Doing a background check is a regular practice followed by employers world over. Once the applicant is on board, his or her actions represent your company. Therefore it becomes imperative to evaluate their social, financial, medical and family background for any irregularities or issues which can directly or indirectly influence your company’s working and reputation. Since it is an elaborate exercise, doing it yourself would not be feasible, therefore outsourcing this activity to a pre-employment background screening agencies like tritoncanada.ca is considered to be the best option. There is a disclaimer for conducting such checks since specific laws have been established to protect the interest of employees and applicants. https://www.forbes.com/sites/entrepreneursorganization/2015/07/10/legal-issues-with-background-checks/#66d3aac54ef7 can give you guidance about employee background checks. Every employer or background checking agencies should abide by the laws, otherwise can face legal complications.
Two prime federal bodies specifically focus on the functioning and rights of employees and applicants.
Equal Employment Opportunity Commission (EEOC)
This organization focuses and protects the rights of employees and workers against any discrimination done at the workplace by cast, color, race, nationality, sex, disability and medical complications. They ensure that the employers adhere to federal laws established in this regards.
Fair Credit Reporting Act enforced (FCRA) by Federal Trade Commission (FTA)
The pre-employment evaluation agencies need to work by the procedures and rules laid down by FTA under FCRA. Any intentional or unintentional discrimination have been reported in this forum, can attract legal trouble to the extent of confiscating the working license of the company.
There are various phases involved in conducting a background check. There are set guidelines issued by FCRA and EEOC which should be strictly followed throughout the evaluation process.
Stage 1: Identifying and gathering the background information
Apart from other sources of information, interviewing with the prospective applicant is the most reliable source. However, you need to be very careful while framing questions. Not by any chance, it should indicate any discriminative intentions in making the employment decision. Especially anything related to their medical or genetic background is the susceptible issue and should not be brought up unless it is unavoidable. The right way of doing things should be, informing that employee in writing that any background information gathered could be considered for making the employment decision. They should be given a chance to put up their side of viewpoint on the investigated outcomes. To save your legal interest, it is always advisable to get written permission from the employee to conduct a background check.
Stage 2: Using the inputs from the background check conducted
The same logic and standard should be applicable for all. Therefore, you cannot be biased in choosing the employee, when you have rejected another applicant having similar financial or criminal background. You might find a correlation between specific background problems and a particular section belonging to a particular, cast, economic status, religion or sex. Avoid using such issues as a base for the rejection. You should give the opportunity to the applicant to prove their capabilities, before making an opinion about them based on background inputs. In case of rejecting, you should share with the applicant the copy of consumer report based on which you made the decision. This way they would be able to evaluate the report and offer their explanation for something they don’t agree to.