Background Check Policy
(with Acknowledgment) (TN)

Summary

This template is a Background Check Policy for Tennessee employers. It covers key topics regarding background checks including, among others, the Fair Credit Reporting Act (FCRA), EEOC guidance, receiving consent for background check, employer disclosure obligations, confidentiality issues, and offers of new or continued employment contingent upon successful completion of background checks. Employers may include this policy in an employee handbook or distribute it as a standalone policy. It is intended for private employers. The template's language complies with Tennessee and federal law. It does not differ from the non-jurisdictional Background Check Policy template, except that it contains drafting notes that address issues under both Tennessee and federal law. For a full listing of key content that can be used by in-house counsel to develop, revise, and implement a company's employee and third-party-related policies, see In-House Company Policies Resource Kit. For a full listing of key content covering employee handbook considerations, see Employee Handbook Resource Kit. For more information on background checks under federal law, see Interviewing and Screening Job Applicants, Criminal Background Checks: Key Analyses and Considerations, Consumer Reports and Credit History Checks under the Fair Credit Reporting Act (FCRA), Fair Credit Reporting Act (FCRA) and State Mini-FCRAs: Step-by-Step Guidance for Compliance and Social Media Information Regarding Job Applicants and Employees: Key Considerations. For a full listing of key content covering recruiting, screening, testing, hiring, and onboarding, see Screening and Hiring Resource Kit. For more information on background checks under Tennessee law, see Screening and Hiring (TN) — References and Screening and Hiring (TN) — Criminal Background Checks. The process map below provides a visualized overview of the key stages in the typical recruiting and screening process. For a related process map covering the hiring and onboarding process, see Hiring and Onboarding Process Map. Visualization of Recruiting and Screening Process Map.