As of July 1st, 2024, new privacy laws in Oregon, Texas, and Florida have introduced significant changes to the handling of personal information during pre-employment background screenings. These updates highlight the increasing importance of data privacy. At EDIFY Screening, we are committed to helping our clients remain compliant without compromising the effectiveness of their screening processes.

Common provisions in U.S. privacy laws include:

• Data collection limitations: Companies are limited to collecting only information necessary for employment decisions.
• Individual rights: Candidates have the right to access, correct, or delete their personal information.
• Enforcement mechanisms: Failure to comply with these regulations can lead to penalties and legal actions.

Texas Data Privacy and Security Act (DPSA)

The Texas DPSA outlines similar protections, with additional focus on:

• Consent and disclosure: Clients must explain the purpose of data collection and how it will be shared.
• Data minimization: Only essential information for background checks should be collected.
• Security measures: Strict security protocols must be in place to prevent unauthorized access.

Florida’s New Privacy Law

Florida’s privacy law places strong emphasis on data protection:

• Informed consent: Candidates must provide clear, explicit permission.
• Security measures: Data must be secured with encryption and access controls.
• Right to access and correct information: Candidates can review their background check reports and correct inaccuracies.

How WE Helps You Ensure Compliance

At EDIFY Screening, we offer comprehensive solutions to help our clients meet these privacy law requirements while maintaining an efficient background screening process:

• Sample Authorization and Disclosure Forms: We provide clients using manual ordering with sample forms to simplify obtaining informed consent from applicants.
• eClipse Applicant Management Center: Our platform allows all disclosure, authorization, and consent forms to be captured electronically, securely handling consumer data.
• Advanced Data Security: We help you implement encryption, secure storage, and regular audits to comply with state law requirements.
• Section 613 Notices: We issue Section 613 notices to applicants when adverse information is reported, ensuring they can access and correct inaccuracies in their background check reports.
• Ongoing Legal Compliance: We monitor legal updates and notify you of any changes that could impact your background check policies, ensuring continued compliance.

We recognize how essential it is for our clients to stay compliant as privacy laws evolve, and we are here to support you every step of the way. 

If you need any support or guidance to adjust your screening processes and maintain compliance with the latest state regulations, don’t hesitate to contact us.

Employee engagement is vital to business performance. When employees are engaged, they are more productive, innovative, and committed to their roles, driving organisational success. On the flip side, low engagement costs the global economy a massive $8.9 trillion annually, according to Gallup.

A key to fostering engagement is resilience—the ability to adapt to and recover from challenges. Resilient employees stay engaged even during difficult times, boosting productivity and reducing turnover. In fact, research shows that engaged and resilient employees are 31% more likely to stay at their organisation and 15% more productive.

How Managers Shape Engagement

Managers are critical to employee engagement, accounting for 70% of team engagement variance. Effective managers empower employees by giving them autonomy, involving them in decision-making, and providing the resources they need to succeed. Leaders who offer support and promote work-life balance build trust and resilience within their teams.

Coaching can significantly enhance these managerial abilities, improving communication, recognition, and employee empowerment. When managers actively build a positive and resilient workplace culture, engagement and performance improve across the board.

Organisational Strategies for Building Resilience

Organisations play a crucial role in fostering resilience and engagement by:

• Offering training and development: Continuous learning helps employees adapt to challenges and changes, equipping them with the skills to stay resilient.
• Providing support systems: Wellness programs, employee assistance programs, and peer networks help employees manage stress and foster a strong sense of community.
• Extending coaching to all employees: Individual coaching helps employees reflect, receive feedback, and adapt their behaviours, driving sustained engagement and growth.

When resilience is actively developed, employees feel more in control of their roles and are better able to face challenges, which naturally leads to higher engagement.

Screening and Onboarding: The Foundation for Resilience and Engagement

Building a resilient and engaged workforce begins with hiring the right individuals for the right roles. A thorough screening process ensures that new hires are not only a good fit for the job but also align with the organisation’s values and culture. Proper onboarding then helps employees feel supported, equipped, and ready to tackle challenges from the start. This early investment sets the stage for long-term engagement and resilience.

Key Takeaways:

• Resilience enhances engagement, driving higher productivity and retention.
• Managers play a key role by empowering employees and promoting a positive work environment.
• Organisational support through training, wellness programs, and coaching fosters resilience and engagement.
• Proper screening and onboarding are crucial to hiring individuals who can thrive in their roles and contribute to a resilient, engaged workforce.

By focusing on resilience and engagement from the outset, organisations can build a workforce that drives lasting success.

In the world of employment background checks, compliance with federal regulations is essential. One key regulation that employers and background screening agencies must follow is the Fair Credit Reporting Act (FCRA). Specifically, Section 613 of the FCRA governs how consumer reporting agencies handle adverse public record information when it's shared with potential employers.

At Edify Background Screening, we take compliance seriously, particularly when it comes to Section 613 Notices. This article will explain what Section 613 Notices are, why they are important, and how we ensure full compliance to protect both our clients and their applicants.

What Is a Section 613 Notice?

Section 613 of the FCRA focuses on the use of public record information in background checks. Public records can include information such as criminal records, civil judgments, or other court-related data that may impact a hiring decision. When a consumer reporting agency (CRA) like Edify Background Screening shares adverse public record information with an employer, Section 613 requires that one of two actions be taken:

1. Ensure Accuracy and Timeliness: The CRA must maintain strict procedures to ensure the public record information provided to the employer is accurate and up-to-date at the time it is reported.

2. Notify the Consumer: The CRA must notify the consumer (the individual undergoing the background check) that adverse public record information has been shared with their potential employer. This notification must include the name of the employer and details about the public record that was provided.

These safeguards are designed to ensure transparency and fairness in the hiring process, giving individuals a chance to correct or respond to any adverse information.

Why Section 613 Notices Are Important

Section 613 Notices are crucial because they protect both employers and applicants during the hiring process. For applicants, these notices provide a safeguard against outdated or inaccurate information being used in hiring decisions. By receiving a notification, applicants can take action if they believe the public record information is incorrect.

For employers, compliance with Section 613 helps avoid legal pitfalls. By working with a CRA that adheres to these regulations, employers reduce the risk of making hiring decisions based on old or incorrect information, which could lead to claims of unfair hiring practices.

How Edify Background Screening Handles Section 613 Notices

At Edify Background Screening, we prioritize full compliance with Section 613 to ensure the highest level of protection for both our clients and their applicants. We take the most conservative view of how to remain in compliance, addressing both of the requirements outlined in the regulation.

1. Ensuring Accuracy and Timeliness of Records: Before we provide any public record information to our clients, we verify the information directly at the originating source. This ensures that the data is accurate, up-to-date, and fully reliable. Our rigorous verification process helps prevent the reporting of outdated or incorrect information, ensuring that employers can confidently make informed hiring decisions.

2. Providing Consumer Notifications: Under the advice of counsel, we also send Section 613 notices to applicants whenever adverse public record information is shared with one of our clients. These notices inform the applicant of the information being reported and identify the employer who received it. By taking this step, we not only comply with Section 613 but also promote transparency and fairness, giving applicants the opportunity to review and respond to the information that may affect their job prospects.

By taking these proactive measures, we help protect our clients from legal exposure while ensuring that applicants are treated fairly throughout the hiring process.

Key Takeaways for Our Clients

• Section 613 Notices Ensure Fairness: By notifying applicants when adverse public record information is shared, we give them a chance to address or dispute inaccurate information. This transparency helps prevent hiring decisions based on incorrect data.

• Accuracy and Timeliness Are Critical: Maintaining accurate and current public record information protects both your organization and applicants from potential legal issues related to outdated or incorrect information.

• Edify Background Screening Is Committed to Compliance: We go above and beyond to ensure that our clients remain compliant with FCRA regulations, including Section 613. Our approach ensures that public record information is not only verified but also shared responsibly with both employers and applicants.

At Edify Background Screening, we are dedicated to providing transparent, reliable background screening solutions that help you make informed hiring decisions while maintaining compliance with federal regulations. If you have any questions about Section 613 Notices or other aspects of background screening, feel free to reach out to us at support@edifyscreening.com. We’re here to support your business every step of the way.

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