Employee screening online has become a key aspect of hiring for many organizations, helping them avoid hiring mistakes and streamline vetting. However, you have to conduct employee background checks ethically and in compliance with regulations.
Labor and privacy laws can be complex, so you should review your plans with your labor attorney before putting any policies in place. You may also want to consider partnering with employee background check services that are well-versed in the relevant laws and procedures.
Best Practices: Employee Screening Online
Here are some best practices that experts at employee background check services recommend all companies put in place.
Develop a Comprehensive Written Policy
You need a well-crafted written policy that documents your process, providing consistency and transparency in your screening practices. Your policy should outline:
- The types of checks conducted
- The process for obtaining candidate consent
- How screening results are used in decision-making
By articulating your screening procedures, you protect your organization from potential legal issues and provide candidates with a clear understanding of what to expect.
Obtain Informed Consent
Before initiating any background check, you must obtain written consent from the candidate. This goes beyond just a best practice; it's a legal requirement under the Fair Credit Reporting Act (FCRA). Ensure that your consent forms are clear and easy to understand. They should explain:
- The nature and scope of the background check
- How the information will be used
- The candidate's rights regarding the information obtained
Conducting employee screening online without proper consent can expose your organization to significant legal risks or lawsuits.
Comply with Applicable Laws and Regulations
The legal landscape surrounding employee screenings is complex and varies by location. You need to ensure you comply with the federal, state, and local laws that govern background checks.
For example, some states and cities have adopted what are called Ban the Box laws. These prohibit employers from asking about criminal history on an application and limit how criminal background checks can be conducted.
Given the complexity of these laws, you should consult with legal counsel to ensure your screening practices are compliant.
Conduct Comprehensive Checks
A thorough background check should cover all relevant aspects of a candidate's history. This may include:
- Criminal records (county, state, and national)
- Employment history verification
- Education and credential checks
- Reference checks
- Professional license verification
- Driving records (if relevant to the position)
- Credit history (for positions with financial responsibilities)
While national criminal database searches are often used, it's important to note that they may not be as comprehensive or up-to-date as local county searches. Consider using a combination of search types to ensure the most accurate and complete information.
Use Personal Assessments Judiciously
If a background check reveals concerning information, don't rush to judgment. Instead, conduct a personal assessment by:
- Informing the candidate of the results
- Providing an opportunity for explanation or context
- Considering the relevance of the information to the specific job role
This approach ensures fairness but also complies with legal requirements to allow candidates to dispute or explain negative findings.
Be Cautious with Social Media Screening
While social media can provide insights into a candidate's character, it also presents significant risks. Information from social profiles may reveal protected characteristics (such as race, religion, or sexual orientation) that cannot legally be considered in hiring decisions. If you choose to include social media in your screening process:
- Use a consistent approach for all candidates
- Focus only on job-relevant information
- Avoid making decisions based on protected characteristics
Document the rationale for any hiring decisions influenced by social media findings and get a legal review. Many companies have chosen to avoid using social media checks altogether to avoid potential legal challenges.
Ensure Accuracy and Fairness
Inaccurate background check results can have serious consequences for both candidates and employers. To promote fairness and accuracy:
- Use reputable background check providers
- Verify information from multiple sources when possible
- Allow candidates to review and dispute any negative findings
- Consider the context and relevance of any adverse information
Maintain Confidentiality
Treat information from employee background check services as confidential.
Establish strict protocols for accessing, storing, and disposing of sensitive candidate information. Limit access to screening results to only those directly involved in the hiring decision.
Regularly Review and Update Your Screening Process
The legal and technological landscape of background screening is constantly evolving. Regularly review and update your screening policies and practices to ensure ongoing compliance and effectiveness. You need to stay on top of any changes in legal requirements and ensure your employee screening online services are meeting your needs.
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