{"id":2216,"date":"2015-03-11T09:33:22","date_gmt":"2015-03-11T13:33:22","guid":{"rendered":"http:\/\/gtm.com\/business\/?p=2216"},"modified":"2024-08-30T11:28:57","modified_gmt":"2024-08-30T15:28:57","slug":"background-check-best-practices","status":"publish","type":"post","link":"https:\/\/gtm.com\/business\/background-check-best-practices\/","title":{"rendered":"Background Check Best Practices"},"content":{"rendered":"

Employers have become well-attuned to the importance of selecting job candidates that are qualified and will fit well with the organization\u2019s culture.\u00a0 Prior to extending an offer of employment to a viable candidate, background check best practices are to use\u00a0a variety of methods to assess skills, verify professional experience, and to check in with a candidate\u2019s references.<\/p>\n

Some employers opt to use a third-party consumer reporting services to assist with reference checking and securing consumer reports, such as criminal background checks, education verification checks, and motor vehicle reports.\u00a0 This practice is compliant with the Fair Credit Reporting Act (FCRA) as long as the employer discloses to the applicant, in writing, that the report may be obtained for employment-related purposes. Such a disclosure must be made on a consent form that is separate from the employment application.\u00a0 Once the applicant\u2019s consent is obtained in writing, the employer may obtain this report. Should an organization opt to disqualify a candidate based on the results of a consumer report, the employer is required to follow an \u201cadverse action procedure,\u201d which includes sending the candidate a pre-adverse action notice, a copy of the consumer report, a final adverse action notice and a summary of rights under the FCRA.<\/p>\n

The EEOC has established guidance for employers<\/a> with respect to the use of criminal history information.\u00a0 The guidance disallows employers from basing hiring decisions on an applicant\u2019s arrest record; rather, the conviction record is the only criteria that may be used in this regard. The EEOC further requires that all background checks be \u201cjob-related\u201d and \u201cconsistent with business necessity.\u201d For example, it is reasonable for a financial sector employer to conduct a credit history check on a job candidate. There are generally three factors that an employer may take into consideration when determining if the criminal conviction meets this burden:<\/p>\n