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.
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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 before you file
Before you file a Background Check Authorization Form in Washington, a few decisions shape the document: which option to choose and what each one means. The Background Check Authorization Form guide walks through them.
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Washington Requirements for Background Check Authorization Form
FCRA Disclosure Requirement (15 U.S.C. § 1681b(b)(2)(A)(i))
A clear and conspicuous disclosure must be made in writing to the applicant before the background check is conducted, in a document that consists solely of the disclosure.
FCRA Written Authorization (15 U.S.C. § 1681b(b)(2)(A)(ii))
The employer must obtain written authorization from the applicant before procuring a consumer report for employment purposes.
Washington Fair Credit Reporting Act Compliance (RCW 19.182.020)
Washington's state version of the FCRA requires additional disclosures and imposes stricter requirements on employers conducting background checks.
Pre-Adverse Action Notice (15 U.S.C. § 1681b(b)(3)(A))
Before taking adverse action based on a background check, employers must provide the applicant with a copy of the report and a summary of their rights under the FCRA.
Washington Criminal Records Privacy Act (RCW 10.97)
Restricts how criminal history information can be used in employment decisions and requires specific disclosures when such information is considered.
Ban the Box Law Compliance (RCW 49.94)
Washington's Fair Chance Act prohibits employers from asking about criminal history before determining if an applicant is otherwise qualified for the position.
Washington State Consumer Protection Act (RCW 19.86)
Prohibits unfair or deceptive acts or practices in the conduct of trade or commerce, which includes improper background check procedures.
Equal Employment Opportunity Commission Guidelines (42 U.S.C. § 2000e et seq. (Title VII of the Civil Rights Act))
Background checks must comply with federal anti-discrimination laws and should not have a disparate impact on protected classes.
Washington Law Against Discrimination (RCW 49.60)
Prohibits discrimination in employment based on protected characteristics and requires that background checks not be used in a discriminatory manner.
Social Security Number Privacy (RCW 19.215)
Requires protection of Social Security Numbers collected during the background check process and limits their disclosure.
Driver's Privacy Protection Act (18 U.S.C. § 2721 et seq.)
Restricts the disclosure and use of personal information obtained from state motor vehicle records for background checks.
Washington Data Breach Notification Law (RCW 19.255.010)
Requires notification to individuals if their personal information collected during background checks is compromised.
Americans with Disabilities Act Compliance (42 U.S.C. § 12112(d))
Background checks that include medical information must comply with ADA restrictions on pre-employment medical inquiries.
Washington Paid Family and Medical Leave Privacy Provisions (RCW 50A.05.020)
Protects the confidentiality of information obtained during background checks related to family and medical leave history.
Gramm-Leach-Bliley Act (15 U.S.C. § 6801-6809)
Requires financial institutions to explain their information-sharing practices to consumers and protect sensitive data, which may apply to financial information obtained in background checks.
Washington Credit Freeze Law (RCW 19.182.170)
Allows consumers to place a security freeze on their credit reports, which may affect background check processes.
Disposal Rule (16 CFR Part 682)
Requires proper disposal of information in consumer reports and records to protect against unauthorized access or use.
Washington E-SIGN Act Compliance (RCW 19.34)
Governs electronic signatures and records, including those used in background check authorization forms.
Investigative Consumer Reports Disclosure (15 U.S.C. § 1681d)
Additional disclosure requirements apply when obtaining investigative consumer reports that include personal interviews with neighbors, friends, or associates.
Washington Marijuana Employment Protections (RCW 69.50.4013)
Restrictions on how employers can use information about legal marijuana use discovered during background checks.