Most every company or organization hires new workers at some point or runs background checks on current employees. Either way the employment screening process has to be in compliance with all Federal, State and Local laws governing the use of consumer reports such as criminal history reports. This process typically includes posting an Ad for a job position, then sorting through resumes, then having interviews for the candidates that look the most promising and then picking the best person for the job and hiring them.
However, these days human resources (HR) personal need assistance in creating, maintaining and then conducting the hiring process in strict adherence to their employment screening policies. With new laws affecting the employment screening and hiring process being enacted into law all over the country, it is wise to partner with a third party background screening company to help hiring agents like HR professionals remain compliant with such laws and also to help them understand the consumer reports they receive on prospective and current employees.
Current background information that should be utilized as a part of a complete and comprehensive background check is criminal background checks, SSN reports, sex offender record checks, driving record checks (if applicable), employment background checks like employment verifications, education verifications and personal and professional reference checks. All of these reports together give a full picture of the job candidate and helps employers make wise hiring decisions. However, it is not enough to just order these background checks, employers also need to understand the laws surrounding the proper use of this background information and must adhere to all current laws regulating how and when these background checks can be reviewed or even taken into consideration.
With new laws like ban-the-box legislation, the legalization of marijuana use and the continued efforts of the Equal Employment Opportunity Commission (EEOC) combating discrimination in the hiring process it is time for employers and HR professionals to work with a third party background screening company to remain legally compliant during this time of rapid change in the employment screening arena. It is also best to consult legal counsel to ensure your background screening and hiring policies and procedures are compliant with all Federal, State and local laws governing the use and proper application of when and how consumer reports like criminal history reports can be used in the decision making process of hiring new employees.
Every employer needs to understand the laws that govern the employment screening process and must remain compliant with such laws and guidelines to avoid legal action from the EEOC and other agencies. The EEOC will seek legal action against companies and organizations if they violate federal law specifically in instances of discriminatory hiring practices. A sound hiring practice helps verify information on a resume and looks into the life experience and background data of a prospective employee. This is fine but the process has to be compliant with all relevant laws and cannot be in anyway discriminatory to the point of even disparate impact which on the surface does not appear discriminatory but when looked at in the aggregate does indeed discriminate.
The use of background records which includes consumer credit reports, is regulated by the Fair Credit Reporting Act (FCRA) and is enforced predominantly by the US Federal Trade Commission and the Consumer Financial Protection Bureau. The FCRA also has clear rules in its section covering employment background checks. It states that all employers using consumer reports including criminal history reports must get written permission from the job applicant to run the criminal background checks and must tell the applicant if the criminal record report was in-part or wholly responsible for the applicant not getting hired. This adverse action letter must be given to the applicant along with a summary of their rights under the FCRA and the applicant has a right to dispute these records along with other rights.
Other than credit information consumer reports like criminal history reports are protected and enforced by the Equal Employment Opportunity Commission under the authority of the Civil Rights Act of 1964 and its various updates and expansions. There are clear rules that employers have to abide by when selecting new employees. The FCRA and EEOC make it clear how criminal background records are to be utilized during the employment screening process through its documents and guidance’s.
The bottom line when it comes to employment screening in the USA is that this country has a far reaching agenda to end as best they can discrimination in the workplace and in the hiring process. This agenda also includes giving previous criminal offenders a fair chance at getting a job including removing the question on the job application form asking the job applicant if they have a criminal record. In addition some States now will not allow employers to take into consideration any criminal record older than 7 years. These States will only provide the last 7 years of criminal history if the reason for the criminal background check is for employment screening purposes and the new job would physically be in that State. With recent laws like these it is imperative that employers and hiring agents understand what is expected of them and that these new laws are reflected in their employment screening and hiring policies to remain in full compliance.
To learn more about the employment screening process in the USA and the new laws and regulations effecting the hiring process and why it is important for employers to remain or become legally compliant related to these new laws read recent CriminalBackgroundRecords.com press release.