Employers check both applicants and existing employees for many reasons.
A few of the reasons employers’ conduct background screening:
- Negligent hiring lawsuits are on the rise. If an employee’s actions hurt someone, the employer may be liable. The possibility of being liable gives employers reason to be cautious in checking an applicant’s past.
- Terrorist acts have resulted in a heightened plan of action on security and identity-verifications by employers.
- Corporate executives, officers, and directors face a close examination in both professional and private life as a result of corporate scandals.
- Fraudulent or inflated credentials supplied by some applicants make employers think twice about believing everything a job applicant says and make a hiring decision based on the information.
- Federal and state laws require that background checks be conducted for certain jobs. For example, most states require criminal background checks for anyone who works with children, the elderly, or disabled. Many state and federal government jobs require a background check, and depending on the kind of job, may require an extensive investigation for a security clearance.
Does a criminal record mean you can never get a job?
The U.S. Equal Employment Opportunity Commission (EEOC) has said that use of criminal history may sometimes violate Title VII of the Civil Rights Act of 1964. This can happen, the EEOC says, when employers treat criminal history differently for different applicants or employees.
The Equal Employment Opportunity Commission (EEOC) says that a person cannot be denied employment based on a criminal record alone. Instead, the decision to hire or not must be based on a “business necessity,” which requires the employer to consider:
- The nature and gravity of the offense or offenses.
- The time that has passed since the conviction and or completion of the sentence.
- The nature of the job held or sought.
The EEOC has issued extensive guidelines for employers in considering the criminal history of a job applicant or employee: Click for EEOC Guidelines. To aid in compliance with Title VII, the EEOC guidelines provide employers with examples of best business practices.
For over 20 years, companies have trusted Legal Locator Service to conduct their Background Checks. In our business, our success, your success depends on quality of data, customer service and compliance expertise. Our information is vetted and verified at the source. We are FCRA compliant and a Member of the National Professional Background Screeners.
We match the right screening solution to your applicant to ensure a safer workplace, which protects your reputation and helps you avoid unwanted legal exposure.
Legal Locator Service, L.L.C. has your back when it comes to Background Checks. Call us today at 503 697-5821. Your business depends on it!