The collection of candidate information is well regulated in the USA. TurboCheck has built-in processes to make your hiring processes fully compliant with all relevant privacy laws and regulations. Below is an overview of the laws and regulations that TurboCheck complies with.
Our application fully complies with the Fair Credit Reporting Act (FCRA), which governs the collection, dissemination, and use of consumer information, including background checks for employment purposes. We adhere to the following key FCRA requirements:
Currently, 37 states, Washington D.C., and over 150 cities and counties have adopted Ban the Box policies. Initially, the laws urged the removal of checkboxes – banning the box – asking about arrest and conviction records from employment applications. The laws have further evolved to restrict employers from conducting a criminal background check until after a job offer has been made.
We are NOT subject to Ban the Box laws, as our services do not involve the collection of criminal records. We do NOT ask candidates if they have a criminal background at any point during our process. We do NOT collect criminal records from local, state, or federal courthouses. We do NOT search through correctional facility records, sex offender registries, or any other sources related to criminal history.
The Fair Credit Reporting Act (FCRA) supersedes the California Consumer Privacy Act (CCPA) and its extension, the California Privacy Rights Act (CPRA), as outlined in Section 1798.145(d) "Exemptions" of the CCPA. The CCPA and CPRA do not apply to consumer reporting agencies already covered by the FCRA, which enforces stricter regulations anyway.
All other state data privacy laws, largely inspired by the California Consumer Privacy Act (CCPA), also exempt companies subject to the Fair Credit Reporting Act (FCRA). These laws use similar language to the CCPA when outlining these exemptions. As a result, the following data privacy laws do not apply to TurboCheck due to this exemption:
We comply with the Equal Employment Opportunity Act, specifically Title VII of the Civil Rights Act of 1964, by ensuring our verification processes are free from discrimination. We do NOT collect or use data regarding race, gender, ethnicity, sexual identity, or any other protected characteristics in any way. Our solutions are designed to promote fairness and equality, aligning with the principles of equal employment opportunity.
NYC Local Law 144 was introduced in response to the rise of artificial intelligence (AI) in the employment market. Its purpose is to ensure that the use of AI and other Automated Employment Decision Tools (AEDTs) does not perpetuate biases present in previous datasets. An AEDT is defined as a computer-based tool that uses machine learning, statistical modeling, data analytics, or artificial intelligence to help employers make employment decisions.
TurboCheck is NOT subject to NYC Local Law 144 as we do NOT utilize machine learning, statistical modeling, data analytics, NOR artificial intelligence. We do NOT collect or use data regarding race, gender, ethnicity, sexual identity, or any other protected characteristics in any way. Furthermore, we have NOT trained our algorithm using large datasets that could potentially be embedded with discriminatory biases.
In addition to complying with specific laws and regulations, TurboCheck is committed to ethical practices in all aspects of our operations. We continually review and update our policies to reflect the latest legal requirements and best practices in data security and privacy.
For any inquiries about our regulatory compliance or to learn more about our services, please contact us using this LINK. We are dedicated to transparency and are here to address any questions or concerns you may have.
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