HR Basics: Background Checks | Summary and Q&A

TL;DR

Background checks are essential for employers to ensure due diligence, avoid liability, and protect employees and customers.

Key Insights

• 👂 Background checks help employers avoid liability for negligent hiring and make sound hiring decisions.
• ❓ Legal guidelines, such as Title 7 of the Civil Rights Act, protect applicants and employees from discrimination.
• 😷 Ban the Box laws prohibit employers from asking about criminal history until a conditional offer of employment has been made.
• 😒 Employers should use third-party vendors for background checks to ensure compliance with the Fair Credit Reporting Act.
• 🪈 The EEOC discourages considering arrest records due to racial disparities and biases.
• ❓ Individualized assessments are necessary when considering the relevancy of criminal convictions in hiring decisions.
• 🧑‍⚕️ Giving second chances to workers with criminal histories can address labor shortages and reduce recidivism.

Transcript

HR basics is a series of short courses designed to highlight what you need to know about a particular human resource management topic in today's HR basics we explore background checks introducing you to what employers and employees need to know about employment related background checks a background check or background investigation is the process ... Read More

Questions & Answers

Q: Why should employers perform background checks?

Background checks help employers avoid liability for negligent hiring, verify claims made by jobseekers, and flag criminal convictions that may affect hiring decisions. They also protect the welfare and safety of employees and customers.

Q: What legal considerations should employers keep in mind while conducting background checks?

Employers must comply with laws that protect applicants and employees from discrimination. They should be aware of state-level guidelines and understand how the Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC) enforce background check regulations.

Q: What is the Fair Credit Reporting Act (FCRA)?

The FCRA governs the acquisition and use of background information for employment purposes. It requires employers to provide notices, obtain written permission, and follow specific procedures when taking adverse employment actions based on background information.

Q: How should employers assess the relevancy of criminal convictions in hiring decisions?

Employers should consider the nature and gravity of the offense, the time passed since the offense, and the nature of the job held or sought. They should also make individualized assessments, taking into account factors like rehabilitation efforts and surrounding circumstances.

Summary & Key Takeaways

• Background checks are a process of gathering and compiling an individual's criminal record, motor vehicle violations, and education/work history.

• Proper background checks help in making sound hiring decisions, ensuring due diligence, and protecting employers from potential risks.

• Employers should consider legal guidelines, avoid discriminatory practices, and use background information fairly and equitably.