Background Screening Trends Employers Need to Know

Job postings, consent forms, and candidate communications can all affect how employers manage their background screening processes. In DISA Global Solutions’ recent webinar, “End Users – Background Screening Trends You Need to Know,” Chad Ascar, Director of Compliance Integration, encouraged employers to check whether their everyday practices still match their written policies.

Review What Your Job Postings Say

To begin, Ascar called his listeners’ attention to state and local pay transparency requirements, which can require employers to include salary ranges and (in some jurisdictions) benefits information in job advertisements. The posted ranges, he emphasized, should reflect a realistic pay range.

He also cautioned against blanket exclusions such as “we do not hire convicted felons.” Fair chance laws can restrict when employers ask about criminal history. Ascar urged employers to evaluate their applicants’ relevant criminal records in context, including the offense, time elapsed, and responsibilities of the position.

Check Your Screening Forms in Practice

Employers should also regularly review their disclosure and authorization forms, even when they have been in use for years. Under the Fair Credit Reporting Act, employers must provide a clear, conspicuous, standalone disclosure and obtain written authorization when requesting a criminal background check on their candidates.

Ascar recommended keeping unrelated information out of the disclosure and checking forms both onscreen and in print. Separate screens can turn confusing if all that information is printed in one document.  

In the process, according to Ascar, employers should also review any applicable state requirements, identify the entity requesting the report, and confirm whether the candidate’s notice and authorization for a background check covers any planned screening during employment.

Follow Marijuana Developments Without Assuming Requirements Have Changed

Federal marijuana rescheduling was another focus for Ascar: His advice was to monitor all federal marijuana-litigation developments while continuing to follow current applicable testing requirements.

Give Adverse Action the Time and Attention It Requires

When a background report raises concerns, employers need a consistent process before making a final employment decision. Ascar emphasized the distinct processes that go into considering an adverse decision and communicating that the decision has already been made.

Before taking adverse action based on a consumer report, employers should provide both the candidate with the report relied upon and the Summary of Your Rights Under the FCRA. They should then allow the candidate a reasonable opportunity to review and respond, accounting for any additional state or local requirements. If the employer proceeds, they should then provide the required final adverse action notice.

To this end, according to Ascar, employers should train their hiring managers to avoid premature rejection messages, and check that their automated applicant tracking systems support this process. An automatic “ineligible” status or an informal phone call can undermine the candidate’s opportunity to respond (and therefore open up the organization to legal action).

Audit the Process From Beginning to End

Ascar’s closing recommendation was for employers to review examples of their own candidates who were hired and those who were not. He recommended comparing job postings, forms, and decision communications against company procedures.

This self-audit, per Ascar, can help employers uncover “process drift,” where shortcuts or exceptions gradually become routine. His recommendation was to review policies at least annually, assign clear responsibilities, and confirm that employees across locations follow the same approved procedures, with adjustments for applicable laws.

How DISA Can Help

DISA helps employers build screening programs around their workforce, industry, and hiring needs. With configurable background screening services, applicant tracking system integrations, and drug and alcohol testing support, DISA gives teams tools to manage screening more consistently. Connect with DISA to discuss your program and the operational gaps your next review should address.