‘Accuracy and Efficiency’ is the Main Advantage of Outsourcing Background Checks

Performing background checks lead to better results for the employer.  Hiring the wrong candidate can be a costly and time-consuming process, so employers from start-up companies to large corporations are now outsourcing their background checks to a third party with expertise in federal and state law compliance. For staffing companies that hire laborers for contingent workforce, or contractors who hire for projects in multiple cities and jurisdictions, it is highly recommended that they outsource the background check process to a third party company with expertise in specific jurisdictional laws.

A major area of concern for the employer is identifying prospective candidates who might have a criminal history. This is an extremely sensitive area in the job interview process and one that must be approached carefully by the employer.  If the employer elects to perform their own background checks, they should address the following to ensure they are complying with FCRA, FTC, and EEOC rules.

  • Are we receiving a criminal history that is outside of the seven year scope?
  • Are we using the most up-to-date Disclosure and Authorization forms?
  • Are we following up with the candidate when reporting adverse information on the report?

It is ultimately the responsibility of the employer to have a thorough knowledge of all applicable laws with regard to criminal history and to comply with them. On December 9, 2016, the City of Los Angeles enacted the Fair Chance Initiative Ordinance, a "ban the box" law that significantly restricts employers when conducting a criminal background check or taking adverse employment action merely because of an applicant's criminal history. Los Angeles joins the growing list of states and cities throughout the country implementing "ban the box" laws. The Los Angeles City ordinance takes effect on January 22, 2017.  As more jurisdictions adopt policies to remove barriers to employment, employers need to ensure that their company is incorporating updated fair-chance employment laws into their company policy.  EEOC provides guidelines on Consideration of Arrest and Conviction Records in Employment Decisions.

Since the employer bears the burden of proving that consideration of an applicant’s criminal history is justifiable because it is job-related and consistent with business necessities, it becomes most important that their approach to this subject is conforming to the jurisdictional requirements.  In most cases it has been proven that the best method of ensuring accuracy and efficiency in the background check process is to outsource the process to a third party.  This will greatly decrease the chance for future disputes and factual inaccuracies. For more information on guidelines, please contact Securecheck360.

Marijuana Legalization in California Affecting Employers

Since the legalization of recreational use marijuana, the most common question we have received is “Can we still run a drug test to keep a drug-free workplace?”  The answer is “Yes!”  You are still allowed to run a drug test on potential candidates and reject the candidate based on the test result. Marijuana is still considered an illegal substance under federal law; however, Proposition 64 left the decision up to the employer on how they enforce the workplace policy pertaining to marijuana use. This also includes employees who hold a marijuana prescription.  Employers should consult with their legal counsel on how to implement any policy changes with respect to the new proposition, making sure their drug policy meets state expectations regarding possession and use of marijuana at work. And it should be emphasized that whatever policy the company ultimately decides upon, it must be clearly outlined in the policy manual and be unconditional to all existing employees and new hires.

About our company: Securecheck360 provides national and global background screening solutions to offer flexible and tailored employment verifications. We assist clients with background screening challenges, work place safety, and hiring risks to empower them to hire and retain the best talents. Our screening verifiers are certified through National Association of Professional Background Screeners (NAPBS) to comply with EEOC, FTC and FCRA laws.