Do You know how to use the information found in your employment background check report?
But when it comes time to actually USE the information you receive in your background check reports are you, like many employers, stymied?
Employers and Hiring managers often worry about running afoul of local, state, and federal employment laws. Even ever changing EEOC (Equal Employment Opportunity Commission) regulations cause angst.
The bottom line is ~ it doesn't have to be that way!
While we addressed how finding the right screening company solves some of these issues in Part 2 of this series, that does not mean that is where it ends.As an employer, you also need to take into account how these laws and regulations can impact your hiring policies and process.
This is where knowing exactly WHAT information contained in your background check report can legally be used when making your hiring decision is vital!
Before even considering making a new hire, you should work in conjunction with your background check provider to make sure your hiring policies are compliant. Avoiding and eliminating anything that could be considered discriminatory is key.
Any references in your job descriptions, help wanted postings, or anywhere within your hiring policies to age, sex, race, religious affiliation, sexual orientation, or anything else considered a "protected class" are taboo.
Your Background Check Report is the Key to Hiring Safely and Effectively! "Tweet This"
Your dedication to hiring fairly and in compliance is even more important when it comes time to use your background check to make your final hiring decision.
Your background check report should be treated like your best friend. It is there to give you the honest truth and to help you make hiring decisions that are best for you and your company.
That is why it makes sense to use the information contained in that report wisely.
At the very least you will want to cross-check the information in your report with what was supplied by your applicant.
Do dates and title of employment mesh? Was the degree stated in their resume actually earned?If you find that your applicant was honest about the information listed in their resume or application it can go a long way towards getting the employer / employee relationship off to the right start.
But it doesn't stop there.
The majority of employment screenings include criminal court record checks. And this is where you need to tread carefully.
If you find that one of your applicants has a prior criminal record, then there are definite guidelines you need to follow!
Only under specific circumstances, such as where an industry is prohibited by law from hiring an ex-offender, can you simply dismiss from consideration anyone with a criminal record.Instead, if your applicant has a criminal past, you need to first ask yourself the following:
- How recent was/were the conviction(s)?
- How is this record relevant to your open position?
You can find more details on these questions and about how you can safely use your employment background check results in "You Have Your Background Check Report, Now What?"!
But what do you do if you decide that what you learn may keep you from offering your candidate the job?
This is where you need to understand your applicant's rights. If adverse information found in your candidate's background check report may prevent them from being hired, you must:
- Notify the applicant, in writing, of your determination and provide them a copy of the Background Check Report.
- Give the applicant the opportunity to correct the information in the Background Check Report or for them to offer information to mitigate the report’s findings.
- Determine whether any additional information you receive from the applicant will reverse your initial decision to exclude the applicant from hire or promotion.
- Notify the applicant of your final determination.
Only after you have complied with these steps can you legally make your final hiring decision.
In addition, it is vital that you document this entire process! You need to keep detailed notes as to what decisions you made concerning the hiring of your applicant and when you made them. Good records will help protect your company in the event of litigation. You will find more information on safe hiring in "Tips to Help Your Business Fly Under the EEOC Radar".
Remember ~ Your background check report is there to help you. What you find there can help determine your applicant's honesty and decide whether they are qualified for the job. It is knowing in advance "What" you can legally do with the information in that report that makes all the difference!
Want to learn more about how Background Checks can help You and Your Business Succeed? Contact Us! API will work with you to develop a sound and compliant hiring program especially for your company!
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