The Legal and Ethical Implications of Employment Background Screening

Background screening on employees is an integral component of many companies' hiring procedures. The process is used to confirm the information provided by job applicants and ensure they qualify for their chosen roles.

How to Conduct a Background Screening Ethically

Employers should obtain written permission from job candidates before conducting background screening. Hence, they know that an employee background check will occur and can consent accordingly.

An important key is limiting your background screening to only information relevant to the position you're applying for. For instance, if the job doesn't require driving privileges, then unnecessary information regarding their driving record needn't be checked, making the vetting process less intrusive while respecting candidate privacy.

Employers seeking to conduct legal background investigations must abide by federal, state and local regulations, including the Fair Credit Reporting Act. A copy should also be given to candidates so they may contest any inaccuracies during an investigation process, thus allowing candidates a fuller understanding of any information uncovered during background investigations and an opportunity to correct any discrepancies they find during them.

Previous employers should safeguard the privacy of candidates by keeping all background screening solution data strictly confidential. In particular, employers must not share it with third parties except as may be legally mandated or as required during the pre-employment background check process of candidates.

An important consideration when hiring is preventing discrimination based on protected characteristics like race or national origin, so employers shouldn't use background screening information as an avenue for such practices.

Managers and other decision-makers must be educated about utilizing personal information during the hiring process, treating it without bias and making hiring decisions based on candidates' qualifications alone.

Being upfront with candidates about any audits you intend to conduct and their scope allows them to know exactly what to expect and provide their consent accordingly. Employers wishing to conduct background screening ethically must understand and abide by state-specific laws when conducting background screening.

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Equal Employment Opportunity Community Commission Guidelines

The Equal Employment Opportunity Commission is a federal agency that enforces laws against discrimination based on race, color, religion, sex, national origin, age, disability, genetic information or any genetic characteristics. They offer employers guidelines on conducting background screening in compliance with anti-discrimination legislation.

Companies should abide by EEOC guidelines when conducting background investigations to ensure fair and legal results. Inform job candidates of your background investigation before seeking written consent; additionally, any unfavorable information found should only be used against relevant positions instead of for discriminatory purposes.

According to the Equal Employment Opportunity Commission (EEOC), employers should take great care when conducting background searches related to their positions and business needs. Information acquired during background investigations must be pertinent and essential in making an informed hiring decision.

EEOC advises employers to implement these additional actions:

• Inform job applicants of your background screening policies and plans and secure their consent in writing.
• Keep all information gleaned during a background investigation confidential and safe from disclosure.
• Make sure that any information obtained during a background investigation directly pertains to an employment position and doesn't serve as justification for discriminatory treatment of specific people.
• Consideration must be given when analyzing criminal records of potential candidates; consider factors like the nature of the position held, length of employment period and severity and nature of the crime committed.
• Provide each applicant with a copy and allow them the chance to contest any errors that arise.
• Managers and supervisors should receive training on utilizing background screening data in a nondiscriminatory fashion.

Employers should be mindful that some states and municipalities may impose more stringent background screening regulations and laws than federal guidelines, so employers must remain apprised of any laws or regulations that apply directly.

What Is A Clean Record?

A "clean" background screening record does not reveal negative information that would disqualify someone for employment, such as criminal records or credit histories that disqualify applicants from consideration for specific jobs or employers. What defines "clean" depends upon their employer and role.

Jobs that involve handling sensitive data or working with vulnerable populations often have more stringent background screening requirements, and any background screening record that does not reveal criminal charges or financial problems is considered "clean."

An individual with a clean background record typically has no criminal convictions, serious misdemeanor charges, outstanding warrants, and no criminal history of violence or drug use. Aside from criminal records checks, other options for verifying identity include credit checks, verifications of education credentials, professional licenses, and employment histories.

Pre-employment screening may uncover information that, while not necessarily damaging to an applicant's job prospects, could still be relevant in terms of employment considerations. For instance, a prior termination or poor attendance history could prove relevant in certain instances, such details would likely not preclude their selection during the hiring process but would still need to be assessed when considering backgrounds of applicants.

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The Key Takeaway

Background screening on potential employees can be an essential tool used by companies during the hiring process, helping to ensure individuals hired meet all qualifications for the role while not becoming threats to either company or employee welfare. Background screening should always be conducted ethically and legally to limit legal liabilities.

It is difficult for employers to check background records of potential hires, and it has proven to be risky and unsafe to hire applicants without checking their background records. Therefore, it is recommended to hire a professional background screening services provider like NBS.

The experts at national background screening service can not only assist in what types of background screening products are necessary as per your business requirements, but they will provide the background reports of your applicants within a turnaround time of 1 day, so you need not wait for long to complete your hiring procedure.

Contact us now via email on - sales@nationalbackgroundscreeningservice.com or give us a call at - (800) 610-5590. One of our expert professionals will be happy to assist you in your hiring processes and keeping your business safe.

2023-09-05 13:56:34

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