The ongoing COVID-19 pandemic has presented some challenges for employers when it comes to performing background checks. Closures, such as court closures, and other delays have made it difficult for employers to have these screenings done in a timely manner. However, these screenings are still a crucial part of the hiring process. Employers who are planning to hire new staff during the COVID-19 pandemic should keep the following information in mind.

Employment background checks, which include targeted screening for past criminal offenses, help employers provide a safe working environment for both workers and customers. These background checks also provide a way for employers to practice due diligence, which might help reduce their risk of liability if an incident involving an employee occurs on company property.

Importance of Employment Background Checks

The current COVID-19 pandemic has resulted in many businesses having employees work from home, which helps lower the risk of incidents, such as workplace violence or employee theft. However, employers should still plan on conducting background screenings before hiring new employees. Innovative employment screening is an important part of helping employers make informed hiring decisions.

Screening Delays and Problems

The COVID-19 pandemic has caused several places to temporarily close due to local lockdowns or shelter-in-place orders. Some of the places that have had to close or limit their usual activities include courts, which can have an impact on obtaining employment background check results. Employers in areas where local courts have been closed, for example, might experience significant delays in getting screening results. This might cause some employers to consider hiring new employees on a provisional basis if possible.

Provisional hiring involves going through with hiring a new employee before the background check has been completed. There are certain risks associated with this hiring process that employers should be aware of, as well as legal obligations, such as adverse action under the Fair Credit Reporting Act. Employers who choose provisional hiring as a temporary solution during the COVID-19 pandemic will need to devise a plan on how to handle potential cases involving criminal offenses that come up on completed background screenings after new employees have begun working.

Solutions for Screenings During the COVID-19 Pandemic

Employers who plan on hiring new employees during the COVID-19 pandemic have solutions available to ensure timely and thorough results. Companies that perform employee background checks, including criminal background screenings, can provide reliable and prompt results to help employers make smart and safe hiring decisions. For more information on employee background checks, please contact Screening Intelligence.

Source: https://www.mspb.gov/studies/adverse_action_report/5_DifferentTypes.htm

Disclaimer Statement: All information presented is never intended as legal advice and is for information purposes only.

Background screening has become a vital tool in the modern hiring process and staying FCRA compliant is crucial. Various employment screenings open additional layers of information about job candidates that help employers verify that employees can do the specified job with expertise and without incident. Credit checks have become increasingly common screening tools in the hiring process that require some additional care in protecting candidates’ privacy rights.

Getting the Most Out of Employment Background Screening While Staying FCRA Compliant

In November 2019, The Balance reported that 95% of employers conduct some type of background screening, and 16% of employers run a credit check on all prospective hires. Credit checks are important to employers screening job candidates set to work in jobs that deal with handling money. Jobs in industries such as accounting, banking, investing and retail require confidentiality and financial stability and integrity.

While employers rely on background screening to gain important information employees may not feel eager to share—or do not know how to broach the subject—they must also stay FCRA Compliant with the requirements associated with the FCRA. The Fair Credit Reporting Act (FCRA) is federal legislation written and passed to facilitate accurate, fair and confidential background screening that include those involving consumer credit information.

Here are some key ways to conduct compliant employment screening for important financial positions while complying with FCRA compliant guidelines.

1. Inform the Job Applicant or Employee About a Background Check Before Starting the Process

Employers must provide a clear document, providing written disclosure that they may conduct an FCRA compliant investigative consumer report to learn more about the applicant or employee and his or her mode of living, financial responsibility, reputation and character. In this document, it is also important to alert the employee consumer about his or her right to request a complete record of the scope and nature of the FCRA compliant background screening.

2. Obtain Authorization from the Employee

At a minimum, an employer must inform the employee and obtain authorization to proceed. When the background screening includes medical information, such as details on a workers compensation case, the employer must take special care to get the employee’s authorization. Further, the employer must ensure that the medical information is relevant to their background screening.

3. Certify to the FCRA Certain Details About the Background Check

The FCRA requires employers to certify that they have performed the disclosure, authorization and distribution requirements before proceeding. To be FCRA compliant they must also show that they have complied with all other laws and regulations.

By performing FCRA due diligence before and after screening potential workers, employers can learn invaluable information about candidates and employees while protecting their business against FCRA violations.

Disclaimer Statement: All information presented is never intended as legal advice and is for information purposes only.

Currently, 39 US states and the District of Columbia have marijuana laws and allow some type of legal use of marijuana. Many states limit use to medicinal purposes; some allow recreational use. If your company does pre-employment drug testing, these new marijuana laws have complicated your testing criteria considerably.

How do you conduct proper screening for habitual drug users while still allowing those using the drug to assist with medical conditions to pass the testing?

Pre-employment drug screening with today’s new marijuana laws

If you require pre-employment drug screening and you haven’t reviewed your screening policies recently, now is a good time to do so. Some parts of the country, such as the State of Nevada and New York City, have banned pre-employment testing for marijuana altogether. These bills will go into effect in January 2020. Other areas have legislation that protects those who use marijuana for medical reasons or courts have upheld employment discrimination cases under state disability laws.

However, not all jobs are covered under these new marijuana laws. Employers of drivers, law enforcement officers and emergency EMTs can still screen for marijuana use and refuse employment based on test results. In addition, applicants for some federal jobs are exempt from protection under these new marijuana laws.

Pre-Employment Testing For Marijuana

Many companies around the United States are ceasing pre-employment testing for marijuana, treating usage much like they treat alcohol usage, by only intervening when job performance is affected or the employee is visibly impaired.

To learn more about how to make pre-employment screening work for you in this new atmosphere of legalized marijuana, visit or call us today. We’ve been helping businesses of all sizes with their pre-employment background screening for more than a decade.

Source: https://disa.com/map-of-marijuana-legality-by-state

Disclaimer Statement: All information presented is never intended as legal advice and is for information purposes only.