Employer Background Checks

The employer may also conduct an “individualized assessment” for candidates excluded from consideration to determine if the criminal conduct is job related and consistent with business necessity. Prudent employers screen new hires carefully, often conducting a criminal record check – either in-house, or through a third party agency – as part of the hiring process. Turnaround time for the background check’s results can range from one or two days to one or two months, depending on a number of factors. Some of these factors are in the potential employer’s control, others are not. Hiring a new employee can be tough, and the inclusion of running a background check as part of the hiring process can make it even harder.

There are instances where applicants have been involved in criminal activity, yet choose not to disclose it. If you want to ensure a safer workplace and avoid negligent hiring lawsuits, the amount you would pay to pre-screen your applicants is very small compared to the legal fees you may potentially pay later. The EEOC instructs employers to develop a targeted screen that will consider the nature and gravity of the offense, the time elapsed since the violation, and nature of the job position. According to the EEOC, once a potential concern has been revealed, a business should validate the criminal conduct, if possible.

How Long Does It Take For Something To Show Up On A Background Check?

If this is not the case, the maximum allowed reportable period the state of California is seven years. Through negligent hiring lawsuits, many employers have been found liable for their failure to conduct appropriate due diligence through a pre-employment background investigation.

The Society for Human Resource Management reports that 28 percent of employers do not ask candidates to divulge their criminal background at all during the hiring process. Whether you decide to move forward with a candidate after reviewing all of his or her information, you’ll at least have the facts. It is your responsibility as an employer to maintain a safe workplace for all your employees, and making an informed decision can help you with that task. Conducting pre-employment background checks on employees has become a matter of necessity for employers for several reasons. Many applicants make false claims on their job applications and/or resumes.

Employers can screen for a variety of things, including civil and criminal records and sex offender registries. A primary misconception, for both employers and employees alike, is that background checks are unnecessary. Many job seekers think employers don’t actually perform background checks, and, similarly, many small business owners believe they don’t need to. HireRight is pre-integrated with ADP Recruiting Management so that ADP users can order HireRight background checks from within the ADP Recruiting Management interface. This streamlined hiring solution enables process efficiency for recruiting and screening candidates. Since the pre-integrated solution was co-developed by HireRight and ADP, future upgrades will be supported. Yes, but a background check company must take reasonable steps to ensure its report is as accurate as possible.

The Cost Of Running A Background Check

Develop Background Check Procedures and Apply Consistently to All Candidates. It is against the law to discriminate against any candidate, or to conduct a background check only on members of one protected class and not another. The EEOC provides guidance on the use of arrest and conviction records in employment decisions that should help in development of a background check policy. For example, employers may not use criminal history to deny employment to an applicant of a certain protected characteristic if it offers employment to other candidates with similar job histories who have the same criminal record. Employee background screening is an important step in the hiring process, but one that must be conducted in strict accordance with employment laws. Depending on your state’s laws and industry, background screens can include many types of verification, including employment and educational history, and criminal, credit and driving records.

• Employee background screening is an important step in the hiring process, but one that must be conducted in strict accordance with employment laws.
• It is against the law to discriminate against any candidate, or to conduct a background check only on members of one protected class and not another.
• For example, employers may not use criminal history to deny employment to an applicant of a certain protected characteristic if it offers employment to other candidates with similar job histories who have the same criminal record.
• The EEOC provides guidance on the use of arrest and conviction records in employment decisions that should help in development of a background check policy.
• Develop Background Check Procedures and Apply Consistently to All Candidates.

Provide your applicant with “A Summary of Your Rights Under the Fair Credit Reporting Act,” and if in California, the California statement of consumer rights. These forms are hand-outs, advising your applicants of their rights when a consumer report is being requested about them.

There are a lot of misconceptions about background checks and pre-employment screening; for example, many employers and employees aren’t sure if background checks are necessary or what information is collected. Let me point out that there are some counties where you have to wait on court clerk to pull records to then give to court researcher.

Fast Turnaround Times

First and foremost, this may help reduce the chance of hiring an individual who may have a suspect background or is lying about credentials. Most background checks can be completed between three days to one week. Although some instant background checks are available, these rely on databases that can be incomplete or inaccurate. Instant criminal records databases, in particular, often contain many errors. Most reputable agencies will tell employers that they are better off waiting a bit longer and having a more thorough and accurate report. As a job seeker, it is always good to know what type of information is being shared about you. The results of a background check are valid for all verified records up to the date it was conducted.

Best business practices often include the use of a third-party employee background screening vendor, which can help reduce company risk and preserve employee confidentiality. Note that if you use a vendor for screening, you’ll need to comply with the Fair Credit Reporting Act, which requires certain permissions from and notifications to the applicant. Employers can look into a number of facts about you, including your credit history, employment history, driving records, and criminal records. If an employer uses a third party to conduct a background check, The Fair Credit Reporting Act ensures it’s lawful. A potential employer must notify you in writing if they intend to obtain a report, and they must get your written consent as well. If anything in your report causes an employer not to hire you, they must give you a copy of the report and a copy of your rights. The second reason why employee background checks are so important to your business is because they can protect you and your other employees.

Negligent hiring and retention lawsuits have cost many companies millions of dollars in damages. Conducting background checks prior to hiring employees will help to protect your organization from the potential of civil litigation. For instance, if they see you have many late payments or are otherwise irresponsible with money, they may see that as a liability. Additionally, criminal records can indicate a candidate may be prone to violence. Most employers run these checks to protect themselves from negligent hiring lawsuits if anything should happen.

However the most my company has waited has been 5 business days because of the ridiculous amount of criminal cases that were found on an applicant. Typically we get our basic background check report from BCS Background Screening within the same day. Federal criminal, county level criminal, former employment and education is normally completed by next day. Mind you that is if .edu or former employer is found in the clearinghouse exchange. The applicant must complete and sign a release form provided to you by your background screening company. The release must be submitted to the background screening company, prior to conducting any type of background investigation, where an employment decision will be made.

The FCRA also puts limits on the negative information a tenant screening report can include. A report cannot list civil suits, judgments, arrest records, paid tax liens, accounts in collection or most other negative information after 7 years, or bankruptcies after 10 years. However misdemeanor or felony criminal convictions that go on record and are accurate can stay on your background check indefinitely. If an employer takes “adverse action” against you by denying you a job based partly or completely on information in a background check report, the employer must give you notice of that fact. The adverse action notice must include the contact information for the background check company and an explanation of your rights to dispute the report. GoodHire is now available on ADP Marketplace to better serve HR teams who want the ability to easily launch GoodHire background checks within their ADP® workflow.

Do Temporary Service Employment Agencies Perform Background Checks?

According to the EEOC, employer background checks may not differ based upon a person’s race, national origin, color, sex, religion, disability, genetic information or age. Employers also may not exclude individuals with criminal records from consideration if doing so would disproportionately impact individuals in a protected class and the exclusion was not job related or consistent with business necessity. However, the EEOC echoes a number of state and local laws by recommending that employers remove this question on job applications.

Jaye advises against using any background check report that is older than 30 days for hiring decisions. To avoid using outdated background checks, many companies choose to perform ongoing background screening on current employees. Typically, employers requesting an employment background screening on an applicant will request a seven-year history, although some states allow reporting information of up to 10 years. If in the state of California, a potential applicant would be offered a salary of at least $125,000.00, the CRA can go back as far as 10 years.

It is your obligation as an employer to maintain this information in your records for a minimum of five years. Employers have the discretion to hire the most qualified candidate. However, ban the box policies allow employers to expand the pool of potential candidates by focusing on qualifications, not the candidate’s past. There are a number of reasons why a company may choose to conduct employee background checks.