Let’s start the New Year right by taking a look at your employee background screening process. Many of you have been doing background checks on prospective employees. Kudos to you!

But are you well-versed in the laws that deal with background checks? Federal laws that state those things that employers can and cannot do? These laws can be complex and promise dire consequences if they are broken. We’re talking about the Equal Opportunity Employment Commission (EEOC), the Federal Trade Commission (FTC), and the Fair Credit Reporting Act (FCRA).

A Background Check Should Include:

• Criminal records (state, county, and federal)
• Credit history
• Employment history
• Work authorization
• Education history (high school, university, etc.)
• Social media profiles
• Driving record
• Drug test

The EEOC, FTC, and FCRA

Laws enforced by the Equal Employment Opportunity Commission (EEOC) protect against discrimination based on race, color, national origin, sex, religion, disability, genetic information (including family medical history), and age (40 or older). For instance, genetic information, including family medical history cannot be used to make an employment decision. Don’t even ask medical questions before a job offer is made and, after a person has started the job, medical questions should not be asked unless there’s evidence he or she cannot do the job or there may be a safety risk because of medical reasons.

The Federal Trade Commission (FTC) enforces the FCRA. With regard to credit or criminal background checks, the FCRA requires that you inform the applicant (in writing) that you might use the information for employment decisions. This must be separate from, and cannot be, in an employment application. You must also get the applicant’s written permission to do a background check. And if you plan to get background reports throughout a person’s employment, you must clearly say so.

These are just a few examples of laws that govern employee background screening. There’s a lot more to these laws than the little intro we’ve included here, e.g. how you use the information you receive and how and when you dispose of it. Adhering to these laws can seem very complex and confusing to anyone who is not an employee background screening professional.

Why Choose The Hire Authority for Employee Background Screening?

We are experienced professionals who keep abreast of all the laws governing employee background checks so that you do not risk breaking them and paying the consequences. At The Hire Authority we are thorough in our screening, which guarantees that you will receive information that is current and relevant. We care about your security and we will work to keep you safe from harm or unnecessary problems.

We’d be happy to talk to you about screening your employees. Call us at
(508) 230-5901 or visit our website www.hireauth.com with any questions you may have. Be safe, not sorry.

 The foregoing should not be construed as legal advice. Employers should always consult their own legal counsel for advice on labor and employment matters.