USA Pre-Employment Screening 4 — Questions and Answers
Question 1: A staffing agency places a worker at a client company that requests a background check. Under the FCRA, who bears the disclosure and authorization obligations?
- The client company alone
- The staffing agency alone
- Both the staffing agency and the client company may have obligations depending on who is the legal employer (Correct answer)
- Neither, because a temporary placement is exempt from FCRA requirements
Correct answer: Both the staffing agency and the client company may have obligations depending on who is the legal employer
FCRA compliance obligations attach to whoever qualifies as the employer or requester of the consumer report; in staffing arrangements both entities can share responsibility.
Question 2: What is the primary purpose of a 'reasonable suspicion' drug test in the workplace?
- To test all employees randomly throughout the year
- To screen a specific employee when a supervisor documents observable signs of impairment (Correct answer)
- To test employees who transfer to a new department
- To verify that post-accident drug tests were conducted correctly
Correct answer: To screen a specific employee when a supervisor documents observable signs of impairment
Reasonable suspicion testing targets a specific individual when a trained supervisor observes and documents objective signs of possible impairment or drug use.
Question 3: Which of the following positions is most likely subject to mandatory DOT drug and alcohol testing requirements?
- Office manager at a freight brokerage
- CDL driver operating a vehicle over 26,001 lbs (Correct answer)
- IT technician at a trucking company
- Dispatcher who never operates a vehicle
Correct answer: CDL driver operating a vehicle over 26,001 lbs
The Department of Transportation requires drug and alcohol testing for safety-sensitive transportation employees, including CDL drivers of large commercial vehicles.
Question 4: A background check reveals that an applicant for a bank teller position was convicted of embezzlement five years ago. Under Section 19 of the Federal Deposit Insurance Act, what must the bank do before hiring this person?
- Obtain a waiver or approval from the FDIC before employing the individual (Correct answer)
- Simply disclose the conviction to customers
- Apply the standard FCRA adverse action procedure and then proceed
- Wait ten years after the conviction before hiring
Correct answer: Obtain a waiver or approval from the FDIC before employing the individual
Section 19 of the FDIA prohibits FDIC-insured institutions from employing anyone convicted of a crime involving dishonesty or breach of trust without prior FDIC approval.
Question 5: What information does a professional license verification check confirm?
- Whether a candidate's listed salary history is accurate
- Whether the license is active, in good standing, and matches the credential claimed on the résumé (Correct answer)
- Whether the candidate graduated from an accredited university
- Whether the candidate has ever filed for bankruptcy
Correct answer: Whether the license is active, in good standing, and matches the credential claimed on the résumé
Professional license verification confirms that a candidate's license is current, valid, and not suspended or revoked, ensuring the credential claim is truthful.
Question 6: Which document is an employer legally required to retain after completing Form I-9?
- A copy of every document the employee presented
- The completed Form I-9 itself for the required retention period (Correct answer)
- A notarized affidavit from the employee
- A photocopy of the employee's Social Security card regardless of what was presented
Correct answer: The completed Form I-9 itself for the required retention period
Employers must retain the completed Form I-9 for three years after hire or one year after termination (whichever is later), but are not generally required to copy every document.
Question 7: A background screening firm provides an employer with an 'employment verification report.' What does this typically include?
- The applicant's full credit score and debt balance
- Confirmation of prior employers, job titles, and dates of employment (Correct answer)
- A psychological personality profile
- Motor vehicle driving records from all 50 states
Correct answer: Confirmation of prior employers, job titles, and dates of employment
Employment verification confirms the accuracy of a candidate's stated work history by contacting prior employers to verify titles, dates, and sometimes reason for leaving.
USA Pre-Employment Screening 4
A staffing agency places a worker at a client company that requests a background check.
Under the FCRA, who bears the disclosure and authorization obligations?