Compliant employment background screening is a trending topic due to Ban-the-Box legislation and the rules that have been enacted as a result. Not complying with laws relevant to applicant rights can lead to lawsuits for business and organizations.
The following covers six key areas related to compliant employment background screening and best practices in hiring:
1. Use a Compliant Employment Background Screening Worker Consent Form
Having employees agree to all aspects of compliant employment background screening is the first step to being covered for the process. Consent form components should refer to current FCRA legislation as well as state and local laws. Have a lawyer or qualified personnel review the form. Ensure it is in compliance with Fair Chance Acts and Ban-the-Box standards.
2. Use Focused, Selective Screening
Guidelines for which screening packages and services should be ordered for different worker positions should be clearly defined. For example, while a credit report would be relevant for someone seeking a role in financial services, it would not apply to many other positions. The type of screening should always be relevant to the job sought. A professional compliant employment background screening service can take much of the guesswork out of the process.
3. Train Staff Well
All relevant staff members should be fully trained in compliant employment background screening. They should be able to efficiently interpret and apply the information contained within the completed background report in compliance with federal, state and local laws.
4. Apply Screening Results Appropriately
Results should be reviewed in accordance with Individualized Assessment Guidelines from the U.S. Equal Employment Opportunity Commission (EEOC). A copy should be provided to the applicant if requested – they have the right to view the entire background report and all screening results.
5. Follow A Fair Negative Action Process When Needed
When taking any action that is not in an applicant’s favor based upon results received in a background check, a fair procedure should be followed. Send the applicant a letter containing a summary of their FCRA rights and a copy of the report as well as a dispute form in case they wish to respond.
6. Be Consistent
When all background results have been received, employers can make a decision about the best candidate for the position. Businesses should bear in mind that the factors used to eliminate a candidate should be consistent and always relevant to the demands of the position.
Laws related to compliant employment background screening are more complex than ever. Employers can help to remain in compliance through the establishment of a well-researched process, training relevant staff members accordingly, staying consistent with each job candidate, and reevaluating their hiring process regularly.
Disclaimer Statement: All information presented is never intended as legal advice and is for information purposes only.
Leave a Reply