要详细讨论这个问题，让我们回到人事代理的例子。当临时机构招聘时， 它会进行彻底的背景调查 ，以确保该人值得信赖、安全且有资格胜任这份工作。假设一家外部公司联系临时代理机构，希望雇用一名临时员工进行几个月的数据输入或类似工作。该公司将欢迎临时工进入其办公室与其他员工一起工作，并希望确保该人的背景没有任何危险信号。公司要求人事代理机构分享员工原始背景调查的结果。
在这种情况下，客户有两种选择。选项 1 是，雇用临时员工进行短期人员配置的公司可以要求员工进行另一次背景调查。拥有特别彻底的背景调查政策的公司可能希望自己进行筛选，以填补人员配备机构检查中可能存在的任何空白。
选项 2 是人事代理机构可以获得其员工的书面授权，以与客户共享背景调查信息。雇主可以自由要求员工授权该机构安排共享此信息。
一般来说，雇主背景调查最重要的组成部分是合规性。FCRA 规则是具体的，需要得到尊重和严格遵守 。尊重员工的权利和隐私不仅可以保护您的企业免遭代价高昂的诉讼，还可以提高员工士气并保护您公司作为理想工作场所的声誉。
Staffing agencies, for instance, send their employees to work for outside organizations. Building companies hire sub-contractors to work on their job sites. Businesses and homeowners welcome technicians onto their property to handle repairs, maintenance, and installation work. In these cases, the employer that hired the employee is just one of several entities with a legitimate interest in that person’s background.
Is it appropriate, in situations such as these, for an employer to share an employee’s background check results with a customer or client?
To discuss this question in detail, let’s go back to the staffing agency example. When a temp agency makes a hire, it conducts thorough background checks to make sure that person trustworthy, safe, and qualified for the job. Say an outside company approaches the temp agency wanting to hire a temporary employee for a few months of data entry or something similar. The company will be welcoming the temp worker into its offices to work among its other employees and wants to make sure that the person doesn’t have any red flags in his or her background. The company asks the staffing agency to share the results of the employee’s original background check.
In this case, the staffing agency’s client does have a legitimate reason to want to know about the background of the employee--but this legitimate interest only takes the client so far. No employer can share an employee’s background check information with a third party unless it has written consent from that employee.
Employees have numerous rights that are protected under the Fair Credit Reporting Act, including a right to privacy. As a result, employers are not allowed to share personnel background check details, even with clients or customers.
There are two options for the client in this kind of situation. Option 1 is that the company hiring the temp worker for a short-term staffing engagement can require the employee to go through another background check. Companies with especially thorough background check policies may wish to carry out their own screenings, anyway, to fill in any gaps that may have been present in the staffing agency’s checks.
Option 2 is that the staffing agency can obtain written authorization from its employees to share background check information with clients. Employers are at their liberty to require that employees authorize the sharing of this information to be placed by the agency.
Generally, the most crucial component of background checks for employers is compliance. FCRA rules are concrete and need to be respected and followed to the letter. Respecting employee rights and privacy will not only protect your business from costly lawsuits but also boosts employee morale and protect your company’s reputation as an excellent place to work.