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Background Checks in Employment – Planning a New Hire, Read This Too!

December 21, 2018

How do I complete a background check?

There are several ways for employers to gather information on the background of an applicant for employment. An employer can embark upon the task solo, with the prevalence of online data contact information for alleged previous employers, social media posts, previous and pending civil actions, are all available online. Most frequently however due to the convenience, accuracy and time constraints, employers hire third-party vendors to conduct background checks on applicants.

Background checks reveal important information. However, there are legal limitations on employers obtaining and using this type of information. When employers hire a third party to conduct a background check, or obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws. Also, in Georgia, employers must comply with laws concerning criminal background checks and driver’s record information. 

The Fair Credit and Reporting Act (FCRA) sets the standards for employment screening for non-public information. Prior to doing a background or credit check, employers must request and receive written permission from the applicant to complete a background check. In the event the employer elects not hire the applicant, the employer is required to provide the applicant with a copy of the report(s) that were utilized in the employer’s decision not to offer employment.

Title VII of the Civil Rights Act prohibits discrimination in employment on the basis of several grounds, including race. Thus, employers must request background checks of all applicants equally and employers are prohibited from utilizing the information to discriminate against applicants. 

Under Georgia law, private individuals and businesses may request criminal history records by submitting fingerprints of the person whose records are requested or a signed consent form with the person’s full name, address, Social Security number, and date of birth to the Georgia Crime Information Center (GCIC). Except as specifically authorized by law for certain offenses, the GCIC will not release records of arrest or charges that did not result in a conviction, or sentences for certain first offender crimes, or for crimes where the individual was later exonerated, or the charges were discharged without court adjudication of guilt O.C.G.A. 35-3-34 (2010).

Background Checks in Employment: Planning For A New Hire? – Read This First!

December 8, 2018

What is a background check and why do I need one?

A background check is a review of an employment candidate’s social, criminal, and financial records. Background checks have become standard practice in the employment setting; in fact, up to 70 percent of employers require employees to undergo background checks prior to hiring. 

The reasons employers utilize background checks are numerous and varied. Utilizing background checks allows the employer to find the best candidate by looking into the applicant’s criminal background, education, employment history, civil records, references, among other sources of information. A pre-employment background check has become a matter of necessity as some applicants will “lie, steal and cheat” to impress a prospective employer. For example, an employer may want to ensure that the applicant is telling the truth about their qualifications: to determine if the applicant graduated from college, or worked for a previous employer performing the duties as stated on the application. Background checks can also protect the employer from liability, both civil and criminal. For instance, an employer would want to ensure that the applicant has no record of misconduct pertinent to the business as this could be grounds for a negligent hiring Georgia state law tort claim. Or, the employer may want to verify the age of the applicant to be complaint with child labor laws. An employer must also consider immigration laws and seek to verify the immigration status of its employee.

All in all, the benefits of a comprehensive employment background include:

·      increased applicant and new hire quality, 

·      reduced workplace violence, 

·      reduced negligent hiring liability, 

·      reduced losses from employee dishonesty, 

·      making the right hire the first time, and

·      avoiding negative publicity, among others.

Most importantly, employers have a moral and legal obligation to provide a safe work environment pursuant to state and federal laws like the Occupational Safety and Health Act (OSHA). The bottom line is that pre-employment background checks help an organization be more successful; that means greater profits to for-profit organizations and greater impact for non-profits.