CERs Background Screening & Verification 2 — Questions and Answers
Question 1: Under the FCRA, how long may a CRA report a civil lawsuit or civil judgment against a candidate?
- 5 years from filing date
- 7 years from filing date (Correct answer)
- 10 years from filing date
- Indefinitely for any position
Correct answer: 7 years from filing date
The FCRA limits reporting of civil suits and judgments to 7 years from the date of entry.
Question 2: A recruiter discovers a candidate's background check reveals an arrest with no conviction. What is the most ethical action?
- Immediately disqualify the candidate
- Inform the client and let them decide without further analysis
- Advise the client that arrests without convictions have limited legal weight and may not be used automatically (Correct answer)
- Remove the arrest from the report before sharing
Correct answer: Advise the client that arrests without convictions have limited legal weight and may not be used automatically
Arrests without convictions carry limited evidentiary weight and using them as automatic disqualifiers can violate EEOC guidance and FCRA principles.
Question 3: Which federal agency issued guidance warning that blanket criminal history exclusions may violate Title VII?
- FTC
- CFPB
- EEOC (Correct answer)
- DOL
Correct answer: EEOC
The EEOC's 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records addresses how blanket exclusions can create disparate impact.
Question 4: A 'ban-the-box' ordinance most directly affects which stage of the hiring process?
- Reference checking
- Salary negotiation
- Initial job application (Correct answer)
- Onboarding paperwork
Correct answer: Initial job application
Ban-the-box laws delay or prohibit asking about criminal history on initial job applications to give candidates a fair first chance.
Question 5: An employer in California wants to conduct a background check on a finalist candidate. Which document must be provided separately from the employment application?
- Job description
- FCRA Summary of Rights as a standalone document (Correct answer)
- Offer letter
- W-4 form
Correct answer: FCRA Summary of Rights as a standalone document
The FCRA requires that the disclosure and authorization be a standalone document separate from the employment application.
Question 6: What is the purpose of a 'pre-adverse action' notice under the FCRA?
- To notify the candidate that they have been hired
- To give the candidate an opportunity to dispute inaccurate information before a final decision (Correct answer)
- To inform the candidate of their salary offer
- To document the recruiter's fee agreement
Correct answer: To give the candidate an opportunity to dispute inaccurate information before a final decision
Pre-adverse action notice gives the candidate a reasonable time—typically 5 business days—to review and dispute any inaccurate or incomplete information.
Question 7: Which type of background check verifies that a candidate holds the degrees they claim?
- Credit check
- Motor vehicle record check
- Education verification (Correct answer)
- I-9 employment eligibility verification
Correct answer: Education verification
Education verification confirms the institutions attended, degrees earned, and graduation dates that a candidate lists on their resume.
CERs Background Screening & Verification 2
Under the FCRA, how long may a CRA report a civil lawsuit or civil judgment against a candidate?