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Employer requirements for criminal background checks

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However, some states have special rules on when and how you can inquire about this information. As a result, a number of states do not allow employers to use a checkbox on applications that ask candidates if they have a criminal record. The majority of employers choose to run an employment criminal background check. They should always be aware that laws are EEOC compliant. The most important thing to remember is to treat everyone equally throughout the hiring process.

Doing so would clearly be evidence of discrimination and that would be grounds for a lawsuit by the EEOC.

HR Basics: Background Checks

The lawsuit can come with heavy fines and expenses, not to mention the potential of a tarnished brand reputation. For example, employers should not use a policy or practice that excludes people with certain criminal records if the policy or practice significantly disadvantages individuals of a particular race, national origin, or another protected characteristic, and does not accurately predict who will be a responsible, reliable, or safe employee.


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There are many examples of EEOC lawsuits regarding discrimination based on criminal records. The switch required the new contractor to perform a criminal background screen on all existing employees who re-applied to continue working in their positions at BMW. And, it was regardless of how long ago the employee had been convicted or whether the conviction was for a misdemeanor or felony.

According to the EEOC , after the criminal background checks were performed, BMW learned that approximately incumbent workers at the facility, including employees who had worked there for several years, did not pass the screen.

Everything you need to know about pre-employment background checks | eFinancialCareers

Following an investigation, the EEOC filed suit alleging that blacks were disproportionately disqualified from employment as a result of the criminal conviction record guidelines. The result? BMW voluntarily changed its guidelines.

BMW offered employment opportunities to the discharged workers in the suit. Criminal Pre-Employment Background Check Services Our company provides criminal background check solutions to help you uncover relevant criminal records, sex offenses and professional or financial sanctions quickly and as part of your employment background or resident screening. Our National Criminal File is a database search of millions of criminal records, with to new records added daily, covering 50 states, plus sex offender registry records from 50 states depending on state access availability , plus Washington D.

In addition, as a premier background check company, we have an unmatched global reach for businesses that require global searches. Verifications We provide background screening services which confirm or verify immigration status as well as checking professional and educational backgrounds of applicants efficiently. Executive Background Screening Minimize risk and potentially negative media exposure by thoroughly vetting those you would entrust with your business at the highest levels.

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Our Executive Advantage background screening product: Provides a detailed, C-level employment background check to give you a clear picture before you make a hiring decision. Verifies all aspects of credentials and information not necessarily included in resumes, including: civil litigation including bankruptcy, negative media searches, corporate and regulatory history.

Social Media Search Social media searches can provide a good deal of job-related information to help you make smarter hiring and management decisions, as well as helping you understand whether a candidate or employee will extend or detract from your mission and values as an organization.

Criminal Records Watch Criminal Records Watch enables companies to better protect their brands, workplaces and relationships from risk by providing alerts to employers whenever an employee or contractor has a reportable criminal records history after they begin working for the employer. Benefit of Diligent Hiring. Companies who invest in screening are 3X more likely to track quality of hire. Solutions By Industry. Financial Services.

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Conducting Criminal Record Checks on Prospective Hires

While criminal record searches are the most utilized background screening checks, there are concerns that companies need to take under consideration when making hiring decisions based on the results of these checks. HR professionals and hiring managers must evaluate a number of factors before making a hiring determination, such as the type of crime, the severity, how long ago it occurred and how that conviction relates to the job.

Employers must have a process in place to remain consistent and fair to all candidates as well as following all laws FCRA and EEOC mandates and regulations to avoid discrimination. If a business makes the decision not to hire a candidate based on their background screening report, they are required by law to initiate the two-step adverse action process.