A general background check includes identity verification, employment verification, credit history, driving records, criminal records, and qualifications confirmation. However, this depends on the type of background check you would like done. To perform a background check you'll need to get the full name, social security number, and date of birth of the employee. You will also need the employee's permission for credit reports, school transcripts, and military records. Background checks are governed by the Fair Credit Reporting Act FCRA , but you should know that there are an array of other laws that affect them, depending on state and region.
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Companies are not required to perform them by law. Checks should be applied to all employees consistently and fairly. You'll need written permission if you want to hire an outside company to investigate, want to do a credit report, want access to school transcripts, or want access to detailed military records. If you have made a reasonable request, and the employee denies permission, you can legally take the candidate out of consideration for the position.
How to Do Employee Background Checks
For more information, see our guide to background checks. The typical time, according to several popular background check services , is days to verify social security numbers and addresses, check national and county criminal records, and the U. It may be advisable in cases where you're after very basic info, or if the background check is not likely to make a big impact on your hiring decision.
Basically, if you feel like a cursory glance at information on social media and Google search is good, maybe this is your best choice.
The problem with this method is that it's hard to be percent sure you got the right person and that the information you're seeing is totally accurate. It's also possible you'll see information that you should not legally be using in your consideration for a hire. Also, you can spend the time you would have used doing a background check on things that you're an expert at, while the experts handle the background checking.
Ready to do your own reference check? Here are some reference check questions to help. You may also want to use an employment verification letter. There are three main categories of restrictions employers should consider when screening criminal and credit history:. All of these laws work together to form a patchwork of statutes, ordinances, and guidance that can be a challenge to navigate. A number of discrimination laws administered by the U.
Equal Employment Opportunity Commission EEOC restrict employers from putting screening processes in place during the hiring process that have a discriminatory impact on protected groups.
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In , the EEOC issued guidance that explains how employers can defend against claims of discrimination by showing that the screening policy is job related and is consistent with business needs:. States also have similar discrimination laws. In many cases, the state law requirements mirror the federal requirements.
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If part of your screening process includes obtaining a consumer or investigative report on an applicant, the federal FCRA and state law equivalents will likely apply. Most background checks acquired from a third-party vendor to screen applicants during the hiring process will be consumer reports under the FCRA.
Investigative reports involve a report based on personal interviews about the employee. The FCRA lays out steps employers must take before obtaining a background check on applicants and employees:. States also have laws that provide for specific notice, consent and disclosure requirements like the FCRA.
What's Legal in an Employee Background Check?
Some states, such as Illinois, Maryland, Nevada, and Oregon severely limit using credit history in the hiring process, unless an exception applies. In other states, such as California, Minnesota and Oklahoma, employers are required to provide an authorization form that contains a box the applicant can check to request a copy of the consumer report, and if checked, the applicant must receive a copy of the consumer report. Ban-the-box legislation has been a trend for the past five years or so, and the movement came out of a campaign to provide workers with criminal histories access to jobs by removing conviction history questions on the job application.
While the requirements across these jurisdictions are different, there are some common themes even though not all of these themes typically appear in the same laws :. There are numbers of best practices that employers can use to help get organized when it comes to background screening:.
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These include:. State of Florida background screening requirements notwithstanding, the FCRA requires an employer to:. Under the FCRA, an employer who runs a background check is legally obligated to insure that the information is accurate and up to date.
Discrimination Laws Limit Background Screening to Be Job Related and Consistent with Business Needs
An applicant has the right to dispute the contents of a background report, which requires that the reporting agency conduct an investigation. Should the report be proven inaccurate, both the applicant and the employer must be informed. If the employer or its background check service provider fails to follow these requirements, the applicant may have a claim under the FCRA.
Not necessarily. The Equal Employment Opportunity Commission EEOC provides guidelines on how and when employers may automatically disqualify applicants if their records suggest that they would pose an unreasonable risk. They are required to consider:.
California Supreme Court Upholds Background Check Compliance Requirements
In addition, an employer should provide an applicant with a chance to explain any mitigating circumstances. If a company performed a background check on you as part of the pre-employment process in Florida in the last 5 years, an experienced employment attorney can help you determine if the employer complied with federal rules during that process.
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