Q: Does an employer have to provide a candidate a tentative offer letter of employment before conducting a background
Employer uses a 3rd party company to conduct the background search, why is there a need for the offer letter which is tentative pending the outcome of the background.
A: The EEOC strongly suggests employers give applicants a conditional (tentative) offer of employment before conducting background checks- for similar reasons that some jurisdictions have "ban-the-box" laws. It is to give people with histories of arrest or conviction a chance to get their foot in the door- after running the check and finding negative information, (with some exceptions) the employer is also supposed to do an "individualized assessment" of the applicant- as opposed to having a blanket policy. If the employer is using a third-party credit reporting agency to do the background check, they also have to comply with the notice provisions of the FCRA.
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