CERs Background Screening & Verification 3 — Questions and Answers
Question 1: A candidate disputes the accuracy of a criminal record found in their background check. Under the FCRA, what must the CRA do?
- Ignore the dispute since court records are public
- Reinvestigate the disputed information within 30 days (Correct answer)
- Delete all criminal records from the report immediately
- Charge the candidate a fee to reinvestigate
Correct answer: Reinvestigate the disputed information within 30 days
The FCRA requires CRAs to conduct a reasonable reinvestigation of disputed items, generally within 30 days of receiving the dispute.
Question 2: Which employment eligibility verification form must U.S. employers complete for every new hire, regardless of citizenship?
- W-2
- I-9 (Correct answer)
- 1099
- SS-5
Correct answer: I-9
Form I-9 must be completed by all U.S. employers to verify the identity and employment authorization of every person hired.
Question 3: When conducting reference checks, which question is most appropriate under ethical recruiting standards?
- Would you rehire this candidate? (Correct answer)
- Is the candidate married?
- Does the candidate have any health conditions?
- What is the candidate's religion?
Correct answer: Would you rehire this candidate?
Asking whether a former employer would rehire a candidate is a job-relevant, legally safe reference question that elicits meaningful insight.
Question 4: An ethical recruiter discovers that a candidate fabricated a prior employer on their resume. What is the correct course of action?
- Overlook it if the candidate is otherwise strong
- Inform the candidate and withdraw their candidacy (Correct answer)
- Alter the background report to protect the candidate
- Report only to the client without informing the candidate
Correct answer: Inform the candidate and withdraw their candidacy
Resume fraud is a serious integrity issue; the ethical recruiter must inform the candidate and withdraw them from consideration to protect the client and maintain professional standards.
Question 5: Under EEOC guidance, employers conducting individualized assessments of criminal history should consider all of the following EXCEPT:
- Nature and gravity of the offense
- Time elapsed since the offense
- Candidate's current age when the offense occurred
- The candidate's religion (Correct answer)
Correct answer: The candidate's religion
Religion is a protected class and has no bearing on individualized criminal history assessment; the EEOC's Green factors focus on offense nature, time, and job relevance.
Question 6: A recruiter's client requests a background check that includes social media screening. What is the primary ethical risk?
- The check costs too much
- Social media may reveal protected class information that influences a hiring decision (Correct answer)
- Social media profiles are always inaccurate
- Candidates cannot be notified about social media screening
Correct answer: Social media may reveal protected class information that influences a hiring decision
Social media profiles often reveal age, race, religion, and other protected characteristics, creating discrimination liability if that information influences hiring.
Question 7: Which law specifically restricts the use of credit reports in employment decisions in many U.S. states?
- Title VII of the Civil Rights Act
- Americans with Disabilities Act
- State-level employment credit check statutes (Correct answer)
- OSHA regulations
Correct answer: State-level employment credit check statutes
Numerous states have enacted laws limiting or prohibiting the use of credit history in employment decisions except for specific financially sensitive roles.
CERs Background Screening & Verification 3
A candidate disputes the accuracy of a criminal record found in their background check.
Under the FCRA, what must the CRA do?