Procedures employers must consider
- Identifying the class or categories of jobs requiring background checks and the corresponding types (e.g., criminal records, motor vehicle records, credit history information, etc.). Taking measures to ensure consistent background check standards by the class and categories of jobs.
- Determining whether initial screening will be sufficient or whether periodic or recurring background checks will be required for some positions (e.g., executives, officers, etc.). Evaluating whether current employees in the same positions without proper screening will be required to submit to background checks.
- Developing FCRA-compliant authorization and disclosure forms, "adverse action" letters and document destruction policies.
- Training recruiters and HR staff in the proper use of these and related materials (e.g., interview guidelines). Training managers and supervisors to ensure they are familiar with the particulars of the compliance program.
- Reviewing the company employment application to ensure that it lawfully elicits information to cross-check against the employment background check report, and clearly states that falsification or discrepancies, whether material or not, will result in disciplinary action up to and including termination of employment. Reviewing all other pre-employment/pre-hire paperwork to ensure coordination with the employment background check process.
- Safeguarding private information, such as social security numbers.
Laws & Compliance
An employer need not perform exactly the same investigation on every applicant, provided that any differentiation is based upon legitimate business needs and an investigation policy reasonably calculated to further those needs.
For instance, an employer may wish to more thoroughly process in-depth background checks of prospective employees who have applied for positions involving confidential information such as financial data, trade secrets, or other sensitive material.
Likewise, an employer may reasonably desire to conduct extra investigation of persons who may have access to corporate or customer funds or to other valuable property.
An employer also may legitimately determine that applicants for managerial, supervisory, or policymaking positions will undergo a more rigorous background investigation due to their anticipated value to the employer and the increased potential for damage arising from their wrongful conduct. However, an employer must avoid any disparate treatment that may break any equal employment opportunity laws.