Why is the candidate's consent required to run a background check?
According to the Fair Credit Reporting Act (FCRA) § 604 – 15 U.S.C. § 1681b, employers are required to provide applicants with a separate written disclosure, which advises that a consumer report may be obtained for employment purposes. The document must consist solely of the disclosure as a stand-alone document. Additionally, the employer also must obtain the applicant’s written consent to order the background check.
Why are background checks important?
It’s important that employers maintain standards when making hiring decisions to keep their workplace safer while ensuring the quality of employee matches their requirements. If an applicant has anything to hide, they will most likely not want to apply to a position that requires a background check. When implementing employment screening procedures, such as a background check, employers will most likely see an improvement in the quality of the applicants that apply.
What type of background check do most employers use?
Not all background checks are the same and those quicker, cheaper screenings you come across online won’t offer the same in-depth research for an applicant. Most employers use comprehensive background checks, like DISA’s, to ensure accuracy and prevent any mix-ups with aliases.
If states overturn previous marijuana convictions, how does it impact background checks?
With the legalization of marijuana across many states, cities such as San Francisco have implemented conviction expunging policies (Proposition 64) which remove misdemeanors and non-violent charges related to marijuana. Policies like these aim to get previous convictions reduced or reclassified to lesser offenses, with some convictions being dismissed altogether. This means that charges that are expunged will not appear on background checks. Employers need to implement a comprehensive background check process that will navigate individual state and city regulations. When employers use cheaper instant background checks, information can be incorrect or outdated, which could lead to potential lawsuits or liability in the workplace.
In addition, employers should consider services, such as social security number validity, criminal history for federal, county, and state, employment verification, etc., to provide the most accurate and up-to-date information.