How to conduct background checks for employment purposes can be the most important decision a business owner will make. When it comes to trusting others with your livelihood and the business you have built, the most important decision you will make is in fact the people you hire.
You can only do so much as a business owner. As you grow the team you put in place will be the determining factor to your success. With all of that said the very first place to start once you have offered the position, is a background check. Before conducting the background check you must have signed consent from the applicant that states they understand a background check is required for this position. This is FCRA federal law and if not administered, can be enforced by the EEOC (equal employment opportunity commission), FTC (federal trade commission), CFPB (consumer financial protection bureau), and PRIVATE LAWYERS.
The FCRA (fair credit reporting act) governs more than just credit guidelines. It lays out the guidelines for how background checks are to be conducted when used for employment and other types of screening. These guidelines are the what the agencies above are enforcing and catching employers in violation of. Below is the statement regarding the authorization and disclosure procedure that must be adhered to:
“Provide a clear and conspicuous disclosure in writing to the applicant in a document that consists solely of the disclosure, stating that a consumer report may be obtained for employment purposes. This Disclosure must be in a separate document and cannot contain any additional information except for the consumer’s authorization.”
Many people ask, with all these guidelines how can I know which to use when conducting a background check. Only companies that go by the FCRA guidelines truly care about their clients. This means from the disclosure to the information reported back to the employer. The internet has opened up so many avenues that it can be hard to understand what is legal to do and what is not. You can be assured that when it comes to employment screening, many people have lost negligent hiring lawsuits because they thought a quick, $2 internet criminal search was compliant for employment screening. Those online sources are inaccurate and get people sued on a daily basis.
When placing your trust in a background screening company, you want to make sure they are reputable and stand behind their information. The guidelines placed in the FCRA are there to protect to the employers and applicants. When conducted properly companies can reduce liabilities and negligent hiring lawsuits regarding the application and background screening process.