With over 20 years of experience, Eagle Eye Screening Solutions provides wholesale public records retrieval services.
Ensuring compliance with Tennessee's background check laws is essential for employers aiming to make informed hiring decisions while respecting applicants' rights. Below is an overview of key considerations and regulations pertinent to conducting background checks in Tennessee.
Access to accurate and comprehensive public records is vital for employers to assess the suitability of potential employees. In Tennessee, background checks may encompass verification of references, past employment, Social Security numbers, education, driving records, and criminal history. Employers must handle this information responsibly to avoid discrimination and ensure compliance with federal and state laws.
Faster data turnaround times so you can get back to hiring.
Background checks in Tennessee, particularly for employment purposes, are subject to strict regulations to protect individuals' privacy rights. Tennessee has implemented various restrictions on the use of background check information by employers. Here is a comprehensive overview of these regulations:
Tennessee implemented a "Ban-the-Box" law in 2016, applicable to public employers. This legislation prohibits state employers from inquiring about an applicant's criminal history on initial job applications, allowing candidates to be evaluated based on their qualifications first. However, this restriction does not extend to private employers statewide. Notably, certain municipalities, such as Nashville and Chattanooga, have adopted their own Ban-the-Box policies for public employment. Employers should verify local requirements to ensure compliance with applicable regulations.
Tennessee maintains strict drug laws and does not differentiate marijuana possession records from other criminal offenses in the context of employment background checks. Employers are permitted to consider such records when making hiring decisions. It is advisable to apply company policies consistently to all applicants to avoid potential claims of discrimination.
Employers in Tennessee must adhere to the FCRA when conducting background checks through third-party agencies. This federal law requires:
Additionally, the FCRA limits the reporting of certain information, such as arrests that did not result in convictions, to seven years. Employers must ensure that the information reported complies with these time frames.
Tennessee's Data Breach Notification Act mandates that businesses notify affected individuals and the Attorney General in the event of a data breach involving sensitive personal information. In the event of a security breach, entities must:
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Failure to comply with these requirements can result in penalties, including fines. Employers should establish data security policies to protect personal information and ensure compliance with notification obligations.
Tennessee law permits the expungement of certain nonviolent criminal records, particularly specific misdemeanors. Once a record is expunged, it is generally inaccessible to employers during background checks. Employers should be aware that they are prohibited from considering expunged records in employment decisions and must ensure their background check processes comply with this restriction.
Your real-time criminal data can be pulled within minutes rather than days, so you meet your toughest clients expectations.
Faster data turnaround times so you can get back to hiring.
The automated search is a special kind of search offered by Eagle Eye Screening that gives our customers more options on the level of detail they desire in their particular solution.
The criminal history search is one of the fundamental aspects of any background screening.
In America today there are millions of civil cases filed each year, and each of these cases can give unique insights into all of the parties involved.
The national and federal nationwide criminal and civil search is our largest search that we offer.
Eagle Eye will go as far as to offer screening solutions centered around a business search.
In the background screening industry today there are several specific organizations in place that set rules and guidelines which when adhered to give the guarantee of quality results.
A comprehensive background screening in Tennessee may include:
Personal Identifiers: Full name, date of birth, Social Security number.
Criminal Records: Felony and misdemeanor convictions, pending criminal cases.
Employment History: Verification of previous employment positions and durations.
Education Verification: Confirmation of degrees, certifications, and institutions attended.
Driving Records: For positions requiring driving, a review of the applicant's driving history.
Credit History: Applicable primarily for roles involving financial responsibilities.
Background screenings in Tennessee are governed by federal laws, including the FCRA, which sets standards for accuracy, privacy, and the handling of consumer information. Additionally, employers must comply with state-specific regulations, such as the Data Breach Notification Act, to ensure the protection of personal information.
The FCRA stipulates that certain negative information, such as civil suits, civil judgments, and records of arrest, can be reported for up to seven years. However, criminal convictions may be reported indefinitely. Employers should establish data retention policies that comply with these guidelines and ensure the secure handling and eventual disposal of background check information to protect applicant privacy.
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