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Conducting an employee background check ensures that job candidates are who they claim to be, but the checks must be done carefully and legally. — Getty Images/MangoStar_Studio

Finding a job candidate with the right combination of skills, interests and values takes fourth dimension and patience. Even when you think you've institute the perfect person, you can't be certain they are who they claim to be — unless y'all run a groundwork check. Resumes are non e'er completely truthful, so it's wise to go a step further and verify the information your candidate has provided nearly themselves.

According to the Social club for Human being Resource Management, 69% of organizations behave criminal background checks on their job candidates. If you want to get an accurate, complete picture of your potential employee, here'due south how to comport a legally compliant employee background check.

[Read: 3 Things Y'all Need to Know Almost Hiring in 2019. ]

What does a groundwork check include?

Before you conduct an employee background cheque, you'll want to sympathize what information you might uncover. Hiring site Indeed says a typical background bank check may include the post-obit, depending on the position:

  • Criminal records.
  • Credit history.
  • Employment history.
  • Work dominance.
  • Teaching history.
  • Driving records.
  • Medical records (restrictions apply).

It'due south also important to note the information you won't have access to in a background check. The Fair Credit Reporting Deed (FCRA) states that an employer must obtain the applicant's consent to admission consumer reports, school records or military machine service records. While you tin can access certain criminal records, they must be contempo (no older than vii years old), unless the job position's bacon is over $75,000. Some states enforce further regulations across the FCRA.

Familiarize yourself with any laws governing the apply of employment background checks, including all applicable federal, state and local regulations.

The do's and don'ts of background checks

To assistance you guide you through your employee groundwork check procedure, we outlined some criteria based on the federal guidelines ready forth past the Equal Employment Opportunity Commission (EEOC).

Do:

  • Exist consistent. Brand sure you follow the same process and comply with the aforementioned background check policies for each applicant, regardless of age, sexual practice, gender, race, ethnicity, religion, family status, inability and other protected classes.
  • Proceed with circumspection when making hiring decisions virtually protected class individuals. The EEOC prohibits employment discrimination based on the higher up-listed characteristics, so if you have to make an adverse hiring decision, be sure you can back it upwards with a legitimate business reason that cannot exist construed as discriminatory or disadvantageous to a particular demographic group.
  • Follow the constabulary. Familiarize yourself with whatever laws governing the use of employment background checks, including all applicative federal, state and local regulations.

Don't:

  • Phrase your questions in means that could get you in trouble. Don't ask whatsoever questions that might encourage a candidate to reveal personal information that falls under the EEOC'southward protected characteristics. For instance, y'all can't ask someone outright how old they are, but you can inquire how many years they've been in the workforce.
  • Neglect advice virtually background check results. Should you discover any issues in a background check that crusade you to deny someone employment, the FCRA requires you lot to inform the candidate and give them a chance to explain themselves. You must besides provide them with any data uncovered during the groundwork check process that impacted your decision.
  • Don't enquire about criminal history on the awarding. An increasing number of states now have "Ban the Box" laws. These laws prohibit employers from asking virtually a candidate's criminal convictions during the application process. While there is no such federal constabulary, fugitive questions about a person's criminal tape until after a background bank check has been conducted makes it far less likely that you will unfairly exclude a bedevilled candidate from consideration up front.

[See more on understanding employee background checks.]

Background checks might seem intimidating, but when conducted responsibly, they tin can relieve your business from potential employment issues downward the road. If you follow these all-time practices, you shouldn't run into any issues or liabilities, or experience any apropos pushback from either the law or the candidate being reviewed.

CO— does not review or recommend products or services. For more data on choosing the best background check services, visit our friends at business.com.

CO— aims to bring you inspiration from leading respected experts. All the same, before making any concern decision, you should consult a professional who can advise you based on your individual state of affairs.

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Published July 18, 2019