Automated Background Checks and the On-Demand Economy

How the new age of non-human background screening services by companies like Checkr have hampered employment opportunities at UBER

Companies that operate on-demand services, such as Uber or Lyft, have exploded in the past few years, and hundreds of thousands, if not millions, of people have applied to work for these companies. While on-demand companies seek to “disrupt” certain marketplaces, background checks are one area where on-demand companies are just like traditional employers.

Like many traditional companies, most on-demand companies run criminal background on potential workers. For example, Uber obtains background checks on all of its potential drivers and orders the background checks from consumer reporting agencies like Hirease (which is now owned by Accurate Background) or Checkr, Inc.

Uber background check consent and criteria

Although these companies tend to classify their workers and independent contractors, rather than employees, the Federal Trade Commission has opined that companies that hire independent contractors are subject the same provisions of the Fair Credit Reporting Act as companies that hire employees.

Thus, companies like Uber are subject to the same disclosure and authorization provisions that apply to traditional employers. In practical terms, what does that mean? It means before it runs a background check on a potential driver, Uber must provide a disclosure that a background check is going to be run and obtain the driver’s authorization or consent to procure the background check.

Uber background check wait time

While some background checks are near-instantaneous, the wait time for other background report can be a couple days or even weeks in some instances. In a few cases, this has greatly delayed employment start time as potential driver candidates sit in limbo. In more extreme situations, a seemingly random background check is conducted well after the driver has been employed, and this has caused their termination.

If the driver fails Uber’s background check according to Uber’s background check criteria, Uber is required to give the driver a copy of the report and a reasonable time to contest or explain the results of the background check.

What happens if I failed my Checkr / Uber background check due to an error?

Keep the copy of your background report and any communication you received from Checkr (typically emails). Then contact us for a free evaluation. As of this writing, our background check attorneys have helped hundreds of people across the United States who had inaccurate information, or flat-out mistakes, appear on their Checkr-produced background report.

Use the contact form on this page to start a free and confidential evaluation with our firm. You have nothing to lose, and we may be able to fix the errors on your background report so there are no future conflicts.

ABOUT THE AUTHOR

John Albanese, Esq.

Associate Attorney

Bio


jalbanese@bm.net

John Albanese, Attorney with Berger & Montague, P.C.

Background Check Issues? Talk to John.


Our attorneys will evaluate your background report for free. We’ll gather the details and discuss your options.

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