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STATE OR FEDERAL LAWS REGARDING BACKGROUND CHECKS
Recruiting & Staffing
STATE OR FEDERAL LAWS REGARDING BACKGROUND CHECKS
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Are there any laws regarding background checks?.We are aware of EEOC ruling about criminal background checks and do not hold it against them unless they are dishonest on their application. We do cred
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Forums » Topic Forums » Recruiting & Staffing » STATE OR FEDERAL LAWS REGARDING BACKGROUND CHECKS
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STATE OR FEDERAL LAWS REGARDING BACKGROUND CHECKS
posted at 5/2/2013 9:50 AM EDT
on Workforce Management
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Posts: 23
First: 2/21/2012 Last: 5/2/2013 |
Are there any laws regarding background checks?.We are aware of EEOC ruling about criminal background checks and do not hold it against them unless they are dishonest on their application. We do credit checks only on senior management posistions. Our normal practice is to do background checks on all employees post offer and pre employment. Is this legal or should it be only post employment. We are a manufacturing company in IL. Q2. We do Everify on our new hires as we are a fedeal contractor. Is this something that is required to be included in the handbook?
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Re: STATE OR FEDERAL LAWS REGARDING BACKGROUND CHECKS
posted at 5/2/2013 4:41 PM EDT
on Workforce Management
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Posts: 222
First: 9/29/2011 Last: 5/15/2013 |
Making the offer contingent upon successfully completing background checks is a very good way to go. You do need to comply with the Fair Credit Report Act which requires that your candidates sign a release acknowledging and authorizing such checks (I know that Act says "fair credit" and not " criminal convictions history", but it's been held by courts that the FCRA applies to any checks conducted by a third party including criminal background checks). You should not do the checks post-employment. You may run into some nasty legal stuff if you do and may also take an unemployment insurance rate hit as well. I shouldn't imagine that you would need to note that you do Everify in your employee handbook unless, for some reason, you continue to check Everify on the employees after they're hired. Even then I'm not sure you would need to mention it. |
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Re: STATE OR FEDERAL LAWS REGARDING BACKGROUND CHECKS
posted at 5/3/2013 12:42 PM EDT
on Workforce Management
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Posts: 20
First: 2/6/2012 Last: 5/3/2013 |
Hi: In IL you may conduct a criminal background check at any time during the employment process---either pre or post conditional offer-----there are certain benefits/downsides to each approach. Waiting until after employment begins to conduct such checks is misguided and raises a host of legal issues, including negligent hiring. As for the FCRA, its language states (among other things) that it applies to any information provided by a consumer reporting agency bearing on the credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living, which is to be used as a factor in employment decisions. Hence, procuring a criminal background check via a third party requires compliance with the FCRA, including having written authorization to conduct the check, as well as providing various forms of notice when the employer will use the information (at least in part) to deny employment. Finally, with respect to the EEOC's position, I would recommend review of the agency's guidance that was released on April 25, 2012, paying close attention to the new individualized assessment requirement. Dave Arnold, Ph.D., J.D. |
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