What You Need to Know About the Employment Background Screening Process
Employers need to understand the current laws and regulations that govern the employment background screening process and require them to comply with particular procedures.
The Fair Credit Reporting Act (FCRA), the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Equal Employment Opportunity Commission (EEOC) are just a few of the federal laws that regulate employment background checks. State and local governments have enacted their own rules as well.
It is also important to note that these laws constantly change, making it difficult for employers to comply with many regulations. For instance, state and local laws regarding ban-the-box policies differ significantly regarding criminal history.
Some states have implemented restrictions on how long an employer can look back on a candidate’s history when conducting a criminal record check. Others require businesses to provide detailed notices about background checks or authorize candidates to appeal decisions based on criminal history findings.
There are also certain circumstances in which an employer must receive permission from a candidate before running a background check, such as during pre-employment screening or annual reviews of current employees.
Reasons for Background Checks
Employers will conduct background checks for a variety of reasons. The most common are to:
- verify employment history and experience, including any gaps in employment
- determine whether the applicant has a criminal or other problem
- determine the suitability of an individual for the job
Best Approach to Conducting a Background Check
Employers must decide whether to perform background checks in-house or outsource these services. Before deciding, employers should consider costs, turnaround time, and other factors.
Conducting a proper criminal search requires access to nationwide record databases for most organizations. These resources are expensive and require significant training for employees who operate them. Suppose your company does not have the resources for in-house screening services. In that case, you may want to consider outsourcing this task to a third-party firm that specializes in employment screening services.
Is the Information Accurate?
To make sure the information they receive is accurate and fairly reported, employers should know:
- Who has access to your background check information? An employer must take reasonable steps to ensure that only those who need your background check information for a permissible purpose (see above) will have access to it. An employer should maintain specific policies and procedures around this issue. If a background screening company is used, the employer should request documentation from the company providing assurances that it follows all required guidelines.
- What laws are in place? The FCRA contains provisions requiring employers and agents to treat applicants or employees fairly throughout employment. It also gives individuals a right to review any report requested by an employer about them, dispute any errors contained in it, and obtain a list of companies that have asked for their reports over the last two years (except as exempted by law). Employers also have requirements under Title VII of the Civil Rights Act of 1964, as amended, which prohibits employment discrimination on various bases, including race, color, religion, sex, or national origin. In addition to federal laws prohibiting discrimination against job applicants or employees based on criminal records (Ban-The-Box), there may be state laws with similar prohibitions and requirements regarding when an applicant can be asked if they’ve been convicted of a crime.
Timeline for Results
Several things can affect the length of time it takes for your company to get background screening firm results.
The first is the type of check being conducted. While certain statements take only minutes or hours to complete, others require days or weeks of research. The more thorough the background check, the longer it will take to complete. Some of the most common types of checks include:
Taking these issues into account will enable employers to decide which background screening company best suits their needs.
- When will you receive the results?
- Will you be able to compare this applicant with others who apply for the same position?
- Does the potential employee have access to the same information that you do? If so, is there a way for them to contest any inaccuracies before an offer is made?
- How will you use the information provided as part of your hiring decision, and how long will applicable federal and state law retain it?
Background screening companies must use a fair and thorough process by which they assess potential employees’ backgrounds, and employers should understand this process before choosing a screening company.
Both potential employees and current employees need to understand the employment background screening process and their rights and obligations concerning their work history. At Vision HR, we know that the safety of your Deland workplace is a top priority. We offer our clients the ability to make an informed decision regarding new hires through our background screening process across the United States; Contact us today to learn more about these services.
