CERs Background Screening & Verification 5 — Questions and Answers
Question 1: Which document must a U.S. employer retain for I-9 verification, counting from the later of the hire date or the date employment authorization expires?
- 1 year
- 2 years
- 3 years or 1 year after termination, whichever is later (Correct answer)
- 5 years
Correct answer: 3 years or 1 year after termination, whichever is later
Employers must retain I-9 forms for 3 years from the date of hire or 1 year after the date of termination, whichever is later.
Question 2: A candidate applies for a driving-intensive delivery role. Which background check component is most directly relevant to job duties?
- Education verification
- Credit report
- Motor vehicle record (MVR) check (Correct answer)
- Professional license verification
Correct answer: Motor vehicle record (MVR) check
An MVR check reveals driving history, license status, and traffic violations directly relevant to the safety and reliability requirements of a driving-intensive role.
Question 3: Under the FCRA, after an employer takes adverse action based on a background check, what must be provided to the candidate?
- Only a verbal explanation
- A written adverse action notice with CRA name, right to dispute, and free report rights (Correct answer)
- A copy of the candidate's resume
- A list of alternative job openings
Correct answer: A written adverse action notice with CRA name, right to dispute, and free report rights
The final adverse action notice must include the CRA's name and contact information, a statement that the CRA didn't make the hiring decision, and notice of the candidate's right to dispute.
Question 4: Which practice violates ethical standards when conducting employment reference checks?
- Asking about the candidate's job responsibilities
- Asking if the candidate is eligible for rehire
- Contacting references not listed by the candidate without consent (Correct answer)
- Asking about attendance and reliability
Correct answer: Contacting references not listed by the candidate without consent
Contacting unlisted references—especially current employers—without candidate consent can breach confidentiality and harm the candidate's current employment.
Question 5: A candidate requests a copy of their background report from the recruiter's client company. Where should the recruiter direct this request?
- The recruiter's own files
- The CRA that prepared the report, as they are obligated to provide a free copy (Correct answer)
- The state labor board
- The EEOC
Correct answer: The CRA that prepared the report, as they are obligated to provide a free copy
Under the FCRA, candidates have the right to request a copy of their consumer report directly from the CRA that prepared it, including one free copy.
Question 6: Which scenario best illustrates a permissible purpose for requesting a consumer report under the FCRA?
- A landlord checking a neighbor's credit out of curiosity
- An employer verifying a job applicant's background for a position they applied for (Correct answer)
- A vendor checking a competitor's employee records
- A recruiter checking an existing client's financial status
Correct answer: An employer verifying a job applicant's background for a position they applied for
The FCRA permits consumer reports to be obtained for employment purposes when the candidate has applied for a job and provided written authorization.
Question 7: When background screening international candidates who have lived in multiple countries, the most ethical and thorough approach is to:
- Run only a U.S. domestic check since that is where they will work
- Conduct country-specific checks in each jurisdiction where the candidate resided, complying with local data privacy laws (Correct answer)
- Skip the international check to avoid complexity
- Ask the candidate to self-report any foreign criminal history
Correct answer: Conduct country-specific checks in each jurisdiction where the candidate resided, complying with local data privacy laws
Thorough international background screening requires jurisdiction-specific checks while complying with each country's data privacy regulations, such as GDPR in Europe.
CERs Background Screening & Verification 5
Which document must a U.S. employer retain for I-9 verification, counting from the later of the hire date or the date employment authorization expires?