Background Checks
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Hiring new employees comes with many challenges. It is important to find the right candidate with the proper qualifications to do the job. But you can’t use the interview process alone in making your decision. You should also verify the accuracy of information provided by candidates by means of a pre-employment background check. Relying on instinct alone is not enough. Employers perform background checks for many reasons. The most obvious reason is to verify employment qualifications. Organizations want to hire the most qualified people who will help grow their business. Past performance is a good indicator of future performance. Conducting a background check and reference check will confirm whether the information provided by an applicant is true and accurate and help distinguish the good performers. If employers advertise their background screening requirements, this can encourage honesty in the application and interview process and discourage applications that have something to hide. Avoiding injury is another very important reason. This comes in the form of protecting the company from injury – protecting against financial loss (workplace theft, etc.), protecting a company’s image and reputation, and so on. Employers also want to avoid harm to other employees and customers – protecting against harassment or workplace violence, to name a few. Finally, this could come in the form of protecting the public – protecting against negligent driving. To provide a few examples, you may not want to hire someone with a criminal history for a security officer position, someone with a history of theft for a cashier position, or someone who has had issues with substance abuse for a hospital position that has accessibility to drugs and medication. Another reason why companies perform background checks is to minimize the cost of litigation defense arising out of potential legal claims. Negligent hiring and retention claims can be costly to defend. An in-depth criminal records search can show that an employer performed due diligence in hiring. With all that said, background checks don’t come without challenges. State and federal laws can limit the type of background information that can be used to make employment decisions or the length of time a search can span. Information needs to be evaluated in a nondiscriminatory fashion. While background checks should be performed based on the specific job being performed, they must be consistent for all candidates. Those in protected classes may be adversely impacted by certain background screening items. Therefore, the searches must be relevant to the specific job that an applicant is being screened for. Employers also need to ensure they follow the Fair Credit Reporting Act (FCRA) guidelines in performing background checks. Always obtain the individual’s consent prior to conducting a background check. Also, when an adverse employment decision is made as a result of items discovered through a third-party vendor’s background report, specific steps need to be followed regarding sending preliminary adverse action notices, a summary of rights under the FCRA, and final adverse action notices. It should be plain to see that selecting a reputable background vendor should be a priority when evaluating options. Some of the important factors to consider include the accuracy and quality of the information being obtained. Is the vendor accredited by the National Association of Professional Background Screeners? Do they stay on top of current federal and state laws? Reference checks are not limited to the selection process for employees. Ask the vendor if they can provide 3 client references. Also, what data security features are in place to protect employers and employees? What do support services look like? Will the employer have a dedicated representative? What are the payment terms? Among other factors, all of these are important things to consider when selecting a background vendor. Resources: FCRA Authorization to Obtain a Consumer Report Reference Check Disclosure Policy Background Check Driver's Information Sheet Background Check Minor Parental Consent Background Check Reference Release Authorization- Post Employment FCRA Preliminary Notice of Adverse Action FCRA Final Notice of Adverse Action Summary of Rights Under the Fair Credit Reporting Act (FCRA) Summary of Consumer Identity Theft Rights
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Things to Know
