Podcast Sponsored by: Accurate Background
How is background screening impacted in an increasingly remote-first world of work? No doubt, the pandemic has reshaped the workplace. And in many ways, it’s here to stay. A report by Ladders revealed that by the end of this year, 25% of all jobs in North America will be remote. With that in mind, employers need to adapt their background screening practices to the new normal of remote work.
Our Guest: Chief Compliance Officer at Accurate Background
On our latest #WorkTrends podcast, I spoke with an experienced industry professional and SME on background screening, drug testing, and HR Technology from our special guest, Accurate Background. We asked him to tell us the basics every employer needs to know about background checks. He explains:
The best way to open the conversation today is to remind employers that background screening is heavily regulated. We’re talking about federal laws, the Fair Credit Reporting Act, and state laws. These are in addition to the responsibilities that employers have under their federal FCRA and even local laws.
The Range of Background Screening
Both employers and candidates must understand the background screening basics and the different types of background checks.
There’s a wide variety of things that employers utilize throughout the screening process. Criminal history information is one. A subset that we call verifications is another. Verifications range from professional life license verification, employment verification, and education history. And then there are things like drug tests, credit reports, and driving records.
Consent – Yes or No?
Background checks are employers’ principal means of securing information about potential hires from sources other than the applicants themselves. Therefore, we asked if obtaining consent from the candidate is required before conducting a background check.
Oh, it’s required, and it’s required, and it’s required again. So employers, beware. Your disclosure is really a critical piece of the background screening process. If you’re going to do a credit report, tell them you’re doing a credit report. In some states, you also have to tell them why. Criminal history checks, personal or professional reference checks…all need consent.
What if a candidate refuses?
Most employers are conducting background checks contingent on an offer. If the candidate doesn’t want to authorize the background check, they don’t move forward with the process. And employers are well within their rights to leverage that, but they should certainly state it in their policy.
Social media sites may seem like easy-to-access information about a potential job candidate. But is it acceptable or ethical for companies to scrutinize social media? What are some of the pitfalls that employers need to avoid?
Employers, hear me now, do not go on Facebook or Instagram or TikTok or even LinkedIn and look at your candidates yourself. That’s a big mistake. You want to engage with a professional organization that is doing this in a manner that is consistent with EEOC guidelines.
A professional social media screen will bring back information about whether or not a person is engaged in activities that could potentially present a risk to the organization. Information to help you make a decision that is ultimately about the true risk to the company and not just a personal opinion or unconscious bias.
The Marijuana Culture Shift
Recent years have seen a significant culture shift in how the use of marijuana is viewed. It’s legal in some states and becoming legal in many others. So what should employers be cautious of here?
There are still federal laws and federal mandates in place for drug testing, where it doesn’t matter what the state law is. Under any law where marijuana is legal, an employer does not have to accommodate use in the workplace. There are a lot of emerging state laws or laws currently in place related to whether or not you can test for marijuana pre-employment. Or whether you can use a positive test result for marijuana in an employment-related decision. But each one of those also has exemptions.
Adapting to the Remote Climate
Background screening shouldn’t take a back seat in this remote work climate. It’s important to understand the risk profile of someone who will be generally unsupervised yet still representing your company.
Take some additional due diligence to ensure that you know who your candidates are, that they’ve done what they say they have done, and that there’s nothing within their risk profile that will be destructive to your company’s reputation.
And, please mark your calendars! On Wednesday, May 25th from 1:30pm – 2:00pm ET, our #WorkTrends Twitter chat focuses on Background Screening in the Hiring Process, sponsored by Accurate Background.