Hiring the right employees is a smart investment for your business. As a result, background checks and reference checks are conducted in order to determine if a candidate is suitable for the company. When a company has a recruiting process, its only goal is to find a good employee who will remain with the organization for a long time and will bring important values to the company.
Unfortunately, some new hires turn out to be bad hires. This bad hiring causes the company to lose a lot of money, time, and other resources.
Background screening can be used for a variety of purposes, including maintaining workplace safety, limiting exposure to liabilities and legal expenses, confirming information provided by candidates and employees, and ensuring position fit. While these benefits may provide a credible case for performing employment background checks, the legal environment in this area is continuously changing, which means that unsuspecting businesses may quickly find themselves in a minefield of difficulty. To traverse that legal minefield effectively, you must guarantee that your employment-screening procedures result in decisions that are ultimately based on credentials and job fit.
Fortunately, improving your employment screening procedure does not necessarily require major adjustments. Here are six essential measures to help you build the framework for a fair, consistent, and successful background screening program.
If you’re in charge of hiring and aren’t familiar with pre-employment background checks, don’t miss this article. In this article, we will discuss the 6 Steps for Employers to Setup an Effective Background Screening Program.
Here are 6 Steps for Employers to Setup an Effective Background Screening Program:
STEP 1: Create a written policy for background screening.
Certain key details regarding your organization’s background screening procedure should be included in your written background screening policy. By putting your policy in writing, you can guarantee that it will be followed consistently throughout your business. It will also help to prevent future private lawsuits and governmental enforcement measures by creating a fair and open procedure for candidates and employees. At an absolute minimum, your policy should include the following topics:
- What kind of background checks will you perform and for whom?
- how you will use the information in making hiring choices
- When do you conduct background screening?
You should not create blanket standards that prohibit hiring candidates with any form of criminal or disciplinary background.
STEP 2: Verify that your policy is legal.
After you have prepared your background screening policy, you must ensure that it is compliant with the law. A mixture of federal, state, and local regulations governs background screening for hiring objectives. Failure to follow through with any or all of them, if applicable, may lead to a nightmare of expensive fines or lawsuits, private or governmental litigation, and expensive settlements.
Without diving too far into the details, there are four basic compliance mistakes to avoid:
Failure to Provide Written Notice and Get Written Authorization:
Employers are obliged under the Fair Credit Reporting Act (FCRA) to just provide written notice of a background check for employment purposes, but they are not obliged to get written authorization. It must be obvious and noticeable, and most importantly, it must be presented in a separate document. The written permission form is the applicant’s or employee’s acknowledgement that the employer will do and is authorized to conduct a background check. An employee’s signature is required.
There should be no unnecessary information in the notice or authorization, such as liability releases pertaining to the recruiting process, background screening outcomes, or employment decisions. Despite their apparent simplicity, the legal provisions for compliance disclosure and permission have led to many class action lawsuits and federal judicial decisions.
Failure to adhere to the Multi-Step Pre-Adverse and adverse action process:
In addition to the foregoing, the FCRA requires employers to follow a multi-step procedure for providing additional notices to employees or applicants when they plan to make an adverse employment decision based on the outcomes of a background check.
Failure to Consider Ban-the-Box and Fair Chance Laws:
Ban-the-Box and fair chance laws are springing up all over the country, and they come in a number of forms. Most, however, require employers to wait until after a tentative offer of employment is made before running a background check or asking about criminal history, and Employers generally need additional considerations before making employment decisions based on a background check.
Failure to Consider Anti-Discrimination Laws:
Employers must guarantee that the background screening procedure is used consistently and fairly in all cases. It is unlawful to perform a background check on an applicant or employee solely on the basis of their colour, gender, nationality, religion, language, or disability.
STEP 3: Consider collaborating with a reputable background screening firm.
A background screening company may be able to assist you with the logistics of the background screening procedure as well as compliance issues. Many of them, for example, will have built-in pre-adverse and adverse action process workflows, along with other factors. These may relieve a lot of the burden on your employees, allowing them to concentrate on other things. The trick, though, is to choose the appropriate one.
Most significantly, a certified background screening service can provide you with more assurance that the outcomes of a background check are legally compliant and reliable. Employers are, of course, accountable for any employment-related compliance paperwork and platforms provided by your selected background screening business.
Integritas is one of India’s most reputable background verification companies. We employ unique technologies and stringent procedures to send BGV results to you as quickly as possible. Feel free to contact us if you need your employees, suppliers, business partners, loan applicants, or even yourself or your profile checked.
STEP 4: Perform Individualized Assessments and Allow for Mistake Clarification
According to the Equal Employment Opportunity Commission’s (EEOC) rules, you must assess whether the outcomes of a background check are directly relevant to the job in question – in other words, if they will truly impact the applicant’s or employee’s performance on the job. This is generally brought up when there is a criminal or regulatory history.
The EEOC’s guidelines state that you should consider individualised evidence, such as the details and circumstances surrounding the offence or conduct; the age at the time of the offence or conduct; the performance of similar work, post offence or conduct, with no known cases of criminal or disciplinary conduct; rehabilitation attempts; and employment or character references, when determining whether such history will restrict someone from employment. The aim is to assess if there is a direct connection between the background screening outcomes and the job responsibilities in question.
In addition to the EEOC’s instructions, you must provide applicants and employees with a chance to reject or explain any unsatisfactory information before reaching a final employment decision under the FCRA’s multi-step procedure mentioned above.
STEP 5:Consider All of Your Possible choices Before Making a decision
You are now in a better position to make a decision that is both legally compliant and thoroughly informed. This ought to make it possible for you to guarantee the high quality of your hiring decisions and reduce the risks associated with such decisions.
STEP 6: Carry out Process Self-Assessments on an Annual Basis.
Carry out Process Self-Assessments on an Annual Basis is the last step of the 6 steps for employers to setup an effective background screening program. You need to make sure that your program of background checks is subjected to an annual audit. The majority of employers do not comply with these criteria or just forget to do so, which ultimately results in their missing out on an important opportunity to determine whether or not the program is successfully meeting their employment decision and risk mitigation requirements. An annual audit may also assist you to remain up to date on the constantly changing rules at the federal, state, and local levels that relate to this particular subject.
What Should You Do Now?
As we already discussed 6 Steps for Employers to Setup an Effective Background Screening Program. You should now go through your procedure for doing background checks in order to guarantee that it has all of the essential qualities outlined above. You should also consider contacting legal counsel for help in examining your process to verify that it is legally compliant and fits your recruiting goals. Given the complexity and ever-changing nature of the regulations at play, this is something you should seriously consider doing. Integritas is one of India’s most reputable background verification companies. We employ unique technologies and stringent procedures to send BGV results to you as quickly as possible. Feel free to contact us if you need your employees, suppliers, business partners, loan applicants, or even yourself or your profile checked.
We hope now you clearly understand the 6 Steps for Employers to Setup an Effective Background Screening Program. if you still think background verification is a very difficult task for you, Integritas is one of India’s most reputable background verification companies. We employ unique technologies and stringent procedures to send BGV results to you as quickly as possible. Feel free to contact us if you need your employees, suppliers, business partners, loan applicants, or even yourself or your profile checked.