Potential employers use employment background checks to verify the information on a candidate’s resume. Employers want to know that their prospective employees are truthful and trustworthy and that they have a clean record. If they find out that a prospective employee has a history of dishonesty or false information, they may not want to hire them.
Employers run background checks to verify a prospective hire’s past
Professionals like Checkr can help employers do background checks to determine whether prospective employees are a good fit for a position. However, employers must follow specific guidelines when conducting the reviews. For instance, federal law does not allow employers to include arrest records older than seven years. Conviction records, on the other hand, have no time limits. In addition, employers must notify applicants when they decide not to hire them based on the results of a consumer report. Some employers prefer to conduct checks, which can prolong the process. Employers can verify a prospective hire’s past employers through reference checks. However, this method may also cause bureaucratic problems and long turnaround times. Employers should also research the FCRA and applicable state laws before deciding which form to use. A background check can protect a company’s assets and reduce the risk of theft, fraud, and workplace violence. However, some local laws may limit the use of criminal records. Nevertheless, these checks help employers make better hiring decisions and protect their interests. Before conducting a background check, an employer must obtain the candidate’s consent. Failure to comply with this requirement may expose employers to legal liability. Furthermore, refusal to approve a background check may result in dismissal from consideration.
They violate EEOC guidelines
In a recent update to its Enforcement Guidance, the Equal Employment Opportunity Commission has stated that a criminal history check may violate the Title VII federal civil rights law. The EEOC cites statistics about disproportionate conviction rates for minority groups and numerous recent court decisions interpreting Title VII. The EEOC also says employers should not discriminate against people based on race, sex, or national origin.
The EEOC also warns against summarily screening out applicants with a criminal history. These practices may violate EEOC guidelines if carried out on a large scale. The agency has repeatedly emphasized the importance of assessing the crime history of applicants based on objective factors, not just conviction records. The EEOC also issued a press release and a questions-and-answers document in response to the ruling. While the EEOC is unlikely to rely on Guidance to bring a suit, it may still challenge criminal background checks based on the adverse impact theory.
They reveal protected information
Employment background checks reveal information about an applicant’s past, including social media posts. This can help employers determine if a candidate is a good fit for the job. If an applicant posts about politics or religion, the employer might decide against hiring them. While federal law does not prohibit employers from disclosing these details, most employers tread lightly in their disclosures. This is because most employers don’t want to comment publicly on the character of a former employee.
