Long-time BIS partner Seyfarth Shaw, one of the nation’s preeminent labor law firms, has created a 50-State Compliance Guide that is an invaluable tool in helping employers comply with the Fair Credit Reporting Act (FCRA) and related state laws.

BIS has entered into a special agreement with Seyfarth Shaw allowing us to access this revolutionary resource on behalf of all of our clients. This leading edge tool means that we no longer have to wait for consultation and proprietary research for complicated compliance questions; we have answers regarding compliance and documentation requirements in any state at our fingertips. Additionally, for clients that would like direct access, BIS is authorized to make this compliance guide accessible to our clients at a bargain rate.

The 50-State Compliance Guide contains a summary of the federal FCRA and includes notices, certifications and other forms that can be adapted for use in your business. The forms and notices comply with the FCRA as well as all state laws, and specifically identify particular state requirements, changes, or limitations with regard to an employer’s obtaining and use of background information. Any changes to federal or state language or required documentation will be reflected immediately in the Compliance Guide. In particular, the forms covered by the Compliance Guide include:

• Notice and Acknowledgment (Release) - this document informs individuals that their employer or potential employer may obtain background information about them for employment purposes and contains an acknowledgement and authorization for the employer to obtain such information
• "A Summary of Your Rights Under the Fair Credit Reporting Act" - this form was created and recently amended by the Federal Trade Commission (FTC) and must be given to any individual who is the subject of a consumer report at certain stages of the process
• Certification to Consumer Reporting Agency - this document is provided by the employer to BIS and promises that the employer will comply with the FCRA
• Sample Adverse Action Letters - included in the Guide are examples of the Pre-Adverse Notice and Adverse Action Letters that should be sent to applicants or employees before adverse action is taken against them and upon taking the adverse action. The Guide also explains how much time employers should wait between sending the first and second letters to allow the employee or applicant time to correct any errors in the consumer report

Beyond the documentation examples, the Compliance Guide explains each state’s particular restrictions on an employers’ ability to obtain and/or use various types of consumer information. In addition to summarizing the state’s own version of the FCRA (if applicable), the Guide addresses four central areas of specific interest to employers evaluating applicants for employment. These include: 1) credit reports; 2) criminal records (both arrest and conviction); 3) driving records; and 4) education/employment verification and history.

We are proud to raise the industry bar on quality and compliance by consulting this incredible knowledge base on behalf of our clients at no charge, or to provide direct access to individual clients at a special reduced rate. For more information on how the 50-State Compliance Guide will positively impact the quality of your hiring decisions, please contact BIS Customer Relations or your Account Executive.