Background Check Authorization Form: A Guide for Employers
Learn everything you need to know about background check authorization forms, legal compliance requirements, and best practices for HR managers, startup founders, and small business owners.
Introduction
A Background Check Authorization Form is a legal document that employers use to obtain permission from job candidates or employees before conducting background checks. This form is not just a formality—it's a critical compliance requirement under federal and state laws, including the Fair Credit Reporting Act (FCRA). For HR managers, startup founders, and small business owners, understanding how to properly implement background check authorizations can protect your company from potential lawsuits while helping you make informed hiring decisions. This guide explains what these forms must include, how to use them correctly, and common pitfalls to avoid.
Key Things to Know
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The Background Check Authorization Form must be a standalone document, separate from your employment application and other onboarding paperwork.
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You must provide a clear disclosure that you will be conducting a background check and obtain written authorization before proceeding with any background screening.
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If you take an adverse action (like not hiring someone) based on background check results, you must follow the FCRA's two-step adverse action process, which includes providing pre-adverse action and adverse action notices.
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Different types of background checks (criminal, credit, driving records, etc.) may have different legal requirements and restrictions depending on your state and industry.
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Keep signed authorization forms on file for at least the duration of employment plus any applicable statute of limitations period for potential claims.
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Review and update your Background Check Authorization Forms regularly to ensure continued compliance with changing laws and regulations.
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Consider working with a reputable background check provider that understands compliance requirements and can help you navigate the legal landscape.
Key Decisions
Background Check Authorization Form Requirements
A clear and conspicuous disclosure that a background check will be conducted, presented as a standalone document (not embedded in the employment application or other documents).
Additional disclosures required by specific states (e.g., California, New York, Massachusetts) where the applicant lives or will work.
Explicit language stating that the individual authorizes the employer to obtain a background check/consumer report.
Clear description of what types of information may be collected (criminal records, credit history, employment verification, education verification, etc.).
Name, address, and phone number of the consumer reporting agency that will conduct the background check.
Statement informing the individual of their right to request additional disclosures regarding the nature and scope of the investigation.
Statement informing the individual of their right to obtain a copy of the background check report.
Explanation of the pre-adverse and adverse action notification process if information in the report may result in an adverse employment decision.
Ensure compliance with any applicable 'ban-the-box' laws that restrict when criminal history inquiries can be made in the hiring process.
Oklahoma Requirements for Background Check Authorization Form
The form must include a clear and conspicuous disclosure that a consumer report may be obtained for employment purposes. This disclosure must be in a standalone document, separate from the employment application and other documents.
The form must obtain written authorization from the applicant or employee before procuring a consumer report for employment purposes.
If the employer intends to take adverse action based on the background check, they must provide the applicant with a copy of the report and a summary of their rights under the FCRA before taking the adverse action.
After taking an adverse action based on the background check, the employer must provide notice of the action, contact information for the consumer reporting agency, a statement that the agency did not make the decision, and notice of the right to dispute the accuracy of the report.
The form should include language acknowledging that personal information collected will be protected according to state data breach laws, which require notification if personal information is compromised.
The form should acknowledge compliance with state employment security laws regarding the use of background information in employment decisions.
The form must comply with Oklahoma's anti-discrimination laws, which prohibit employment discrimination based on race, color, religion, sex, national origin, age, and disability.
The form should acknowledge that criminal history information will be obtained and used in compliance with Oklahoma laws regarding access to and use of criminal records.
The form should acknowledge compliance with EEOC guidelines, which require that background checks not have a disparate impact on protected classes and that criminal records be evaluated based on job-relatedness and business necessity.
The form must comply with ADA requirements, which limit employers' ability to inquire about medical information during the pre-employment process.
The form should acknowledge that information about workers' compensation claims will be obtained and used in compliance with state laws prohibiting discrimination against employees who have filed workers' compensation claims.
If driving records will be checked, the form must comply with federal restrictions on the disclosure and use of personal information from state motor vehicle records.
The form should acknowledge that certain public records may be accessed under Oklahoma's Open Records Act, but that the information will be used in compliance with all privacy and employment laws.
While Oklahoma does not have a statewide 'ban the box' law for private employers, the form should acknowledge compliance with any applicable local ordinances that may restrict when criminal history information can be requested.
The form should comply with Oklahoma's consumer credit laws if credit information will be used in the background check process.
The form should inform applicants of their right under federal law to request additional information about the nature and scope of the investigation if it involves personal interviews concerning character and reputation.
If an investigative consumer report will be procured, the form must disclose that such a report may be obtained, including information about the person's character, reputation, personal characteristics, and mode of living.
If drug testing will be part of the background check, the form must comply with Oklahoma's specific requirements for workplace drug and alcohol testing.
The form must protect the privacy of Social Security numbers in accordance with federal and state laws, including limiting collection and use to legitimate purposes.
The form should acknowledge that background check information will be retained in accordance with federal and state record retention requirements, including EEOC guidelines to retain all employment records for at least one year.