How to Conduct Ethical Background Checks in 2023

What are Employee Background Checks?

Employee background checks are a crucial step in the hiring process for many companies. They are used to verify the information provided by job candidates and ensure that the individuals being hired are suitable for the position and pose no threat to the company or other employees.

Types of Background Checks

There are several types of background checks that companies can conduct, including criminal history checks, credit checks, and employment verification. Criminal history checks involve searching for any criminal records associated with the candidate, while credit checks can reveal financial issues or potential red flags. Employment verification involves contacting previous employers to confirm the candidate’s work history and job performance.

There are several different types of background checks that employers can conduct when evaluating job candidates. Some of the most common types include:

1. Criminal history checks: These searches involve checking for any criminal records associated with the candidate. This can include information from local, state, and federal databases and may include information on both felony and misdemeanor convictions.
2. Credit checks: These searches can reveal financial issues or potential red flags. Employers may use credit checks to assess an applicant’s financial responsibility or to see if they have a history of financial problems.
3. Employment verification: This type of check involves contacting previous employers to confirm the candidate’s work history and job performance. This can include verifying the dates of employment, job title, and job duties.
4. Education verification: This type of check verifies the educational qualifications of a candidate. This includes confirming the candidate has earned the degrees or certifications they claim to have.
5. Drug testing: Some employers may require pre-employment drug testing as part of their employee screening process.
6. Professional license verification: For certain positions, an employer may want to verify if the candidate holds any relevant professional licenses, such as a medical license or teaching certification.
7. Social media and online search: Many employers conduct a search of the candidate’s social media profiles and online presence to get a sense of their character and to see if there’s anything that may be disqualifying for the position

It’s worth noting that some types of background checks may be more appropriate for certain types of jobs or industries. For example, a criminal history check may be more important for a position that involves working with vulnerable populations, while a credit check may be more relevant for a financial position.

Why Should You Conduct Background Checks?

One of the main benefits of conducting employee background checks is that it can help prevent workplace violence and theft. It can also protect the company from potential legal liabilities. Additionally, they can also provide insight into a candidate’s qualifications and work ethic, helping to ensure that the company hires the best-suited candidate for the position.

However, there are some potential downsides to employee background checks. One concern is that the information obtained may not be accurate or up to date. Additionally, some people may view background checks as an invasion of privacy.

How to Conduct a Background Check Ethically

To ethically conduct employee screenings, an employer should obtain written consent from the job candidate before conducting the background check. This way the candidate is aware that an inspection will be conducted and can provide their consent for the process to take place.

Another important aspect to consider is to limit the scope of the background check to information that is relevant to the job for which the candidate is applying. For example, if the job doesn’t require a driver’s license, there’s no need to check the candidate’s driving records. This ensures that the vetting process is not overly intrusive and respects the candidate’s privacy.

It’s crucial for employers to comply with all federal, state, and local laws regarding background checks, including the Fair Credit Reporting Act (FCRA) to ensure the process is legal. Employers should also provide a copy of the background check report to the candidate and give them an opportunity to dispute any inaccuracies. This ensures that the candidate is aware of the information that was obtained during the background check and has the opportunity to correct any errors.

Employers should keep all background check information confidential and secure to protect the candidate’s privacy. This includes not sharing the information with third parties unless it is necessary for the hiring process or required by law.

Avoiding discrimination based on protected characteristics such as race, national origin, gender, or age is another important aspect to consider when conducting a background check. This means that employers should not use background check information to discriminate against candidates on the basis of these characteristics.

It’s important to train managers and other decision-makers on how to appropriately use this personal information in the hiring process. They should know how to use the information in a fair and non-discriminatory manner and to make hiring decisions that are based on the candidate’s qualifications for the job.

Finally, being transparent with the candidates about the type of audits you will be conducting and what it will cover is crucial. This way the candidates can be aware of what to expect and can provide their consent accordingly.

It’s also important to note that different state laws and regulations may have different requirements for background checks and it’s crucial for employers to be aware of and abide by these laws in order to conduct a background check in an ethical manner.

Equal Employment Opportunity Community Commission Guidelines

The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex, national origin, age, disability, or genetic information. The EEOC also provides guidelines for employers on how to conduct background checks in a way that complies with federal anti-discrimination laws.

To ensure that background checks are conducted fairly and legally, companies should follow these guidelines set forth by the EEOC. This includes informing job candidates that a background check will be conducted and obtaining their written consent. It’s also important to ensure that any negative information obtained during a background check is directly related to the job and is not used to discriminate against certain individuals.

According to the EEOC, employers should ensure that their background check practices are job-related and consistent with business necessity. This means that the information obtained during a background check should be directly related to the job and necessary for the employer to make an informed hiring decision.

The EEOC also recommends that employers take the following steps:

• Provide notice to job applicants that a background check will be conducted and obtain their written consent.
• Keep all information obtained during a background check confidential and separate from the job application.
• Ensure that any negative information obtained during a background check is directly related to the job and is not used to discriminate against certain individuals.
• Consider the nature of the job, the duration of the employment, and the nature and severity of the offense when evaluating any criminal history information.
• Provide a copy of the background check report to the job applicant and give them an opportunity to dispute any inaccuracies.
• Train managers and supervisors on how to use background check information in a non-discriminatory manner.

It’s worth noting that some states and municipalities have their own background check laws and regulations that employers must comply with as well, which may be more strict than the federal guidelines. Employers should be aware of and comply with any additional laws and regulations that apply to them.

What are Some Red Flags to Look Out For?

There are several red flags that may be found in a background check, which may indicate that an individual may not be suitable for a particular job. Some examples include:

• Criminal history: Felony or serious misdemeanor convictions, especially those related to the job for which the individual is applying, can be a red flag. For example, a conviction for embezzlement would be a red flag for a job in finance.
• Credit history: A poor credit history can be a red flag for jobs that involve handling financial information or making financial decisions.
• Employment history: Gaps in employment or a history of being terminated from previous jobs can be a red flag. This may indicate that the individual has difficulty maintaining stable employment or has a history of poor performance.
• Education and professional licenses: Inaccuracies or discrepancies in education or professional licenses can be a red flag. This may indicate that the individual is not being truthful about their qualifications or has a history of fraud.
• Drug abuse: A history of drug abuse, either recent or in the past, can be a red flag for certain jobs, particularly those that require employees to operate heavy machinery or work in safety-sensitive positions.
• Violence: A history of violence, either recent or in the past, can be a red flag for certain jobs, particularly those that require employees to interact with the public, such as security or customer service.

Remember that not all red flags automatically disqualify an individual from a job, but they may be considered as part of the hiring process and may require further investigation. Employers should also consider the context of the information and the specific requirements of the job when evaluating red flags in a background check.

What Makes a Clean Record?

A clean background check is one that does not reveal any negative or disqualifying information about an individual. This can include criminal history, credit history, or other information that may be relevant to the job for which the individual is applying. The specific criteria for what is considered “clean” will vary depending on the employer and the type of job.

For example, a job that requires handling sensitive information or working with vulnerable populations might have more strict background check requirements than a job that does not have those requirements. A background check that does not reveal any criminal history or financial issues would be considered “clean” for those types of jobs.

In general, a clean background check typically means that the individual has no felony or serious misdemeanor convictions, no outstanding warrants, and no history of drug abuse or violence. For some jobs, a clean record might also include a credit check and verification of employment history, education, or professional licenses.

It’s important to note that a background check can reveal information that is not necessarily negative but that may be relevant to the job, such as a previous termination from a job or a history of poor attendance. These types of information may not prevent an individual from being hired, but it would be considered during the hiring process.

Background Checks

Employee background checks can be a valuable tool for companies to use during the hiring process. By conducting background checks, companies can ensure that they are hiring individuals who are suitable for the position and pose no threat to the company or other employees. However, it’s important to conduct background checks fairly and legally to avoid any potential legal liabilities.