USA Pre-Employment Screening 2 â Questions and Answers
Question 1: Under the Fair Credit Reporting Act (FCRA), how long may most negative information remain on a consumer credit report used for employment screening?
- 3 years
- 5 years
- 7 years (Correct answer)
- 10 years
Correct answer: 7 years
The FCRA generally limits most negative informationâsuch as late payments or collectionsâto seven years on a consumer report.
Question 2: A job offer is rescinded after a background check reveals a 12-year-old felony conviction. Under EEOC guidance, what should the employer have done?
- Automatically exclude any candidate with a felony record
- Conduct an individualized assessment considering nature, time elapsed, and job relevance (Correct answer)
- Run an additional credit check before deciding
- Wait 30 days before withdrawing the offer
Correct answer: Conduct an individualized assessment considering nature, time elapsed, and job relevance
EEOC guidance requires employers to individually assess conviction records rather than apply blanket exclusions, weighing factors like nature of offense, time elapsed, and job relatedness.
Question 3: Which law specifically prohibits employers from using genetic informationâincluding family medical historyâin employment decisions?
- ADA
- HIPAA
- GINA (Correct answer)
- FMLA
Correct answer: GINA
The Genetic Information Nondiscrimination Act (GINA) bars employers from requesting, requiring, or using genetic information in hiring or employment decisions.
Question 4: An employer in a 'ban-the-box' jurisdiction wants to ask about criminal history. When is the earliest permissible stage to inquire?
- On the initial job application form
- During the first phone screen
- After a conditional job offer has been extended (Correct answer)
- After a contingent offer and background check are complete
Correct answer: After a conditional job offer has been extended
Ban-the-box laws typically require employers to defer criminal history inquiries until after a conditional offer of employment is made.
Question 5: What is a 'consumer report' under the FCRA?
- Any internal HR document about a candidate
- Information compiled by a consumer reporting agency about a person's creditworthiness, character, or employment history (Correct answer)
- A self-prepared résumé submitted by an applicant
- A government-issued tax transcript
Correct answer: Information compiled by a consumer reporting agency about a person's creditworthiness, character, or employment history
Under the FCRA, a consumer report is information collected by a consumer reporting agency (CRA) and used for employment, credit, or other eligibility decisions.
Question 6: Which of the following is an 'investigative consumer report' under the FCRA?
- A credit score generated by an algorithm
- A report based on personal interviews about a person's character, reputation, or mode of living (Correct answer)
- A motor vehicle record from the DMV
- A Social Security number verification
Correct answer: A report based on personal interviews about a person's character, reputation, or mode of living
An investigative consumer report involves interviews with neighbors, friends, or associates to assess character or reputation, triggering additional FCRA disclosure requirements.
Question 7: An employer receives a background report and decides not to hire based on its contents. Which TWO documents must be sent to the applicant before taking adverse action?
- A copy of the report and the FCRA Summary of Consumer Rights (Correct answer)
- A rejection letter and a tax form
- A copy of the report and an internal HR memo
- The FCRA summary and an arbitration agreement
Correct answer: A copy of the report and the FCRA Summary of Consumer Rights
Before adverse action, the FCRA requires the employer to provide a copy of the consumer report and the Summary of Consumer Rights so the applicant can dispute errors.
USA Pre-Employment Screening 2
Under the Fair Credit Reporting Act (FCRA), how long may most negative information remain on a consumer credit report used for employment screening?