In 2013, OFCCP issued Directive 2013-02 to provide guidance and best practices to federal contractors and subcontractors when it comes to criminal background checks. The U.S. Equal Employment Opportunity Commission, the federal agency that administers and enforces Title VII of the Civil Rights Act of 1964, also issued a comprehensive Enforcement Guidance on the use of arrest and conviction records in employment decisions. In considering the timing of background checks, employers should take into account their state ban-the-box laws which prohibit certain inquiries during the pre-employment phase. The Federal Credit Reporting Act (FCRA), which is enforced by the Federal Trade Commission, also stipulates procedures that employers must comply with. For best practices, refer to this helpful guide from EEOC: Background Checks: What Employers Need to Know.
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.