Employers can be held liable for facts that are known or should have been known concerning an employee's character or criminal history. Thorough background screening can help mitigate liability exposure from claims of negligent hiring practices.
1. Are the background checks you're conducting appropriate for the candidates you're screening?
Beware one-size-fits-all solutions. The scope and depth of your background checks should be driven not only by the jobs you're hiring for, but by industry and the risk exposure the roles represent to your organization.
2. Are you complying with federal, state, and local legal requirements?
It's important to stay on top of the evolving employment law landscape. Companies can quickly rack up hefty fines and penalties for violating federal statutory requirements, state laws, and local ordinances governing employment screening practices.
3. Does your background screening program fully integrate with your applicant tracking system?
Seamlessly integrating background checks with your ATS means increased efficiencies and cost-savings for you and an improved user experience for your job candidates.
4. Did you know that the greatest legal compliance risks come at the bookends of your background screening process?
Incorporating properly written disclosure and authorization forms, including evergreen language authorizing background screening to recheck current employees, into your process is a crucially important first step. Don't forget that the disclosures must also be separate from the employment application form. It's also important to be sure to follow a pre-decision, multi-step adverse action process when screening results disqualify candidates.
5. Are you getting the most out of your program by rechecking after you hire?
When re-running background checks on hired employees, be sure to include National Criminal Records Search (NCRS) database queries, state driving records, sex offender registry, current county, OIG/GSA searches and professional license validation and monitoring.
This information is not legal advice, either expressed or implied. Orange Tree recommends you seek the advice of your corporate legal counsel for all aspects of employment law.
