Under the federal Fair Credit Reporting Act (www.ftc.gov/os/statutes/fcra.htm), Employment Screening Services, Inc. (ESS) is considered a "consumer reporting agency" that provides "consumer reports" (background checks) on applicants/employees ("consumers"). To comply with this act you must disclose to your applicant and employees in writing that a background check will be done and get their written authorization to do so, as well as acknowledge that you will not use the information in violation of any applicable equal employment opportunity law or regulation. Following is a sample Notice/Authorization and Release form that you may use. Or you may devise a form of your own. Bottom line, whether you choose to use this form or another one, your applicants and employees must give you written permission to do a background check.
Click here to download an employment/tenant application that complies with the FCRA requirements. It is in a Word document format so that you may customize it to suit your needs.
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