Members Portal

Prior to running a background check, you’re required to get both of these forms signed by the applicant. Most screening companies will provide you with a basic disclosure form and authorization form. Ultimately though, it’s your organization’s responsibility to comply with the law and to understand what these forms are—this is especially important if any litigation should arise. The forms provided by the screening company may be used in part or in whole—it’s your obligation to determine whether it’s in compliance with all the relevant federal, state, and local laws in your area.

• We recommend consulting with an attorney prior to adopting any form.

Disclosure Form

This tells the applicant that a background check may be obtained for employment/volunteer purposes. It also includes information about what would happen before any adverse action is taken based on the results of the report.

Best Practices

• The disclosure should be a separate document from the authorization form, employment application, or any other document.
• The language should be clear and not confusing.
• It shouldn’t include any extraneous information. For example, information that pertains to another state or a release of liability.

Authorization Form

This gives you the permission to run a background check on the applicant. Obtain an authorization form once it becomes a final condition of their employment/volunteer position.

Best Practices

• The authorization should NOT be included in an employment/volunteer application.
• If you have “evergreen” language stating you have permission to run a check through the entirety of their employment/volunteer position, make sure that it’s very clear what that means. Confusing language can have negative effects on you in the case of litigation.

TIP! You may want to consider having separate forms for an employee versus a volunteer to create clarity and reduce the chance for confusion.

You have an obligation under the FCRA to follow a process called Adverse Action when rejecting an applicant, reassigning or terminating an employee/volunteer, or denying a promotion based on information received in the background check.

TIP! Writing a policy that states the reasons your church will take adverse action assures there’s no room for interpretation/subjectivity.

Adverse Action consists of two steps:

• STEP 1

  Provide the applicant with a Pre-Adverse Action notice that gives the applicant an opportunity to review the report for accuracy. There are times when records can get crossed and the information may not actually belong to the applicant. This step in the process gives the applicant a chance to ensure the information belongs to them and explain any negative information.

  The Pre-Adverse Action notice must consist of the notice, a copy of the report, and a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act.” The screening company (CIA) has these documents available for you. You may also request CIA to complete the Pre-Adverse Action process for you for an additional fee.

• STEP 2

  Provide a written Adverse Action notification to the applicant stating what action is being taken (for example, not hiring, not promoting) and what the decision is based on, such as specific information from the background check.

You will be collecting highly sensitive personal data. It’s your responsibility to properly store and destroy these documents whether they be electronic or print.

How long to keep records?

The FCRA doesn’t have requirements for how long you need to keep forms and reports, but the EEOC does and your state, screening company, or insurance company may have additional requirements. It’s always good to check with all parties before creating a policy and process.

CIA requires you to retain any information you receive from CIA for a period of five years from the date the report was received.

Disposing of Records

The FCRA Disposal Rule outlines steps you must take to dispose of the data securely in order to reduce the risk of fraud and identity theft. Learn more.

If the candidate may be serving as a staff member, in children’s or youth ministry, handling money, or driving a vehicle on behalf of the church, you’ll want to consider performing much more thorough screenings. (Refer to our Applicant Screening Checklist sheet)

Often in their desperation for staff and volunteers, churches will overlook or scrimp on the interview process. The interview is a great time to ask direct and probing questions that will hopefully confirm that they’re a good fit or reveal potential issues that should disqualify them from serving. (Refer to our Volunteer Interview Questions)

Now that you’ve interviewed the candidate, the next important step is to request and actually call references. You’d be surprised by how many situations could have been avoided if the church had only called a past employer or co-worker. (Refer to our References Interview Questions)

As thorough as a background check can be, it won’t identify a thief or an abuser that hasn’t been caught yet. Unfortunately, a sexual predator may have amassed several victims before the crime comes to light. That’s why it’s imperative that staff and volunteers be vigilant to identify any behaviors or actions that are suspect. (Refer to our Signs of Grooming or Abuse sheet)

An initial background check is an important first step, but it shouldn’t stop there. The reality is that situations can arise at any time so it’s essential that churches perform annual background checks to help ensure that your volunteers and staff are in adherence with church policies.