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Disclosure and authorisation
Before a screening vendor runs anything, the candidate must get a clear written disclosure in a document that contains nothing else.
Not legal advice, and not a form to use unreviewed. This is a
plain-language starting point to hand to counsel. Several states require additional language.
What breaks a disclosure
- Putting it inside the employment application.
- Adding a liability waiver or release of claims.
- Adding state-law notices for five states the candidate does not live in, so the document becomes a wall of text about something else.
- Combining it with an at-will acknowledgement or arbitration clause.
Starting point
DISCLOSURE REGARDING BACKGROUND INVESTIGATION [Company] may obtain a consumer report about you for employment purposes. "Consumer report" means a report about your character, general reputation, personal characteristics, or mode of living, obtained from a consumer reporting agency. The report may be prepared by: [Vendor name, address, telephone, website] [Signature / date lines]
Authorisation is a separate signature, commonly on its own page:
AUTHORIZATION I have received and read the Disclosure Regarding Background Investigation. I authorize [Company] to obtain a consumer report about me for employment purposes, now and, where permitted, during my employment. [Name, signature, date]
Keep the paperwork. The signed disclosure and authorisation
are what you will be asked to produce if anyone questions the process. Retain them the way you
retain other hiring records.