A Hiring Manager’s Guide through the Rules and Regulations of a Background Check 14 Jan 2018

Most people have a limited understanding of what goes into a background check. They know that a company can look at your driving record, check your criminal records, and more, but beyond this surface understanding, they don’t know the legal ins and outs of the background screening process.

However, if you are a hiring manager, work in HR, or are in any way involved with the hiring process, it’s essential to know about the legal aspects of a background check. At Trusted Employees, we take the time to educate our clients about some of the more common legal concerns and restrictions. This helps an organization hone their HR onboarding processes and can even tie in with their recruitment strategies as well as their process for training new hires.

For instance, in the eyes of the law, background screening agencies are considered a Consumer Reporting Agency (CRA), meaning they must abide by many of the same rules that govern credit bureaus like Experian and others. As such, employers should have some knowledge of the Fair Credit Reporting Act (FCRA), which is the major piece of legislation in place to protect consumer privacy across all 50 states.

In the following series of blogs, we’ll take a road trip to different regions of the United States and look at some of the various laws in place that govern background checks. Some of the issues we’ll explore will result in invaluable HR advice and hiring tips for organizations.

Some of the topics we’ll touch on include:

• Can you put a policy in place that states you will never hire a felon or ex-con? The Equal Employment Opportunity Commission (EEOC) and other watchdog groups could view this as a form of discrimination, which could lead to hefty fines and legal fees.
• A review of state and local jurisdictions where “Ban the Box” laws have been passed. These are laws that limit how information from a criminal background check can be used in making a hiring decision.
• A closer look at some notable laws and regulations in specific regions, such as the Midwest, the Pacific, and the West.

Regardless of where you live, knowing about these regional differences can help you look at your own hiring practices from a different angle.