HRRecruitingAlert.com » Background check do’s and don’ts

Background check do’s and don’ts

April 2, 2008 by Sam Narisi
Posted in: Assessing the right candidate, Latest News & Views, References

Using background checks to qualify candidates? Good idea. Not following the strict laws about conducting background checks? Bad idea.

Your daily HR goal: Protect the bottom line. That means no costly hires and no lawsuits. Of course, in our imperfect world, those two goals can sometimes come into conflict.

Another thought: The U.S. Department of Justice reports that one in every 32 adults has a criminal record. So if you have 200 workers in your company, there’s a statistical likelihood that six of them have had trouble with the law.

To make sure you hire safe, honest employees, a background check is usually the best way to go. But if you aren’t careful, you could end up facing claims of discrimination, invasion of privacy or violations of other laws. Here are some of the common do’s and don’ts of background checks:

Only what you need to know

Don’t use arrest information to determine eligibility for employment unless it’s OK with your state. In most states, employers can’t ask about or act on information about an arrest that didn’t lead to a conviction or that resulted in a favorable outcome for the person. Some states also don’t allow employers to deny employment based on a conviction if it didn’t affect the employee’s ability to perform the job.

Do comply with Federal Credit Reporting Act (FCRA) provisions. You’ll have to give the prospective employee written notice if you plan to use a consumer reporting agency and advance notice of any potential adverse action. If the person isn’t hired because of something you find in the report, you’ll need to provide a copy of the report.

Don’t base your hiring decision solely on a bankruptcy. Some jurisdictions call this discrimination. Check with your state’s laws for more information.

Do ask for written consent on a form separate from the job application.

The FCRA requires that a disclosure and an applicant-consent form for obtaining a consumer report be on a separate self-contained form.

Don’t always consider workers’ comp records. You can only factor workers’ comp history into a hiring decision if the injury will interfere with the worker’s ability to do the position’s required duties.

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6 Responses to “Background check do’s and don’ts”

  1. Rebecca Smith Says:

    Please send me where you see that the FCRA requirements for disclosure are stated as such, I do not see it on the Government document:

    “The FCRA requires that a disclosure and an applicant-consent form for obtaining a consumer report be on a separate self-contained form.” Thanks.

  2. Sam Narisi Says:

    Rebecca:

    It’s in section 604 of the law (pg 14 of the document here: http://www.ftc.gov/os/statutes/031224fcra.pdf)

    Here’s the relevant text:

    (A) In general. Except as provided in subparagraph (B), a person may not
    procure a consumer report, or cause a consumer report to be procured, for
    employment purposes with respect to any consumer, unless–

    (i) a clear and conspicuous disclosure has been made in writing to the
    consumer at any time before the report is procured or caused to be
    procured, in a document that consists solely of the disclosure, that a
    consumer report may be obtained for employment purposes; and

    (ii) the consumer has authorized in writing (which authorization may be
    made on the document referred to in clause (i)) the procurement of the
    report by that person.

    Hope that helps clear things up.

    Sam Narisi
    Editor
    HRRecruitingAlert.com

  3. Susan Says:

    I need referrals of where to have background checks done. Are there some reliable online sites/databases?

  4. Sam Narisi Says:

    Susan,

    HRHub has a pretty big list background check providers. You can get to it here:

    http://www.hrhub.com/industrysearch/SearchResults.aspx?keyword=background+checks&atc~C=009+S=999+r=001+l=a&VNETCOOKIE=NO

    Sam Narisi
    Editor
    HRRecruitingAlert.com

  5. B Robison Says:

    Where and how can workers compensation information be obtained?

  6. Paul Says:

    Can I provide copleted copies of I-9s to an agency (FBI, Troopers) for them to conduct background checks??
























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