Hiring new employees can be both promising and risky. As a business owner, you probably focus on finding the best person to help your company grow. However, it is just as important to reduce the risks of bringing in someone new.
Background checks are useful tools to learn about a candidate’s history. But be careful, as using them incorrectly can lead to legal problems.
Always remember the principle of fairness
Here is a breakdown of essential do’s when doing background checks:
- Get written consent before conducting a background check.
- Provide a clear disclosure about the background check process.
- Use a reputable third-party agency to conduct checks.
- Consider the relevance of criminal records to the job position.
- Allow candidates to explain any discrepancies or negative findings.
- Keep background check information confidential and secure.
Employers must follow specific guidelines when conducting background checks. It is essential to comply with these federal and state laws.
Avoid discriminatory practices in any transaction
There are also actions you must refrain from doing during background checks, such as:
- Discriminate based on protected characteristics (race, gender, religion, etc.).
- Use arrest records that did not result in convictions.
- Consider expunged or sealed records.
- Make hiring decisions based solely on credit history (with some exceptions).
- Violate ban-the-box laws by asking about criminal history too early in the process.
- Fail to provide proper adverse action notices if denying employment.
It is essential to balance thorough vetting with respect for candidates’ privacy rights. You may want to focus on specific areas like education verification, professional certifications and past employment history.
For legal protection and compliance, consult an experienced employment law attorney. They can guide you through the intricacies of background checks and help you develop a safe and effective hiring process.
