about an employee to a future employer, protecting employers from negligent hiring liabilities. Employers use disclosed information from past employers when a background check does not provide enough information on the employee. Employers have to verify that the information disclosed to them is true because if it is false, the employer will be violating the civil rights of the employee. Obtaining background checks There are a variety of types of investigative searches that can be used by potential employers. Many commercial sites will offer specific searches to employers for a fee. Services like these will actually perform the checks, supply the company with adverse action letters, and ensure compliance throughout the process. It is important to be selective about which pre-employment screening agency one uses. A legitimate company will maintain a background check policy and will explain the process. Many employers choose to search the most common records such as criminal records, driving records, and education verification. Other searches such as sex offender registry, credential verification, skills assessment, reference checks, credit reports and Patriot Act searches are becoming increasingly common. Larger companies are more likely to outsource than their smaller counterparts – the average staff size of the companies who outsource is 3,313 compared to 2,162 for those who carry out in-house checks. Financial service firms had the highest proportion of respondents who outsource the service, with over a quarter (26%) doing so, compared to an overall average of 16% who outsource vetting to a third party provider. The construction and property industry showed the lowest level of outsourcing, with 89% of such firms in the sample carrying out checks in-house, making the overall average 16%. This can increase over the years. Companies that choose to outsource must be sure to use companies that are Fair Credit Reporting Act (FCRA) compliant. Companies that fail to use an FCRA compliant company may face legal issues. As a general rule, employers may not take adverse action against an applicant or employee (not hiring or terminating them), solely on the basis of results obtained through a database search. Database searches, as opposed to source records searches (search of actual county courthouse records), are notoriously inaccurate, contain incomplete or outdated information, and should only be used as an added safety net when conducting a background check. Failure by employers to follow FCRA guidelines can result in hefty penalties. Criminal records In the United States,