The Federal Trade Commission (FTC) which enforces the Fair Credit Reporting Act (FCRA) requires that employers who are securing background information (such as a credit report) from companies who are in the business of compiling background information (such as a credit reporting agency), must notify applicants in writing that they might use the information obtained in making an employment decision. This needs to be in writing and in a stand-alone format. The FTC also further states that this notice cannot be in an employment application. In addition, employers need to secure the applicant’s written permission to conduct the background check, and certify to the credit reporting agency or background check company that it followed the FCRA requirements. Compliance will be dependent on how you are delivering the notice online, and securing their consent. There are laws such as the ESIGN Act that govern the use of electronic signatures and an opinion letter issued by the FTC. I would consult with your legal counsel to ensure that the method you are using is compliant with the provisions within the context of the FCRA requirements. For more information on background checks, a good resource to use is the EEOC's and FTC's joint guidance on Background Checks, which contains a lot of helpful information for employers.

You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.