Evergreen consent is a candidate's permission for you to run background checks for the duration of their employment.
When you run a background check, you’re required by law to gain the candidate’s consent. This means you need to disclose the nature of the check, and gain the candidate’s authorization to proceed.
Checkr obtains evergreen consent from all candidates applying through our Checkr-Hosted Apply Flow. If you order background checks manually, or by some other means that does not take advantage of our Apply Flow, you will be required to obtain evergreen consent from your candidates directly.
For example, if you create a manual invitation for a candidate, and then wish to re-run their background check using Checkr’s subscriptions feature, you are required to obtain their “evergreen consent”.
Please consult with your legal counsel on whether and how to use evergreen consent. Consider the following points:
Do you place evergreen consent language in the disclosure form or the authorization form?
- Many companies place the evergreen consent notice in the authorization form, so as not to violate the “sole disclosure” requirement in the Fair Credit Reporting Act (FCRA).
- Upon request, Checkr can provide you with template authorization forms that include evergreen consent language, but you are ultimately responsible for the language you use.
How are you complying with state laws?
- Some state laws, notably California’s Investigative Consumer Reporting Agencies Act (ICRAA), are ambiguous on the topic of evergreen consent. Although the Federal Trade Commission has interpreted the FCRA to allow for consent throughout the course of employment, ICRAA’s language is more ambiguous.
- You may consider asking for disclosure each time you re-run a check for candidates living or working in California.