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Best Practices For Employee Screening

8 Ways To Get Your Background Screening Program Ready for 2025

October 31, 2024 By Chris Miller

As the sun sets on another eventful year, savvy HR leaders are already looking ahead to ensure their background screening programs are primed for success in 2025.

An effective background screening program doesn’t just support informed hiring decisions—it safeguards your organization’s reputation, builds trust, and creates a safe workplace.

I’ll walk through 8 key areas of your screening program that are important for annual review – as well as provide questions to ask yourself within each category:

So, let’s dive in and get your background screening program ready to shine in 2025!

1. Compliance Confirmation

  • Does my program currently align with the latest FCRA, EEOC, Ban-the-Box and all state/local mandates?
  • Have my consent forms and adverse action notices been updated with the newest legal statements?
  • Could I benefit from having legal counsel review my policies to ensure full compliance?

2. Your Screening Metrics from the Last Year

  • How did my volume counts compare to 2023? Were the total number of job candidates and individual screens/checks higher or lower than expected? Analyzing year-over-year trends can help you forecast and plan for likely volume changes in 2025. If volumes increased substantially, you may need to evaluate your staffing, vendor partnerships, or screening workflows to ensure timely, efficient processing.
  • Which background checks did I utilize most often in 2024? Did I lean more heavily on certain screens versus others? Knowing your most common screening types allows you to optimize package offerings, ensure compliance, and allocate resources effectively. Were there any notable shifts in which checks you relied on more heavily compared to prior years? This could signal evolving organizational risks or role requirements.
  • What percentage of my candidate screens resulted in disqualifying findings and adverse actions in 2024? Which specific findings tended to drive these the most? Identify the specific background check findings that most often led to these adverse decisions. High adverse action rates may warrant a deeper review of your risk thresholds, screening criteria, or adjudication processes.

3. Evolving Risks and Requirements Audit

  • Do my current risk levels, screening packages and disqualifying criteria still reflect organizational needs for 2025?
  • Have any regulatory expansions, new roles, or international growth created new gaps I should address?
  • Am I fully screening for the latest risks like insider threats? (Example: Screening high-risk roles more extensively for fraud/deception/integrity red flags.)

4. Vendor Performance Evaluation

  • How satisfied am I with my provider’s turnaround times, communication practices and security protocols in 2024?
  • Are there areas I wish they would enhance or improve for 2025?
  • Is now a good time to evaluate competitor screening service offerings?

5. Team Training Tune-Up

  • When did my team last complete background screening compliance training?
  • Do new hires thoroughly understand adverse action processes and interpreting criminal records?
  • Could my staff benefit from an annual program overview refresher in 2025?

6. Incorporating New Innovations

  • What cutting-edge advancements could boost efficiency in 2025, like AI-enabled checks or automated adjudication?
  • Can enhanced candidate experience tech like online identity validation improve applications?
  • Are there any new tools emerging that could help objectively assess candidates and reduce biases?

7. Formalizing Critical Policies

  • Do I have definitive policies outlined for evaluating criminal histories and determining risk tolerance thresholds?
  • Have I documented consistent adverse action appeal review and approval workflows?
  • Do I have clear guidelines around information security and data destruction practices?

8. Ongoing Program Updates

  • Have any new job roles been added or access privileges changed for existing roles since I last reviewed my screening program? If so, the criteria may need updating.
  • Is there a defined process to propose tweaks or enhancements on how screening is conducted in 2025? This ensures the program adapts as risks change.
  • Is there clear version tracking and documentation of changes made to background screening processes over time? This record-keeping helps assess what has been done.

9. BONUS: Navigating Immigration Challenges Under the Second Trump Administration: What Employers Need to Know

  • As President-elect Trump’s administration prepares for a second term, employers should anticipate intensified changes to U.S. immigration policies and procedures.
  • The administration is likely to push forward with stricter enforcement, increased procedural challenges, and policies aimed at reducing foreign labor reliance. Employers should begin preparing now for these imminent changes, particularly in areas such as: E-Verify and I-9 compliance.
  • Employers should conduct internal audits to ensure that all immigration documentation, including E-Verify and I-9 forms is complete and up to date. Regular training for human resources teams on compliance practices and effective document retention strategies will help mitigate the risk of penalties. Employers should also consider investing in technology to streamline the I-9 process and improve overall compliance with evolving regulations.

Refreshing your background screening program may take some extra effort as the year wraps up, but this investment will set the stage for a more efficient, compliant, and resilient hiring process in 2025. By using this checklist as a roadmap, you’re not only staying ahead of potential challenges but also positioning your organization to attract top talent and build safer, stronger teams.

Here’s to making 2025 your best year yet for smart, streamlined screening and confident hiring decisions!

Related Topics:

  • 10 Reasons Why FYI Screening Should Be Your Go-To Background Check Company
  • Tired of Background Check Headaches? FYI Screening Offers Refreshingly Easy Compliance
  • Thinking of Switching Background Check Providers? Here’s What You Need to Know

Filed Under: Best Practices For Employee Screening Tagged With: Background Screening

8 Critical Background Check Mistakes HR Professionals Must Avoid

September 5, 2024 By Chris Miller

In the ever-evolving landscape of human resources, conducting thorough background checks remains crucial for ensuring organizational success and safety. Despite extensive experience, even seasoned HR professionals can sometimes fall into common pitfalls.

Here are eight critical mistakes to avoid in your background check process:

1) Lack of a Comprehensive Background Check Policy

A robust background check policy is the cornerstone of effective hiring practices. Without it, your team may apply checks inconsistently, leading to potential discrimination claims or the hiring of unsuitable candidates.

Best Practice: Develop a detailed policy that outlines:

  • Scope and Positions Requiring Checks: Clearly identify which job positions require background checks and specify the type of checks (e.g., criminal history, credit checks) necessary for each role.
  • Timing and Process: Establish when in the hiring process the background checks should be conducted, typically after a conditional job offer, to avoid bias and ensure compliance with legal guidelines.
  • Compliance with Legal Requirements: Ensure the policy adheres to all relevant local, state, and federal laws, including Fair Credit Reporting Act (FCRA) regulations, anti-discrimination laws, and any industry-specific requirements.
  • Consistency in Application: Outline procedures to guarantee that background checks are applied consistently across similar positions, preventing potential biases or discrimination.
  • Confidentiality and Data Security: Implement strict measures to protect the confidentiality of the information obtained during the background check process, ensuring it is securely stored and only accessible to authorized personnel.

2) Insufficient Knowledge of Employment Laws

Compliance with federal and state laws is non-negotiable. Ignorance of the Fair Credit Reporting Act (FCRA), anti-discrimination laws, and state-specific regulations can lead to severe legal consequences.

Best Practice: Regularly update your knowledge on:

  • FCRA requirements
  • State-specific background check laws
  • Anti-discrimination legislation
  • Proper use and storage of background check data

3) Overlooking Non-Full-Time Personnel

Focusing solely on screening full-time employees can leave significant security gaps. Remember, part-time staff, contractors, and vendors can pose similar risks.

Best Practice: Implement screening for all personnel who:

  • Have access to your facilities
  • Work in areas where employees are present
  • Can access sensitive information or files

4) Proceeding Without Proper Consent

Obtaining proper consent is not just a courtesy—it’s a legal requirement. Conducting background checks without explicit permission can result in lawsuits and damage to your company’s reputation.

Best Practice:

  • Provide clear disclosure about the background check process
  • Obtain written consent before each screening
  • Ensure consent forms comply with current laws

5) Neglecting Social Media Screening

While social media can provide valuable insights, it should be approached cautiously. Ignoring it completely may mean missing red flags, but over-reliance can lead to biased decisions.

Best Practice:

  • Develop a social media screening policy
  • Use social media as one of many screening tools, not the sole source
  • Be aware of potential discrimination issues when reviewing social media

6) Over-Reliance on National Criminal Databases

While criminal databases offer efficiency and quick access to a wealth of information, they often fall short in terms of accuracy and completeness compared to county-level criminal searches. Relying solely on these databases can lead to missed records or outdated information, resulting in potential liabilities for your organization.

Best Practice:

  • Use national criminal databases as a supplement, not a replacement for county-level criminal searches
  • Partner with reputable background check experts for comprehensive screenings
  • Regularly test and review the accuracy of national criminal databases

7) Mistaken Identity and Data Errors

Inaccurate data entry or confusion between similar names can lead to false reports, potentially costing you excellent candidates.

Best Practice:

  • Double-check all identifying information
  • Use multiple identifiers (name, DOB, SSN) to ensure accuracy
  • Verify information with the candidate when in doubt

8) Denying Candidates the Right to Dispute Findings

The FCRA requires that candidates have the opportunity to dispute and correct inaccurate information in their background checks.

Best Practice:

  • Inform candidates of adverse findings before making final decisions
  • Provide copies of background check reports to candidates
  • Establish a clear process for candidates to dispute inaccuracies

Conclusion

As HR professionals, your role in conducting background checks is pivotal to maintaining a safe, productive workplace. By avoiding these common mistakes, you can ensure a fair, legal, and effective screening process that protects both your organizations and our candidates.

Want to streamline your background check process and avoid costly mistakes? Schedule a free consultation with our HR compliance experts. We’ll show you how our cutting-edge screening solutions can protect your organization and optimize your hiring process. Request your personalized demo today!

Related Topics:

  • Simplify and Streamline Your Background Checks with FYI Screening
  • Tired of Background Check Headaches? FYI Screening Offers Refreshingly Easy Compliance
  • Thinking of Switching Background Check Providers? Here’s What You Need to Know

Filed Under: Background Checks, Best Practices For Employee Screening, Legal Compliance Tagged With: Background Screening

The Smart Employer’s Playbook: Mastering Background Screening

May 6, 2024 By Chris Miller

In today’s increasingly complex business environment, making informed hiring decisions is paramount for organizations of all sizes. A thorough background screening process is essential to ensure that new hires are qualified, trustworthy, and aligned with the company’s values and culture. By verifying candidates’ credentials, employment history, and any potential red flags, employers can mitigate risks and protect their reputation, assets, and workforce.

Understanding the Fundamentals of Background Screening

At its core, background screening is the process of verifying the information provided by job applicants and uncovering any relevant details that could impact their suitability for a particular role. This due diligence measure helps employers make well-informed hiring decisions while safeguarding the interests of their organization, employees, customers, and stakeholders.

Background screening can encompass a variety of checks, including criminal records, employment history, education verification, driving records, credit reports, professional licenses, and reference checks. The depth and breadth of the screening process may vary depending on the industry, job role, and level of responsibility involved.

Navigating the Legal Landscape

It’s crucial for employers to understand and comply with the relevant federal and state laws governing background screening practices. The Fair Credit Reporting Act (FCRA) is a key piece of legislation that outlines requirements for obtaining and using consumer reports for employment purposes. Employers must obtain written consent from job applicants before conducting background checks and follow specific procedures for adverse action notifications.

Additionally, background screening results must be treated as confidential information and handled in compliance with data protection and privacy regulations. Employers should have clear policies and procedures in place to ensure consistent and non-discriminatory background screening practices.

Certain industries or job roles may have specific background screening requirements or restrictions, such as working with children, handling sensitive information, or operating in regulated sectors like finance or healthcare.

Best Practices for Effective Background Screening

To implement an effective background screening process, organizations should follow these best practices:

  1. Develop a comprehensive background screening policy: This policy should outline the types of checks to be conducted, the criteria for evaluation, and the process for handling adverse information. It should be reviewed and updated regularly to align with changing legal requirements and industry best practices.
  2. Communicate clearly with applicants: Be transparent about the background screening process and requirements during the application or interview stage. Obtain written authorization from job applicants before initiating any background checks, using a separate disclosure and authorization form.
  3. Partner with reputable providers: When outsourcing background screening, choose reputable third-party providers that adhere to industry standards and comply with applicable laws and regulations. Alternatively, establish an in-house screening process with robust quality control measures.
  4. Evaluate results objectively: Review and evaluate background screening results objectively, considering the job requirements, the nature of any adverse information, the applicant’s explanation or mitigating circumstances, and relevant state and local laws.
  5. Provide due process: If adverse information is found, provide applicants with pre-adverse action notices and a reasonable opportunity to dispute or explain the information before making a final hiring decision, as required by law.
  6. Maintain proper documentation: Keep accurate and up-to-date records of background screening processes and results, adhering to data retention and privacy regulations.
  7. Train decision-makers: Provide training and guidance to hiring managers and decision-makers on interpreting and evaluating background screening results fairly and consistently.

The Value of Background Screening for Organizations

Implementing a comprehensive background screening process offers numerous benefits to organizations, including:

  1. Risk mitigation: By verifying information and identifying potential red flags, employers can reduce the risks associated with negligent hiring, such as workplace violence, theft, or legal liabilities.
  2. Improved quality of hires: Background screening helps ensure that new hires possess the necessary qualifications, experience, and integrity for the role, leading to better job performance and a stronger workforce.
  3. Enhanced workplace safety: By screening for criminal records and other relevant information, employers can create a safer working environment for their employees and customers.
  4. Compliance and legal protection: Adhering to background screening regulations and maintaining proper documentation can help protect organizations from potential legal issues and lawsuits related to negligent hiring practices.
  5. Reputation preservation: A thorough background screening process demonstrates an organization’s commitment to upholding high standards and maintaining a positive reputation in the industry and community.

In today’s competitive business landscape, effective background screening practices are not just a best practice – they are a necessity. By implementing a comprehensive and legally compliant screening process, organizations can make informed hiring decisions, mitigate risks, and build a talented and trustworthy workforce that drives success.

Related topics:

  • Tired of Background Check Headaches? FYI Screening Offers Refreshingly Easy Compliance
  • 8 Ways To Get Your Background Screening Program Ready for the New Year
  • Thinking of Switching Background Check Providers? Here’s What You Need to Know

Filed Under: Adverse Action, Background Screening, Best Practices For Employee Screening, Legal Compliance Tagged With: Employee Screening

Credit Checks and the EEOC: What’s Hot in Background Screening News

November 1, 2011 By Chris Miller

campfire

Welcome to our monthly edition of what’s hot in employee background screening news. If you want to stay up-to-date with background screening, you’ve come to the right place. Here are some of the news items that caught our attention last month.

Connecticut Limits Use of Credit Checks in Employment

A new Connecticut law that took effect on October 1, 2011 (Public Act 11-223) makes it unlawful for most Connecticut employers to require employees or prospective employees to consent to requests for credit reports that contain information about their credit scores, credit account balances, payment history, savings or checking account balances, or account numbers. Connecticut is one of only a few states that have enacted such a law.

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National Retail Federation Releases Research on Retailer Use of Background Screenings

Today NRF released its first piece of research on the topic of background screening. We polled retail executives from 96 of the nation’s leading department stores, mass merchants, discounters, drug stores, grocery stores and restaurants to examine their use of background screenings before and during the application and employment process.

The findings? Nearly all retailers – a whopping 97% – utilize background screenings in some form during the application, hiring and employment process, according to the survey. Additionally, a majority of retailers surveyed report that human resources (56%) and loss prevention departments (39.4%) are most often charged with criminal background screenings and similarly are the same departments that can override employment decisions to ensure a fair and open process for all applicants and employees.

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Criminal Records May Not Appear on Background Checks in Texas

Background checks used to screen people in crucial occupations may not turn up criminal records because of gaps in the Texas records database, a new state audit shows.

Prosecutors and courts have failed to submit to the state disposition records on about 1 in 4 arrests in 2009, the audit found. While that is a slight improvement from a 2006 audit, it still means agencies doing the checks can’t rely on the Department of Public Safety Computerized Criminal History System for complete information, the audit found.

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California Joins Other States in Placing Restrictions on Employers’ Use of Credit Checks

On October 10, 2011, Governor Brown signed into legislation Assembly Bill No. 22, which generally prohibits employers from using an applicant’s or employee’s credit history in making employment decisions.  Prior to this legislation, employers could request a credit report for employment purposes if they provided prior written notice of the request to the person for whom the report was sought.  Assembly Bill 22 significantly changes this landscape by prohibiting employers from using credit reports for employment purposes unless the report is used for one of the limited purposes enumerated by the statute.

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Using Arrest and Conviction Records for Hiring. What Does the EEOC Say?

The Peace Corps asked the EEOC for an opinion on the legality of its use of conviction and arrest records to screen potential volunteers. In response, the EEOC published an informal opinion letter, which offers guidance for employers who are considering using conviction or arrest as part of their screening processes.

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Hot Topics in Pre-employment Screening (two-part series on pre-employment screening)

An increasing number of employers are conducting some form of pre-employment screening on job applicants. Employers are researching not only a candidate’s educational qualifications and prior job history, but also a candidate’s criminal history, credit history and online presence. At the same time, the Equal Employment Opportunity Commission (EEOC) and various states have begun scrutinizing the legality of some of these practices.

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Legal Issues Surrounding Social Media Background Checks

The legal risks of making employment decisions using the Internet have become a real concern for businesses, especially when you consider that 54% of employers surveyed in 2011 acknowledged using the Internet to research job candidates. The actual number of employers using the Internet is probably higher, and sometimes companies may not even be aware that their employees are researching job candidates and factoring that information into their evaluations. This is yet another reason to establish an internal procedure for researching job candidates, and communicating your procedure to employees who are participating in the employment process.

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Filed Under: 2010 Best Employee Screening Posts, 2011 Best Employee Screening Posts, Best Practices For Employee Screening, Employee Screening Tagged With: What's Hot

EEOC Examines Arrest and Conviction Records as a Hiring Barrier

July 26, 2011 By Chris Miller

jail

On July 26, 2011 the U.S. Equal Employment Opportunity Commission (EEOC) held a public meeting to discuss the employment barriers faced by individuals with arrest and conviction records.

A recap of the meeting can be found here.

Photo credits: Cosima’s Digital Designs

Filed Under: 2010 Best Employee Screening Posts, 2011 Best Employee Screening Posts, Best Practices For Employee Screening, Employee Screening, Legal Compliance Tagged With: Background Check, EEOC

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