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Learn how employee background checks can protect your company from risks and ensure trustworthy hires for a secure work environment.

Expert’s Guide for Employee background checks

Expert’s Guide for Employee background checks
Tuesday, April 30, 2024

Employee background checks are crucial in today’s dynamic workplace landscape. Your workforce is the backbone of your company, driving its success and growth. However, finding qualified and trustworthy employees is becoming increasingly challenging. Surprisingly, over half of job applicants have been found to falsify information on their resumes, primarily concerning work experience, education, skills, and job responsibilities. While this might seem innocuous in certain industries, it can pose significant risks in others, potentially jeopardizing workplace safety and tarnishing your company’s reputation.  

Creating an Employee Background Checks Policy

Step 1: Developing a Comprehensive Policy

Implementing a clear and consistent background check policy is essential for any organization. This policy should outline:

    1. Types of Checks: Determine which background checks are necessary for different positions within your company, tailoring them to suit specific job requirements.
    2. Employment Decisions: Specify how background check results will influence employment decisions, taking into account the nature of the position and the relevance of any past convictions.
    3. Timing of Checks: Decide when background checks will be conducted during the hiring process and whether they’ll be repeated for current employees.

A well-defined employee background checks policy ensures fairness, transparency, and legal compliance throughout the screening process.

Compliance: Understanding Legal Obligations

Step 2: Navigating Legal Requirements

Employers must adhere to federal, state, and local laws governing employee background checks to avoid costly fines and legal repercussions. Key considerations include:

    1. Consent Forms: Ensure compliance with the Fair Credit Reporting Act (FCRA) by obtaining written consent from applicants before conducting background checks.
    2. Adverse Action Process: Follow FCRA guidelines when taking adverse actions based on background check results, providing candidates with pre-adverse and adverse action notices.
    3. Ban-the-Box Laws: Familiarize yourself with ban-the-box regulations, which dictate when background checks can be conducted during the hiring process.
    4. Title VII Compliance: Avoid discriminatory practices by ensuring background screening policies do not disproportionately affect protected groups.

Choosing the Right Employee Backgrou