Why background verification
However, for the formerly incarcerated, a criminal record is a barrier to reentering the workforce, making it much more difficult for ex-felons to rehabilitate into society. In an effort to increase employment opportunities and decrease recidivism rates , the federal government offers incentives to employers for hiring convicted felons through the Work Opportunity Tax Credit program.
Different states have different variations of criminal background checks. Examples include a level 1 background check, which is a state-only name-based check and employment history check and a level 2 background check, which is a state and national fingerprint-based check and consideration of disqualifying offenses.
Often, many of these searches are included in a basic background check. However, some background check services may charge an additional fee to check for aliases or to search federal, state, and county criminal records in addition to national databases. Any time a person purchases a firearm from a licensed importer, manufacturer, or dealer, the seller must perform a universal background check via the National Instant Background Check System NICS to determine whether a prospective buyer is eligible to purchase a firearm.
Reasons why a person may not pass a gun background check include felony offenses, certain criminal convictions and misdemeanors, fugitives or persons with open arrest warrants, domestic violence convictions, or in the country illegally, among others. Since universal background checks were mandated by the Brady Handgun Violence Prevention Act of and launched by the FBI in , more than million firearm background checks have been made, leading to more than 1.
Thirteen states, and Washington, D. Two additional states require POS for handguns, but not rifles or shotguns. Many employers run the OIG background check and other healthcare sanction checks before hiring an employee or entity.
In addition, they may routinely conduct checks post-hire to ensure their employees are not added to the list once hired. Search results include date of birth, address, and reason for exclusion and can be confirmed with a Social Security number SSN. If an employer fails to run the OIG background check and hires someone whose name is on the sanctions list, the employer could be forced to pay civil monetary penalties.
The employer is also potentially at risk for safety and liability issues. In the following cases, the OIG has the discretion to add individuals or entities to the list, or leave them off:.
E-Verify is used by employers to verify the identity and employment eligibility of newly hired employees. The online check compares information from the I-9 form new employees are required to fill out with government records to confirm that the employee is authorized to work in the US.
A new I-9 form was issued in October which became mandatory on May 1, Since , the federal government has mandated its use for some federal contractors, and some 22 states require it for certain public and private employers; however, E-Verify is voluntary for most employers. Form I-9 and E-Verify are similar in their purpose, but E-Verify takes the process one step further to make sure new employees are authorized to work in the country.
Here are some key differences between the two:. Enrolled employers can perform an E-Verify check through the E-Verify website. Launched in , the Automated Fingerprint Identification System AFIS stores more than 35 million sets of fingerprints, mostly submitted by law enforcement agencies. A fingerprint background check, or Identity History Summary , is often used in conjunction with other background checks and is most often used as part of the pre-employment screening process.
A fingerprint background check is mandatory for government-run institutions such as public schools, airports, law enforcement agencies, hospitals, and fire departments. It may also be required to be eligible to receive certain professional licenses, including jobs in real estate, medical care, finance, casinos, and pharmacies.
If a fingerprint background check is required for employment, applicants will visit an authorized local fingerprint business or government organization to have their fingerprints scanned or inked and submitted. If an employer in the US is considering hiring a candidate who lives in another country, or a US-based candidate who has recently lived, worked, or studied in a different country, the employer may want to run an international background check in addition to its regular employment background check.
With an international background check, the employer can get international criminal records, education, and employment verification. Depending on the information employers need, they may pay for one, two, or all three. Each country requires varying documentation to perform the check, such as full name and a copy of a government-issued ID, such as a passport. Many landlords also check credit reports to verify whether a person applying to rent property has a history of good credit and may be more likely to pay rent on time.
Additionally, some jobs require a credit background check, especially for positions in the financial services industry where the employee would manage money, or has access to money on a daily basis.
The FCRA requirements mentioned in the Employment Background Checks section of this article apply to credit checks, and employers need to stay on top of local laws that may restrict the use of employment credit background checks for hiring decisions.
Eleven states, including Washington, D. Employers must get written permission from applicants and employees and inform them that information in their credit background checks may be used in decisions about their employment. For example, you can run a personal background check to see if your name appears in any criminal, traffic, or sex offender databases. You may have heard the terms negligent hiring, or due diligence. If you are not familiar with these terms we will tell you more about them!
Criminal checks might include record searches on federal and state criminal records, sex offender registries, terrorism watch lists and national criminal databases. Bear in mind that criminal checks often follow strict federal, state and local laws surrounding employee screening so be sure to confirm that you are fully compliant with these regulations.
A credit background check is often used to determine if a candidate is financially responsible. Credit checks should only be done upon approval of the candidate and if it is relevant to the position they are applying for.
Another reason for thorough background checks is to avoid negligent hiring claims. This is particularly important if your prospective employee will be in close contact with customers and business associates. As a business owner, you have a responsibility to conduct a reasonable investigation on all your employees prior to hiring.
The best thing you can do to protect yourself, your employees and your customers is to ensure that your hiring process does a thorough job at verifying that the applicant is trustworthy. Negligent hiring occurs when an employer fails to verify that a prospective employee may present a danger to the organization. Negligent hiring claims can be brought by an individual when an employer fails to screen a worker adequately, and that worker subsequently harms someone else.
Especially if it is proven that the situation could have been avoided with a proper background check. Negligent hiring can bring the most damage in industries that involve one-to-one care, have access to confidential information and deal with finances. All employers should educate themselves on what constitutes as negligent hiring to avoid the risks of being subject to negligent hiring claims.
While most states ban the checking of arrest records , employers are allowed to inspect conviction records. However the conviction must bear some relation to the job to justify not hiring the applicant. Ultimately, remember that the checks you conduct must be non-discriminatory and consistent for each candidate. Maintaining a compliant background screening policy for your company will allow you to evaluate and hire fairly and consistently.
As laws surrounding employee privacy and protection continue to evolve and change, so must your screening policy. Working with a third-party workforce solutions provider like Airswift will allow businesses to benefit from our expertise when setting up a comprehensive screening program and also speed up their hiring time.
Millennial and Gen Z workers are at the forefront of Great Resignation. Our article highlights key strategies to attract and retain younger employees. When used consistently, this simple step can eliminate many future problems for the company. Why is this important, from a recruitment standpoint? For one, your candidate will be thoroughly screened to ensure that all the experience and credentials listed are accurate for the needs of each job order.
Whatever your policy is for conducting an employment background check, you want to make sure that policy is clear and that you apply it consistently. If you do find something negative on a background check during the recruiting process, you may want to implement a policy of having a conversation with the candidate about what you find. A single mistake that has a rational explanation and is not likely to be repeated is usually not a good reason to give up an otherwise qualified candidate.
Several possible ways to conduct background checks are to use a third-party service or a background screening software to augment your current recruitment process. This can help make the criminal and drug screen more efficient while you focus on the work history and educational verification. In some cases, your talent management software will include the feature to run a background screen with the proper legalese to get permission from each candidate.
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