a 1999 FTC opinion letter (Vail) about workplace investigations
• U.S. Patriot Act – An act to deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigator tools, and for other purposes
• Sarbanes-Oxley Act of 2002 – An act to protect Investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws, and for other purposes
• The Americans with Disabilities Act (ADA) – 42 U.S.C. 12101 et seq.
• Consumer Reporting Employment Clarification Act of 1998 2561
• EEOC Guidance on Pre-Employment Inquiries under the ADA – Pre employment Disability-Related Questions and Medical ExaminationInsurance Act – Section 19, Penalty for Unauthorized Participation by a Convicted Individual
• Department of Transportation Requirements – Regulatory Guidance for the Federal Motor Carrier Safety Regulations
• Department of Transportation Drug Testing – DOT Urine Specimen Collection Guidelines for the U.S. DOT Workplace

Reasons to Conduct a Background Check

A pre-employment background check can not only save you money in the long run, it can also protect your business. How? If your employees come into direct contact with your customers (for example, in a care capacity) and cause harm to a customer, your business can be liable if that employee has a criminal record. A background check can also provide insight into an individual’s behavior, character, and integrity.

Pending Federal Legislation

• H.R. 18 – Medicare Fraud Prevention and Enforcement Act. Will require the Secretary to conduct background checks on individuals that apply to the Secretary for a Medicare provider number.
• H.R. 208 – Senior Safety Protection Act. Will require long-term care providers to conduct background checks on applicants and prohibit the hiring of individuals who have been convicted of a relevant crime or registered for patient or resident abuse.
• H.R. 364 – Social Security Act amendment that will require criminal background checks on drivers providing Medicaid medical assistance transportation services. Individuals convicted of violent felonies or any felony relating to the use of, distribution, or manu
• H.R. 439 – Domestic Consumer Safety Act. Will require businesses in commerce to perform background checks on employees who enter people’s homes.
• S. 157 – Chemical Security Act. Will require the chemical industry to conduct background checks.
• S. 350 – Dirty Bomb Prevention Act. Will require background checks on individuals with access to sensitive radioactive material.

Additional Legal Information

• The U.S. Government’s Most Wanted Lists
• Privacy Notice – FTC requirement that financial institutions and consumer reporting agencies provide consumers with a notice of their privacy policies and practices.
• House Subcommittee testimony on bill to exempt Employer Investigations
• Electronic Signatures in Global and National Commerce Act