The Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC) have co-authored two documents dealing with the use of background checks in the workplace. The two documents are Background Checks: What Employers Need to Know & Background Checks: What Job Applicants and Employees Should Know.
As the titles suggest, one document is tailored for employers and one document is for job applicants and employees. In Background Checks: What Employers Need to Know, the EEOC has outlined the steps that employers should follow to remain compliant with all federal and state anti-discrimination laws. Maintaining a background check program can be a complicated process and it is imperative for employers to know their obligations.
In Background Checks: What Job Applicants and Employees Should Know, the FTC has described to the employee or applicant what their rights are in the background check process and what an employer should be doing to remain compliant. The document also provides information on how to report discrimination.
These two documents highlight the level of scrutiny that both the FTC and EEOC place on the use of background checks in the hiring process. Not only is it vitally important that an employer find an applicant that fits their needs, but they must be sure to treat that applicant and all others, correctly in the eyes of the law. It’s a complex issue where employers must know their obligations and also be sure to partner with the right background check provider for their needs.
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Here is a link to a story on the subject:
EEOC, FTC Provide Tips on Use of Employment Background Checks