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U.S. Federal & State Laws

In addition to ensuring Kroll’s compliance with the federal Fair Credit Reporting Act (FCRA) and all state record reporting laws, Kroll’s team of in-house attorneys create resources to help clients understand and fully comply with the numerous federal and state laws governing use of background screening reports. Whether it is obtaining proper authorization for background checks, state employment law requirements on use of criminal, credit, and other records, or the required process for not hiring or taking other adverse action based on the results of a Kroll report, Kroll’s compliance tools will walk you through the legal standards to make compliance simple.

Compliance resources available to clients include:

  • Regular legislative alerts to help you stay on top of changing laws and regulations
  • Summaries of the FCRA requirements applying to employers and other users of Kroll reports
  • Concise state-by-state summaries of state employment laws regarding what criminal history information employers may ask about in their applications and what information from Kroll reports they are allowed to consider in hiring decisions
  • EEOC guidance on issues such as use of arrests and other criminal history information in employment, drug testing, and physical exams
  • E-Verify laws and executive orders requiring use of electronic employment authorization verification
  • Industry-specific materials such as DOT screening requirements, state-by-state screening requirements for health facilities, and FDIC screening requirements for financial institutions
  • Examples of all documents needed for the background screening process including FCRA and state law compliant disclosures and authorizations, pre- and post-adverse action letters, a sample conditional job offer letter, and a sample background screening policy and procedure
  • Outsourcing Adverse Action to Kroll, making certain that applicants who do not meet your criteria are provided sufficient, timely notice and an opportunity to seek a reinvestigation.

Publicly available compliance information: