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Actions to Take if a Candidate Disputes Their Background Check Results
by Info One2verify - Published on 7/12/2022 4:21 AM

HR frustrated for candidate dispute in employment verification

Unsurprisingly, candidates want to dispute background check results that could affect their hiring chances. Given the time and effort they put into finding and interviewing for a job, candidates don't want to waste it on inaccurate background check results.

Not always do background checks reveal confidential information. Disputed results are rarely the candidate's or screening company's "fault." Inaccurate background check information can come from a school, former employer, or another source.

The following is a list of the most important things to keep in mind and the steps you need to take to manage disputes related to the results of background checks and remain in legal compliance and provide a positive experience for candidates.

Follow these steps to resolve disputes:

Maintain documentation of your hiring procedures and stick to your policy.

A candidate's background check complaint requires immediate attention, responsiveness, and compliance with all laws and company policies. Documenting the steps you'll take after a candidate disputes a background check will help you avoid missing  anything when a dispute is filed. Before hiring, create a matrix or guidelines. Using well-established procedures helps decision-making and provides evidence if a candidate contests a background check. Documentation prevents hiring committee bias.

Follow the Fair Credit Reporting Act (FCRA) outlined in the adverse action procedure.

A background check report's accuracy can be contested by anyone under the Fair Credit Reporting Act (FCRA). A candidate who disputes their background check results is entitled to the following information under the Fair Credit Reporting Act:

  • Candidate's right to challenge their results in a pre-adverse action letter
  • Copy of the criminal history report
  • Access to a summary of your Fair Credit Reporting Act rights.

Keeping the lines of communication open after the candidate has received the report is good  practice. If a candidate raises an emotional objection to a background check, keep in mind that their actions are not meant to be taken personally. The entire adverse action process can be improved if communication is maintained at a high level without the input of emotions.

If there is a dispute, notify your background screening provider.

You should contact your background screening provider during the candidate's consideration period to confirm what available options they are entitled to regarding their claim and collection of new evidence to support the dispute. The provider is required to re-investigate the disputed information upon receiving notification. Although this process typically takes only a few days, it may take longer depending on the disputed information; prompt notice is essential.

Always work with a background screening company with a proven track record of success.

An experienced employment screening services provider recognizes the possibility of erroneous information from databases, schools, or former employers and has processes in place to obtain and verify the most up-to-date background data before reporting it. A reputable provider will have a low dispute rate and accurate reporting metrics.

One2Verify, a background check provider, is committed to providing accurate reporting and reducing disputes. We also offer a wide range of searches with world-class customer service, including criminal checks, verifications, references, and records.

Don't take adverse action without consulting a lawyer and reviewing your company's policy.

New information from the candidate or screening service may support hiring. If you take adverse action, consult legal counsel and policies to ensure you've taken all necessary steps. Upon communicating adverse action, you must provide the candidate with an FCRA-required adverse action notice.

  • Background check company name
  • Employer's decision, not the background check company or credit reporting agency's (CRA)
  • FCRA candidate rights document
  • Background report
  • Candidate's right to request other information within 60 days

You can manage risks legally by following FCRA requirements for adverse action and working with a trusted background screening partner. Developing a compliant damaging action process is one way to improve background screening.

One2Verify is here for you if a candidate disputes a background check. Once we're contacted,.  we’ll advise you on the accuracy of the information that was previously provided and assist you with any additional information that may be required throughout the dispute process.

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