By Christina Santillo, SHRM-CP, Senior Human Resources Consultant
Conducting criminal background checks is an essential part of the pre-employment process, and knowing how to properly conduct them is just as important. Here are some best practices to ensure your background checks are effective, compliant, and fair.
Understand the Legal Landscape
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FCRA Compliance:
If you run your background checks through a third-party provider, the process must comply with the Fair Credit Reporting Act (FCRA). This federal law sets strict regulations around pre-employment criminal background checks. It’s vital to adhere to these guidelines. -
Anti-Discrimination Laws:
Whenever an employer uses someone’s background information to make an employment decision, the employer must comply with federal laws that protect applicants and employees from discrimination based on various characteristics such as race, color, religion, national origin, age, sex, disability status, veteran status, etc. -
State and Local Laws:
In addition to federal requirements, be aware of state and local laws that may impose additional requirements or restrictions on background screening. For example, some state and local laws impose restrictions on how an employer may use certain conviction records when making employment decisions. Others restrict employers from conducting criminal background checks until after a conditional offer of employment has been made and accepted.
Choose a Reputable Vendor
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Vendor Selection:
With hundreds of vendors available, it’s important to select one that meets all legal standards and provides accurate, up-to-date information. Not all vendors are equal, so do your research and choose a reputable partner.
Apply Consistent Screening Criteria
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Avoiding Discrimination:
As an employer, you must apply the same screening criteria to all candidates to avoid discrimination. Consistency in your process helps protect your organization and ensures fairness. -
Proper Training:
Ensure that the employee responsible for running background checks is properly trained. This training should cover not only the technical aspects of the process but also the legal and ethical considerations.
Maintain Confidentiality
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Secure Handling of Information:
Once you obtain a background check, it’s crucial to keep the information confidential. Access should be limited to appropriate personnel, such as the hiring manager and HR, to protect candidates’ privacy.
Background checks can significantly minimize risk for your organization—but only if they’re conducted properly. Following these best practices will help ensure that your screening process is both legally compliant and effective.
If you are an employer with questions about the proper procedure or need assistance finding a reputable vendor, please contact the HR helpline at 855-873-0374.
The information provided on this website is for informational purposes only and not for the purpose of providing legal advice. Use of and access to this website does not create an attorney-client relationship between Keystone’s Risk Management Division or our employment attorney and the user or browser.
