Employee Background Checks:
As a business owner, it is important to understand the resources at your disposal to hire the right candidates for your business. Background checks help business owners narrow down the
candidate pool to the most worthy individuals.
What is a background check?
A background check is an evaluation method that employers use to determine the validity of the information a job candidate provides them in their application. It also helps determine any potential red flags with a candidate before further consideration for a job position.
Why do employers conduct background checks?
Employers conduct background checks to ensure that they choose the best candidates to contribute to their business. They also need to make sure that to protect their business from individuals who have a tendency to commit fraudulent or reckless behavior in the workplace.
Information a background check shows
Here are several factors a background check shows according to backgroundchecks.com and ShareAble:
Social security verification
By verifying the validity of a candidate’s social security number, you determine if they are being truthful about their identity and whether they have the right to work in the country. You may access social security records through the Department of Homeland Security or the Social Security Administration.
Criminal record
Employers may need to research evidence of a criminal record to make sure the candidates have not previously participated in fraudulent activities or currently have warrants out for their arrest. Drug testing
Drug testing may be a necessary component of a background check to prevent a lack of productivity in the workplace and increased employee turnover rates.
Credit check
A credit check allows you to verify trivial information about a candidate, such as their name, address and contact details. Credit checks may also allow you to determine how responsible they are with money. This is important especially if they apply for a position in finance or a role that requires money-handling.
Employment history
Background checks also consist of verifying one’s employment history. Something as simple as an internet search can confirm or deny the validity of a company and a candidate’s qualifications. Motor vehicle record
If a candidate will be expected to drive a vehicle as a part of their job, it may be necessary to review motor vehicle records to check for bad driving habits, speeding tickets or DUIs.
How to conduct a background check
Some businesses choose to outsource background checks to a professional service, but they can also conduct one themselves. Here is a guided list of steps to help you conduct a background check for a job candidate according to patriotsoftware.com:
1. Tell the candidate you will be conducting a background check
To remain in compliance with the Fair Credit Reporting Act (FCRA) you need to make sure to send an email to each candidate outlining the areas you will be checking for. Also provide an attached document for them to sign electronically that confirms their consent to proceed with the background check.
2. Review state laws about background check regulations
Before you begin conducting a background check, be sure to check your state’s specific laws and regulations regarding what information employees can check for, and what information
constitutes dismissal for a candidate within your state. You usually find this information on your state’s department of public safety website.
3. Contact candidate references
Make sure to ask candidates for two to three references to verify their qualifications for the job at hand. Email each reference to set up a phone call to discuss the candidate further. Prepare a list of questions to ask to confirm or deny their skill sets and work ethic. You may even decide to meet their references in person or via video chat to confirm their identity.
4. Use a background check website to review records
You may hire a professional background checking service to find evidence of criminal
backgrounds and other civil records, but you can also do the research yourself by enlisting the help on an online background check website. You may need to pay a fee to access public records.
5. Ask the candidate to take a drug test
If the job you offer requires employees to drive a commercial vehicle, care for children or work in a potentially dangerous environment, a drug test may be necessary to determine the safety of your other employees and customers. Send candidates to a doctor’s office for a drug test or have a certified professional collect a sample during appointments in the office.
6. Review the results to determine a candidate’s validity
After you gain access to background check documents, review them to determine if your candidate is worthy to work at your company. If you don’t feel comfortable based on the information you uncovered, proceed with other candidates who may better represent your company.
Frequently asked questions about background checks
How long does it take to get a pre-employment background check?
check and criminal background check. For this reason, it could take between 48 hours and five days to receive results.
What causes a red flag on a background check?
Here are some examples of potential red flags according to everifile.com: • Consistent gaps in employment could point to an inability to keep a job • Previous criminal history that a candidate didn’t tell you about directly
• Lack of evidence that they attended a college or university despite listing it on their resume
• Discrepancies in previous employment history
What is considered a clean background check?
Medical examinations
Medical examinations are used to determine if a person can safely and adequately perform a specific job. Medical exams may also be part of a procedure for maintaining comprehensive
employee health and safety plans. In some limited circumstances, medical exams may be used for evaluating employee requests for reasonable accommodation for disabilities.
The Americans with Disabilities Act outlines when and in what manner medical exams can be used in employment-related situations. For additional information on the ADA, see Chapter 2 of the Guide, the
EEOC Technical Assistance Manual on the Employment Provisions of the Americans with Disabilities Act, the EEOC ADA Enforcement Guidance: Preemployment Disability - Related Questions and Medical Examinations, and the EEOC Uniform Guidelines on Employee Selection Procedures. Some major points regarding medical exams are described below.
™ Administering medical exams to job applicants or asking questions related to disability prior to making a job offer is prohibited.
™ Once you make a job offer to an applicant, you may require a medical exam, as long as you require the exam of all persons entering the same job category. You may require a medical exam even if it bears no relevance to job performance. However, if you refuse to hire based on the results of the medical exam, the reasons for refusing to hire must be founded on issues of job-relevance and business necessity. In addition, you must demonstrate that no reasonable accommodation was available or possible without imposing undue hardship on your business.
™ A medical exam may disqualify an individual who is deemed to be a direct threat to the health and safety of self or others. The EEOC has provided an explanation of what constitutes a direct threat. When an individual is rejected as a direct threat to health and safety,
— the employer must be prepared to show a significant current risk of substantial harm (not a speculative or remote risk)
— the specific risk must be identified
— consideration of the risk must be based on objective medical or other factual evidence regarding the particular individual
— even if a genuine significant risk of substantial harm exists, the employer must consider whether it can be eliminated or reduced below the level of a direct threat by reasonable accommodation.
™ Stricter rules apply for medical exams or inquiries of current employees. Unlike the rules for applicants, these exams or inquiries must be justified based on job relevance and business necessity. The need for a medical exam may arise as a result of some problems with job performance or safety caused by a medical condition or it may be mandated by federal law for certain job categories.4
employee health program. However, the ADA imposes limitations on the use of this information. Medical records of all applicants and employees must be kept separate from all other personnel information.
If your organization uses medical information to make personnel decisions, you should develop a written policy on medical testing to ensure compliance with relevant federal, state, and local laws. For additional information on the ADA, see the EEOC Technical Assistance Manual on the Employment
Provisions of the Americans with Disabilities Act, and the EEOC ADA Enforcement Guidance: Preemployment Disability - Related Questions and Medical Examinations.
Drug and alcohol tests
An employer may prohibit the use of alcohol and illegal drugs at the workplace and may require that employees not be under the influence of either while on the job. Some commonly reported negative work behaviors and outcomes associated with alcohol and drug abuse are industrial accidents, work-related injuries, excessive absenteeism or tardiness, and workplace violence.
Current use, possession, or distribution of illicit drugs does not qualify as a “disability” under the ADA. You may prohibit the use of such drugs at the workplace, and you may administer drug tests to
applicants and employees alike. You may deny employment to an applicant and discipline or discharge an employee currently engaged in illegal drug use. However, you may not discriminate against a former drug addict who has successfully undergone rehabilitation and does not currently use illicit drugs.
If your organization is in the public sector, federal courts have generally upheld the use of random drug tests only when applied to safety-sensitive positions. This federal restriction does not apply if you are a private employer. However, state or local laws and collective bargaining agreements pertaining to drug testing may impose restrictions on your drug testing policy.
Some legal medications or even some foods can produce a positive reading on a drug screening test for an individual who, in fact, has not used illegal drugs. To minimize such errors, it is advisable to have a formal appeals process, and also provisions for retesting with a more sensitive drug test when
necessary.
Under the ADA, a test for the illegal use of drugs is not considered a medical exam, but a test for alcohol use is. Therefore, you must follow the ADA rules on medical exams in deciding whether and when to administer an alcohol test to applicants or employees.
Alcoholism may qualify as a disability under the ADA, and hence an individual with this condition may be extended protection. However, organizations may discipline individuals who violate conduct or performance standards that are related to the job. Organizations also may discharge, or deny
If your organization uses drug or alcohol tests to make personnel decisions, you should develop a written policy governing such a program to ensure compliance with all relevant federal, state, and local laws. Most states require written consent of employees and applicants before drug or alcohol tests can be administered. Consult the ADA, the EEOC Technical Assistance Manual on the Employment
Provisions of the Americans with Disabilities Act, the EEOC ADA Enforcement Guidance: Preemployment Disability - Related Questions and Medical Examinations, and the EEOC Uniform Guidelines on Employee Selection Procedures, as well as your state and local laws when
developing a drug or alcohol testing program.
