Attorney Montserrat Miller’s article is a poignant reminder employers about practices they should implement to help mitigate risk in the hiring process. She wrote “a series of recent class action complaints against employers leads me to write about what employers can do to mitigate risk with respect to their background screening program.”
I’m talking about pre-employment background checks when an employer uses the services of a third-party background screening company. Under the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 et seq.) employers have two critical responsibilities when using the services of a third-party background screening firm to request background checks on prospective employees.