Background Checks in Banks, and Conflicts with Ban-the-Box Laws

by Philip M. Berkowitz - Global Banking & Finance Review

Numerous federal, state and local laws require banks to run criminal background and credit checks on employees and applicants for employment. These include the Federal Deposit Insurance Act (FDIA), the Securities and Exchange Act, the Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act), the Truth in Lending Act (TILA), and various FINRA rules. The background checks may also need to be re-run periodically during employment to assure the continued accuracy of the information received during the recruitment process, and to assure that the individual continues to be qualified to fill their role.

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