Background checks are a common practice by employers to help ensure the people they hire are qualified for the position they are applying for, as well as a good fit within the culture of their organization. However, within the last few years the idea of running a background check has become more complicated. Employers have been forced to re-examine their procedures in an effort to remain compliant with the various laws as well as watchdog agencies such as the Equal Employment Opportunity Commission (EEOC).
No longer may an employer simply disqualify an applicant strictly based on a criminal history. They must take additional steps and provide an individualized assessment to determine whether the criminal history is relevant to the position that is getting filled. An individualized assessment includes:
• Nature of job sought
• Nature and gravity of the offense
• Time elapsed since conviction
• Fact and circumstances surrounding conviction
• Number of prior convictions
• Age of applicant at time of conviction
If an individual is being disqualified for a job because of their criminal history, the employer should be prepared to demonstrate the correlation between the conviction and the position in question. They also should provide the individual an opportunity to respond to the decision and offer an explanation.
All companies and organizations should review their policies and procedures regarding their hiring process in order to maintain compliancy. The personnel managing this process should be trained on all best practices.
IntelliCorp does offer extensive training for our clients. As experts in the background screening industry we are here to offer any advice or assistance our clients.
Refer to our legislation page to keep up to date on all recent legislation that affects our industry.
Here is a link to an article on the subject:
ADVISER: Follow Best Practices for Background Checks