Types of Background Checks

Your company should be familiar with the different types of background checks. You should know what to expect and be able to make timely decisions based on accurate information. There are several different types:

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• Criminal Record Check: Federal, state, and county criminal checks will reveal any felony or misdemeanor convictions as well as current court cases. Depending on your provider, any dismissed charges within the last seven years can be included. A variety of crimes could be revealed. It is the employer’s responsibility to determine whether an applicant would pose a dangerous threat to customers or other employees.
• Civil Court Checks: These checks can reveal non-criminal charges such as lawsuits, claims or judgements against the applicant. They could include small claims, restraining orders, bankruptcies, and violations of civil rights. These checks are especially important for potential employees who may have management jobs.
• Credit Checks: A credit report for employment purposes should provide an applicant’s full credit history, including payment history, debt judgements, tax liens, bankruptcies, open accounts in collections and recent credit inquiries. A review of the applicant’s credit history is often required for some jobs where handling money and financial transactions are part of the employee’s responsibilities.
• DMV Check: A motor vehicle report (MVR) allows an employer to see an applicant’s valid license and driving history, including any violations such as DUI or license suspensions. This report is crucial for company’s hiring drivers or for positions that require use of a company vehicle.
• Drug Screening: A drug test can reveal recent use of prescription or illegal drugs. Drug screening is an important part of providing a safe and constructive work environment.
• Employment Verification: An applicant’s previous employment history and work experience can help in determining whether a candidate meets your company’s requirements and if any past awards or achievements are valid.
• Education Verification: An applicant’s school history, including attendance, diplomas, majors, degrees, or certificates are reported. Any inaccuracies or false claims on a resume will be revealed through this process.
• Healthcare Sanctions Checks: An OIG (Office of the Inspector General accesses nationwide records contained in The United States Department of Health and Human Services Office of the Inspector General Sanction database) and healthcare sanctions check reveals any penalties, suspensions, or disciplinary actions for an applicant. The check can help to avoid being out of compliance with federal regulations.
• International Background Checks: These checks reveal international criminal activity, educational credentials, and employment history. This is important when recruiting applicants from other nations or for applicants who have lived, worked, or gone to school in a foreign country.

Have a Consistent Background Check Policy in Place

A background check policy creates documentation of the screening program and can be used throughout the organization. It should include three elements:

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• Types of background checks. Although the process should be consistent for each part of your organization, it’s important to modify the screening process by position. For example, employees who handle or manage money should have their credit history checked. Likewise, the DMV should be consulted if an employee is being hired to drive.
• Background checks will determine employment decisions. The background check process should indicate the variety of information to be gathered on a potential employee. If confronted with a negative check for criminal activity, it’s important to understand the nature of the crime and the time since it was committed. Obviously, a candidate who has a record for embezzlement should not be allowed to manage money, but that same candidate could be placed in a different position if their qualifications allow it as long as they have done their due diligence in paying for their crime.
• When background checks will be made. Determine the process for actual screening. Federal laws allow for background checks at any point in an employer’s process, but any organization should check with local and state laws as well.

An employer’s background check policy should be made completely transparent to any applicants to avoid unfair treatment or possible lawsuits.

Policy Should be Compliant with Federal, State and Local Laws

Employers are responsible for the legality of any background check policy they use. If out of compliance, an employer could face fines, settlements, or lawsuits.

Be aware of these four potential violations:

• Consent Forms: The federal Fair Credit Reporting Act (FCRA) requires employers to inform applicants in writing that background checks are part of the hiring process. This disclosure should be open and transparent as a single, stand-alone document.
• Adverse Action: According to the FCRA, employers should follow a three-step adverse action process if they are about to take a negative action as the result of a background check. Employers are required to send a pre-adverse action notice with a copy of the background report and a Summary of Rights form. They should also allow a reasonable number of days (usually five business days) for an applicant to respond before sending the adverse action notice.
• Ban-the-box: Rules regarding ban-the-box can vary from state to state, but generally require that a background check happen after the first interview or conditional offer of employment. In California, employers cannot inquire into an applicant’s criminal history before making a conditional employment offer. Ban-the-box laws may also affect the adverse action policy.
• Title VII: The EEOC (Equal Employment Opportunity Commission) enforces Title VII of the Civil Rights Act of 1964. The act makes it against the law for an employer to discriminate based on race, color, religion, sex, or national origin. Background screening policies can sometimes lead to adverse action toward a protected group, especially some minority groups that tend to have criminal records at a higher rate than others. For example, incarceration rates for Blacks are more than five times higher than Whites.

Choice of Background Check Companies is Important

Choose a background check service that fits your hiring process and screening policies. The best provider understands your hiring volume, business size, budget, number of outlet locations, size of Human Resources team and in-house legal officers. Features to be considered:

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• Compliance: Exceed FCRA rules and the risk of unfair hiring lawsuits because of ban-the-box laws, local regulations, or other risks.
• Built-in Adverse Action Workflows: Avoid problems with integrated and localized adverse action workflows that provide notification when a pre-adverse or final adverse action notice should be sent.
• Flexible Packages: Over-screening candidates can waste time so choose a service that provides the correct level of background check for your industry, work type and location.
• Good Experience for Applicants: Use of mobile-friendly workflows and digital consent forms can streamline the background check process. You should provide total transparency for your applicants by allowing them to log-In to see their status and reports from any device.
• Integrations: Avoid manual workflows with effective integration to your management system.

Allow Candidates to Correct Any Errors on Their Records

The FCRA provides various rights to job applicants. Applicants should be notified any time a background check is conducted because they must provide written permission for such a check. Applicants have the right to review any background check information and file a dispute if they believe inaccuracies are present.

Decision Time Ultimately, background checks are essential when making the final decision to hire. Employers should weigh all the information before making the decision to bring on a new employee. Disclaimer These guidelines are for informational purposes only and should not be considered legal advice. When dealing with background checks an employer should always consult with their own legal counsel to make sure they are in full compliance with any applicable laws and regulations.