Run the check properly, or do not run it at all.
Background screening has more legal edges than any other part of hiring. This is what to check, what you are allowed to ask, and how to stay the right side of the FCRA.
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Fifteen chapters, start to finish.
Most screening mistakes are procedural, not malicious. Somebody skips the pre-adverse notice, or asks about something they should not. This walks the whole process in order.
Background Screening Overview
Provides an introduction to the importance of background checks in the hiring process, including the legal implications, best practices, and industry standards.
Why Conduct Background Checks?
Explores the importance of conducting background checks in the hiring process, including protecting the company's reputation, reducing legal risks, and ensuring the safety of employees and customers.
Developing a Background Screening Program
Provides step-by-step guidance on how to develop a comprehensive background screening program, including defining roles and responsibilities, selecting the right screening methods, and establishing policies and procedures.
Step-by-Step Process
Provides a detailed guide on how to conduct a thorough background check, from obtaining candidate consent to reviewing results and taking action, and includes tips for minimizing errors and delays in the process.
Fair Credit Reporting Act (FCRA)
Explains the legal requirements and obligations under the FCRA when conducting background checks, including the disclosure and authorization process, adverse action notices, and dispute resolution procedures.
Before Taking Adverse Action
Provides guidance on how to handle adverse findings in a background check, including the pre-adverse action notice, candidate rights to dispute, and considerations for making a final decision.
Verifications
Covers the types of verifications that can be conducted during a background check, such as employment, education, and reference checks, and provides tips on how to ensure accurate and efficient verification processes.
EEOC Guidance
Outlines the guidelines and best practices provided by the Equal Employment Opportunity Commission (EEOC) for conducting background checks in a fair and non-discriminatory manner, including using individualized assessments and considering the nature of the offense, its relevance to the job, and the time elapsed.
Business Necessity
Explains the concept of business necessity in the context of background checks, including the legal standards and practical considerations for determining whether a particular background check requirement is job-related and consistent with business necessity.
Compliance Recommendations
Provides practical recommendations and best practices for staying compliant with background check laws and regulations, including implementing an internal audit process, reviewing policies and procedures regularly, and staying up-to-date on legal developments.
Credit Checks
Covers the legal and practical considerations involved in conducting credit checks during the hiring process, including the requirements under the Fair Credit Reporting Act (FCRA), the potential impact on diversity and inclusion efforts, and alternatives to credit checks.
Federal Drug Testing Requirements
Explains the federal drug testing requirements that apply to certain industries and positions, including the types of drugs tested, the frequency of testing, and the consequences of non-compliance.
Motor Vehicle Records Check
Covers the legal and practical considerations involved in conducting motor vehicle records checks during the hiring process, including the requirements under the Fair Credit Reporting Act (FCRA), the relevance of the information to the job, and the potential liability for negligent hiring.
Workers’ Compensation History
Explains the legal and practical considerations involved in obtaining and using workers' compensation history in the hiring process, including the limitations on what can be asked and considered, and the potential liability for discrimination or retaliation.
Ten Background Check Templates
Provides ten customizable background check templates for various types of positions, such as entry-level, managerial, and healthcare positions, that employers can use as a starting point to develop their own background check policies and procedures.
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