Best Practices For Creating A Compliant And Effective Background Check Policy
To protect their customers, clients, and employees, many organizations conduct background checks on prospects.
While pre-employment background checks are an important part of most firms' recruiting processes, it's also important to have a policy in place and to evaluate and update it on a regular basis as regulations change.
Did you know that 96 percent of employers undertake at least one type of background check on potential employees?
.jpeg)
A well-written pre-employment background check policy can assist you in ensuring that your background check procedure is consistent, thorough, and in compliance with all applicable regulations. To avoid potential liability, businesses must develop fair background check policies.
We've prepared this guide regarding background check policies and best practices based on our experience conducting background checks for organizations.
Let's get started.
What is the definition of a background check policy?
A background check policy establishes standards for how a company's screening process should proceed while researching an individual's background.
To appear more suited for the various positions or goals that they are seeking, some applicants conceal background information or embellish their accomplishments.
A thorough background check can reveal important information about applicants' backgrounds, allowing companies to make educated decisions while hiring or providing a financial service like loans, credit cards etc.
In the hiring process, employers who neglect to do background checks risk being held liable for negligent hiring if they recruit unqualified staff.
Employers and human resources professionals can use a good background check policy to set the techniques used during background checks, ensuring that pre-employment screening is both legal and successful.
Do you, however, have the authority to conduct a background check? For that, you would need the applicant or individual to officially agree to the background screening process or sign a background check consent form.
What is a background check consent form used during screening?
A background check consent form can be used for a variety of purposes. For example, an employer may have a compelling motive for employing a candidate, or he may just want the background check to confirm his decision to hire one applicant over another.
Before renting an apartment, a person who intends to rent it out can do a background check on potential tenants. The background check might reveal information about the applicant's finances, employment history, and educational background, as well as look for any criminal activities.
When conducting background checks, you must adhere to federal regulations. You must first obtain the person's permission via a background check authorization form before proceeding with any background checks.
What are the Benefits of Having a Background Check Policy?
It is critical to have a well-written background check policy for the following reasons:
1) Procedures and guidelines that are clear and consistent
A background check policy can give organizations standardized procedures and clear instructions for conducting screenings.
2) Ensure that the laws are followed
When conducting background checks and relying on the information revealed to make strategic decisions, background check rules can assist companies in ensuring compliance with all applicable federal and state regulations.
3) Provide a method for conducting role-based background checks.
A solid background screening strategy can help organizations ensure that applicants for positions with more responsibilities receive more detailed pre-employment checks, while those applying for entry-level jobs receive comprehensive generic pre-employment checks.
4) Procedures for reference and background checks that are consistent
Finally, a background check policy provides uniform methods for human resources specialists to follow when conducting reference and background checks for candidates, as well as ongoing background checks for current workers.
What is covered by a background check policy?
Several sections will be included in a thorough background check policy, as outlined below.
Goals and Objectives
In your background check policy, include a statement of purpose that explains the reasons for conducting employment background checks, such as obtaining critical background information about candidates, ensuring that you make the best hiring decisions possible, verifying the claims made by applicants to ensure they are true, and screening candidates with disqualifying criminal convictions.
Scope of the Policy
Employers should also add a statement explaining the policy's scope and who will be subjected to background checks.
Pre-employment screening policies, for example, should apply to all applicants who go through a company's recruiting process. It could also apply to current employees who are looking for promotions or transfers.
What Might a Background Check Entail?
Employers should also give a list of several sorts of background check reports that could be used in pre-employment screenings.
It should then state that the specific types of background check reports may differ based on the occupations for which the business is recruiting. Finally, it should specify what a standard background check entail.
The types of background checks that may be conducted should adhere to rules prohibiting employers from conducting certain types of background checks. When it comes to employment background checks, the policy should specify when they can be done.
Background Check Policy Example
Below is a template for a general background check policy. However, you should consult with legal counsel before adopting your background check programme to ensure that it complies with federal, state, and local laws.
Template for a Background Check Policy
Any job offer from an organization is contingent on a successful pre-employment background check. All candidates for available positions and workers applying for promotions should be subjected to thorough background checks.
The following information should be included in an effective background check:
- Verification of Social Security Number: Confirms that an applicant's Social Security number is his or hers, as well as his or her prior addresses and birth date.
- Verification of employment: Checks the applicant's previous employers, dates of employment, and positions held.
- Verification of education: Verifies the applicant's claimed educational accomplishments, including the institutions attended, dates of attendance, and any diplomas, certificates, or degrees acquired.
- Criminal history: Determines whether an applicant has ever been convicted of a misdemeanor or crime.
- Reference and Background Checks: Make phone calls to any references provided by the applicant.
The following supplementary background reports may be required for some positions, if applicable:
- Checks on driving records will be conducted for positions that involve driving.
- Credit history: Only used when required by law and for jobs in industries that require credit checks, such as financial services
4 Best Practices for Background Check Policies
We've outlined four background check policy industry standards below to help you make sure you're following best practices while performing background checks.
1) Follow a Blanket Policy: Background check policies should be developed and implemented across the board, especially for executives. You must decide whether you want to screen prospective recruits only, current employees alone, or both. More businesses are conducting routine employment background checks on current employees to ensure that they are aware of any concerns that may occur after they are employed.
All prospective employees should be subjected to background checks once a conditional offer of employment is made, and existing employees should be subjected to post-hire screenings at regular intervals.
This ensures that applicants and workers are treated equally and consistently.
A company-wide background check policy should be tailored to each position. For example, based on the unique tasks of the position for which a candidate is being assessed, employers can select alternative background check packages.
2) Policy Implemented Consistently: Pre-employment background checks must be conducted in a consistent manner. If only some applicants or employees are subjected to background checks, the company may face discrimination litigation.
Establish policies for the types of background checks you'll perform on applicants at various levels of employment. Make sure that all applicants who are being considered for positions at the same level go through the same procedure. Applicants for similar positions should be subjected to the same background checks.
You should also ensure that your criminal background check policy and how convictions affect recruiting decisions are applied consistently. Make sure to examine criminal convictions on an individual basis, as they are directly related to the job's needs.
Consider the type of job the applicant is applying for as well as the nature of the conviction. Examine the amount of time that has passed since the petitioner was convicted. Before making a final choice, not to hire the candidate, give him or her the opportunity to supply additional information.
3) Employment Background Check Policy Meets Legal Requirements: All applicable local, state, and federal laws must be followed while implementing your background check policy. Information about the timing of background checks should also be included in the policy. Under federal law, employers are permitted to conduct employment background checks at any time after obtaining the candidates' consent.
State and local governments, on the other hand, frequently restrict doing background checks until after an interview or a contingent offer has been made.
Even if your state or locality does not restrict it, it's still a good idea to limit background checks to finalists. This lowers the expense of conducting background checks.
Before you can conduct background checks, you must first seek written authorization from your applicants. If you decide not to hire an applicant based on the findings of a background check report, you must follow certain legal procedures before reaching a final hiring decision.
If you want to conduct routine background checks on existing employees at regular intervals, you should include a notice informing them that they will be subject to periodic screenings throughout their employment and obtain their written approval.
4) The Background Check Policy is Reviewed and Updated on a Regular Basis: Pre-employment background check laws are always changing. As a result, it's critical that you examine your company's pre-employment screening policy on a regular basis and amend it as needed to reflect changes.
As your company's demands change, your policy should be updated as well.
Conclusion: When conducting employment background checks, having a consistent employment background check policy will assist you guarantee that you are following all applicable regulations.
.jpg)
