Resources

Age Discrimination in Employment Act of 1967 (ADEA)
The purpose of this act is to promote employment of persons based on their ability rather than age and to prohibit arbitrary age discrimination in employment.
www.eeoc.gov/policy/cra91.html

Americans with Disabilities Act (ADA)
The purpose of this act is to provide clear, consistent and enforceable standards geared towards the elimination of discrimination against individuals with disabilities based on assumptions not indicative of individual ability; to assure equality of opportunity, independent living and economic self-sufficiency. www.eeoc.gov/policy/cra91.html

California AB 1950
This bill requires specified businesses to use safeguards to ensure the security of Californians’ personal information. It does not apply to businesses that are subject to other information security laws, such as the federal financial and medical information security rules and the CMIA.
www.privacy.ca.gov/leg%202004.htm

California Investigative Consumer Reporting Agencies Act (ICRA)
(Civil Code Section 1786, AB 655 & AB 1068)
In an effort to combat the increasing crime of identity theft, this act governs the use of consumer reporting agency information, as used for pre-employment screening, by California employers and outlines guidelines above and beyond the scope established by the FCRA. California significantly modified the federal provisions.
http://www.privacy.ca.gov/icraa.htm

California SB 1386
This bill states parties must disclose any breach of the security of personal data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person.
info.sen.ca.gov/pub/01-02/bill/sen/sb_1351-1400/sb_1386_bill_20020926_chaptered.html

Canadian Privacy Act
The purpose of this act is to protect the privacy of individuals and to provide individuals with a right of access to personal information about themselves.
www.priv.gc.ca/legislation/02_07_01_01_e.cfm

Civil Rights Act of 1964 (Title VII)/Civil Rights Act of 1991
The original act prohibits employment discrimination based on race, color, religion, sex and national origin and established the Equal Employment Opportunity Commission. The amended act provides for appropriate remedies for intentional discrimination and unlawful harassment in the workplace.
www.eeoc.gov/policy/cra91.html

Credit Legislation Pending (National Conference of State Legislatures)
Charts listing introduced or pending state legislation relating to the use of credit information in employment.
www.ncsl.org/?tabid=22043

Data Disposal Laws (National Conference of State Legislatures)
Several states provide laws that govern the disposal of personal data held by businesses and/or government.
www.ncsl.org/default.aspx?tabid=21075

Data Protection Act 1998 (United Kingdom)
The purpose of this act is to protect the privacy of individuals and their personal information. http://www.legislation.gov.uk/ukpga/1998/29/contents

Driver Privacy Protection Act (DPPA)
The DDPA is a 1997 federal law that regulates to whom and for what purposes the State Department of Motor Vehicles (DMVs) release and share information in DMV records, and how a recipient of DMV records can share information.
http://www.transportation.wv.gov/dmv/Manuals/Documents/DMV-OptIn-Brochure.pdf

Electronic Signatures in Global and National Commerce Act (ESIGN)
The purpose of this act is to facilitate the use of electronic records and signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically.
www.ftc.gov/os/2001/06/esign7.htm

Fair Credit Reporting Act (FCRA)
This act requires consumer reporting agencies and all users of information obtained from these agencies to adopt procedures which are fair and equitable to the consumer with regard to notification, confidentiality, accuracy, relevancy, proper utilization and disclosure, and establishes consumer recourse procedures if denied employment as a result of same.
www.ftc.gov/os/statutes/fcradoc.pdf

Fair and Accurate Credit Transactions Act of 2003 (FACTA)
FACTA was designed to help reduce identity theft and help victims recover. The provision requires the three major credit reporting agencies to provide consumers with a free copy of their own credit report once every 12 months. This allows consumers to discover and correct errors in their credit records and assure that accounts have not been fraudulently opened in their names. http://www.fdic.gov/news/news/financial/2004/fil13004.html

FACTA Disposal Rule
Enacted in June 2005, this rule requires businesses and individuals to take appropriate measures to dispose of sensitive information derived from consumer reports. Standards for disposal are flexible and can be determined by the businesses and individuals subject to the rule, based on sensitivity of information, costs and benefits of different disposal methods and changes in technology, but must reasonably prevent unauthorized access or use of the information contained in the consumer report.
http://www.ftc.gov/opa/2005/06/disposal.shtm

Gramm-Leach-Bliley Act (GLBA)
Also known as the Financial Service Modernization Act of 1999, the basic provision of GLB is protecting the privacy of consumer information. GLB requires companies to give consumers privacy notices that explain their information-sharing practices and to establish administrative, technical and physical safeguards to insure the security and authorized disclosure of the information.
www.ftc.gov/privacy/glbact/glbsub1.htm

Health Insurance Portability & Accountability Act of 1996 (HIPAA)
Also known as the Kennedy-Kassebaum Act, this act sets forth new protections for employees and their families with pre-existing medical conditions and prohibits discrimination based on health status, thereby assuring the portability of health insurance. It also establishes requirements for the efficient standardization and simplification of patient data and for the guaranteed privacy and confidentiality of patient identifiers and medical records, protecting such from inappropriate and unauthorized uses and disclosures.
www.hhs.gov/ocr/privacy/

Negligent Hiring Doctrine
Though not a federal law, this doctrine is legally recognized by nearly 75% of the states and is established through case law. An action for negligent hiring, retention or supervision may be advanced, and liability on the employer imposed, if it can be shown that the employer knew, or should have known through the course of reasonable investigation at the time of hiring, that the employee posed a threat of injury to others.

Sarbanes-Oxley Act
Also known as the Public Company Accounting Reform and Investor Protection Act of 2002, SOX or Sarbox requires that public companies evaluate and disclose the effectiveness of their internal controls relating to financial reporting and created the Public Company Accounting Oversight Board (PCAOB).
www.sec.gov/about/laws/soa2002.pdf

USA PATRIOT Act (USAPA)
Also known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, this act increases the surveillance and investigative powers of law enforcement agencies.
http://www.justice.gov/archive/ll/highlights.htm

What makes CSI different?

CSI’s investigative techniques produce the most meaningful and accurate results in the industry, never relying on quicker, less expensive and potentially less accurate database searches alone. In a field dominated by database generated information, CSI continues to emphasize the importance of interviewing and investigative skills while incorporating the best informational resources, adopting rigorous validation and quality assurance processes, and stringently monitoring compliance with all federal, state, international and industry laws. It is this human element that characterizes our distinguished performance as well as our client relationships. CSI's competitive advantages include flexibility, client service and a strong orientation toward investigative technique. CSI is small enough to maintain the highest rating for responsive and personalized customer service, while large enough to meet the demands of our clients. CSI continues to emphasize education in effective interviewing and hiring techniques, risk assessment and background screening solutions, helping companies create programs that reduce physical and financial risk.

What is a criminal hit ratio report?

A criminal hit ratio report calculates an employer’s percentage of criminal records surfaced. These reports provide valuable information to validate recruiting processes, sourcing and interview skills. CSI offers management reports, such as a criminal hit ratio report, to measure key performance indicators of a screening program.

What is a turnaround time report?

Through our internal software system, CSI tracks the number of hours from file receipt to file completion. A turnaround time report calculates the number of business hours (excluding weekends and holidays) of each report as well as account averages. CSI offers management reports, such as a turnaround time report, to measure key performance indicators of a screening program.

How do I interpret background check results?

CSI’s background investigation report format is uniquely designed to be concise yet informative. It is highlighted by an “at-a-glance” Executive Summary which outlines each of the categories investigated and identifies the status in terms such as “clear,” “variant,” or “adverse.” The details are then presented in clearly delineated sections, comparing subject-supplied information to source-reported information and combining results of specific category-related questions with investigator comments. The Executive Summary allows clients to quickly and efficiently adjudicate background check results.

How long does a background check take?

CSI’s commitment is to provide the most thorough, current, and accurate information in the fastest turnaround time possible, with confidentiality and strict adherence to regulations always a priority. Certain search components are available immediately, where others require more processing time, such as court criminal record searches. Complete background checks are generally completed within three (3) business days.

How will I be notified when a background check is complete?

Web Delivery: CSI will automatically send an email to the designated representative when background check information has been posted to our secure website for review. Username and password are required to access the web report.

How do I know consumer information is safe?

In addition to complying with federal data protection and privacy laws and federal regulations including the Fair Credit Reporting Act (FCRA), CSI complies with state regulations governing data protection including the Massachusetts Data Security Law, 201 CMR 17.00, which sets the most stringent standard for the protection of personal information in the United States. CSI’s privacy policy is accessible. See Privacy Policy.

What are CSI’s retention and disposal policies for sensitive records?

CSI has developed a Document Retention Policy whereby Sensitive Records are securely retained for a period necessary to comply with federal law and state statutes, to respond to audit requests by clients and other authorized entities, and to fulfill Fair Credit Reporting Act (FCRA) disclosure requests by individual consumers. Electronic copies are archived in an encrypted database. Upon expiration of the time period set forth in the Document Retention Policy, sensitive records are disposed of in accordance with regulations defined by the Federal Trade Commission(FTC) regarding the disposal of consumer report information and records including Fair and Accurate Credit Transaction Act (FACTA) Destruction Guidelines and state laws.

What if there is an inaccuracy in the report?

In accordance with federal regulations, CSI will promptly initiate a re-investigation at no cost to the client or consumer. Results of reinvestigations will be directed to the authorized representative as well as the consumer. In accordance with the Federal Fair Credit Reporting Act (FCRA), all consumer accuracy disputes should be directed to CSI’s Compliance Department.

Creative Services, Inc.
Compliance Department
64 Pratt Street
Mansfield, Massachusetts 02048
(800) 536-0093

What do I do if there is adverse information contained within the report?

The Federal Fair Credit Reporting Act (FCRA) requires pre-adverse notice prior to adverse action. Please visit the Federal Trade Commission’s website for more information on obligations under the FCRA.

What if I am regulated by a state and/or federal agency and need to comply with these regulations?

There are specific requirements for employee screening in select industries regulated by such federal government agencies as the Department of Defense (DOD), the Department of Transportation (DOT), the Drug Enforcement Administration (DEA), the Federal Aviation Administration (FAA), the Nuclear Regulatory Commission (NRC), and the Securities Exchange Commission (SEC), encompassing positions in transportation, healthcare, education, financial services and the nuclear industry among many others. Screening typically includes a combination of specified background screening components alone or in conjunction with specialized background screening components, which may require explicit access authorization. CSI specializes in and is nationally and internationally recognized for its excellence in servicing industries regulated by strict federal and state guidelines. Please contact CSI at clientsuccess@creativeservices.com or toll free at (800) 227-0002 and ask to speak with the Client Services Department for assistance in developing a regulatory compliant screening program.

I’ve read through all the FAQ’s and I still have questions. What should I do?

Please contact CSI at clientsuccess@creativeservices.com or toll free at (800) 227-0002 and ask to speak with the Client Success Department.

Federal agencies responsible for employment-related laws

Department of Homeland Security (DHS)
http://www.dhs.gov/dhspublic/

Department of Labor (DOL)
http://www.dol.gov

Department of Transportation (DOT)
http://www.dot.gov

Department of Health and Human Services (HHS)
http://www.hhs.gov

Drug Enforcement Administration (DEA)
http://www.usdoj.gov/dea/

Equal Employment Opportunity Commission (EEOC)
http://www.eeoc.gov

Federal Energy Regulatory Commission (FERC)
http://www.ferc.gov

Federal Trade Commission (FTC)
http://www.ftc.gov

Nuclear Regulatory Commission (NRC)
http://www.nrc.gov/

Office for Civil Rights (OCR)
http://www.hhs.gov/ocr

Social Security Administration (SSA)
http://www.ssa.gov

Organizations and law firms specializing in the employment process

ASIS International
With over 32,000 current members, ASIS is the largest international organization for professionals responsible for security including Directors of Security, as well as corporate executives and other management personnel.
http://www.asisonline.org

Jackson Lewis LLP
Jackson Lewis is one of the largest law firms in the country exclusively dedicated to representing management on workplace issues, with 20 offices nationwide. Its major practice and counseling areas are: employment litigation, including defense of actions alleging sexual harassment, age and race discrimination, and wrongful discharge; managing employees with disabilities; labor relations, including union avoidance counseling; employee benefits; immigration; affirmative action; wage and hour law compliance; occupational safety and health; drug and alcohol testing; and non-compete agreements. Jackson Lewis places a high premium on preventive strategies and its services include management training and education, seminars and newsletters.
http://www.jacksonlewis.com

National Association of Professional Background Services (NAPBS®)
The NAPBS®, a non-profit trade association founded in 2003, promotes and maintains the highest standards of excellence and ethics in the background screening industry, ensures compliance with applicable laws and fosters awareness of issues related to consumer protection within the industry.
http://www.napbs.com/

Northeast Human Resources Association (NEHRA)
The mission of NEHRA is to lead, advance and influence the management of human resources. NEHRA has a membership of over 4,000 HR professionals representing large and small companies in all industries within the New England region.
http://www.nehra.com

Seyfarth Shaw LLP
Seyfarth Shaw's full-service law practice spans the United States and, through its affiliations and European office, provides its clients with a global presence. They handle issues for clients in diverse industries in all key areas: corporate law, government contracts, litigation, intellectual property, employee benefits, and labor & employment, among others.
http://www.seyfarth.com/

Society for Human Resource Management (SHRM)
With over 205,000 members, SHRM is the world’s largest association devoted to human resource management. Its mission is to advance the human resource profession and provide essential and comprehensive resources to its members.
http://www.shrm.org

You may also contact individual state legislatures for additional information on laws pertaining to employment practices in your state.

Remedying the Effects of Identity Theft
Fighting Back Against Identity Theft
FTC’s Identify Theft Site
Know Your Rights

If you have resided in the State of Massachusetts or the State of New Hampshire in the past 7 years you are required to complete the State release forms below.

• The Massachusetts Release Form (ICORI) requires an authorized staff member from the hiring company to witness your signature. If you are unable to obtain an authorized witness signature on the iCORI release, you are required to execute this document in front of a notary public. When completing the form please ensure you add the name of the company you are applying. When you have completed the Massachusetts release form you can provide it to your recruiter or fax the document directly to Creative Services, Inc. at (508) 339-7461.

• The prepaid New Hampshire Criminal Record Authorization Release Form. When you have completed the New Hampshire State release form, you must provide the original document to an authorized member of the hiring company or mail the original document directly to:

New Hampshire Department of Safety
Division of State Police
Central Repository for Criminal Records
33 Hazen Drive
Concord, NH 03305

Other Forms

The Request for Transcript of Tax Return (IRS Form 4506-T) must be completed to obtain information regarding your Record of Account with the Internal Revenue Service. The information provided regarding your personal returns will reflect the current Tax Year and 3 prior processing years.

• Consumer Authorization/Disclosure Sample Forms
  
• Notice to Users of Consumer Reports: Obligations of Users Under the FCRA
• FCRA Summary of Rights