Conducting background checks on potential candidates is often essential, especially concerning positions requiring security issues, finances, customer privacy, etc. Conducting these checks legally and within the boundaries of the FCRA and the EEOC is equally essential. Failure to understand and operate within the guidelines can land you in the middle of a costly lawsuit. Although it is not a substitute for reading and learning the official guidelines from both of these sources, we will summarize the major dos and don’ts of background checks.
Establish written policies
Regardless of who is conducting the check and/or which position the candidate is applying for, the method should be consistent. Creating a detailed written policy, which clearly defines and outlines your screening process, will ensure this consistency. It will also ensure that every candidate is fully aware of checks required both overall and specifically to the open position. Your written policy should include:
- Information on local and federal laws
- The basis for the various checks
- When and how the checks will be conducted
- What checks will be included (for example: criminal, credit, social media screening, etc.)
- A specific social media policy with in the background check policy
- Drug screening policies
Note: Laws vary from state to state, so make sure that your policy falls within the boundaries of your state guidelines as well as federal laws.
Provide sufficient training
Train staff members who will conduct background checks. Don’t scrimp on this step. Investing in thorough training builds protection against inadvertent illegal action. Require all pertinent personnel to read the policy. Include a self-test and require their signature when completed. Whenever company policy is updated, require personnel to again read and sign off, keeping this documentation on file.
Connect with a reputable screening/consumer reporting agency
- Skip the free stuff – you don’t get what you don’t pay for, but you might get insufficient or false information. A reliable firm will have access to local, state, and national databases. Although you may not always use all of the following, they should be available:
- Criminal history
- Reference and credential checks
- Driving records
- Credit and identity checks
Obtain permission
This is an absolute must – any check sought without permission is illegal. Give every candidate a written copy of what checks you will be doing and how the results will be evaluated in regards to the candidate and position. Obtain and file their signed and dated permission. In addition, date the requests for background checks to document that permission was obtained prior to initiating the checks.
Dealing with negative results
Receiving negative feedback from a background check does not mean you can cross the candidate off the list and move forward. If you want to stay within legal requirements and avoid potential lawsuits and/or fines, follow these steps.
- Inform the candidate of the results and provide a copy
- Provide the candidate with a summary of their rights according to the FCRA
- Give them a copy of a pre-adverse action letter (in other words, a preliminary copy of your letter of justification)
- Include the contact information for the agency who conducted the background check
- Give the candidate sufficient time to review the results and dispute it or at least present an explanation
If you do end negotiations due to the background check, document the details in a letter of justification and keep it on file.
On the positive side
Background checks provide a safety check. They reveal information that if hidden, could result in a bad and costly hire. On the other hand, many candidates have nothing to hide and the check reveals multiple positives that didn’t necessarily show up in their interview. Even when you short list of candidates are all potentially great hires, the positive results in their checks can help you make the final decision.
Contact Robbins Staffing today. We listen to your employment needs and, through various screening/ interviews, find the best candidates for your open positions. While you may still choose to do background checks, you can depend on Robbins to offer your company great hires.
