Last Updated on December 16, 2021 by G. T. HR
Avoid Negligent Hiring and Protect Your Business
When it comes to background checks, the information you verify and how often it is evaluated will prevent legal risk and build trust. An inconsistent approach to background checks could result in poor hires and could also leave employers open to potential negligent hiring lawsuits.
Employer Liability Regarding Negligent Hiring
Under the doctrine of negligent hiring, an employer is liable for any harm its employees inflict on third parties when the employer knew, or should have known, of the employee’s potential risk to cause harm, or if the risk would have been discovered by a reasonable investigation.
Consistent Hiring Practices
Pre-employment background screening must be handled with consistency throughout the company to avoid discrimination.
Treat Screening for Each Position the Same Way
Set up guidelines for the type of screening your company will conduct for different levels of employees. Train your managers to treat two candidates applying for a position the same way, regardless of any assumptions. By practicing consistency within hiring, you are treating all candidates fairly.
Determine How Criminal Records Will Affect Your Hiring Decisions
Decide how criminal records will affect your hiring decisions. The EEOC suggests focusing on convictions that are relevant. Once this is determined, communicate the importance for managers to be on the same page with this.
Pre-Hire Compliance with FCRA
Conduct all background checks in accordance with the federal Fair Credit Reporting Act (FCRA) as well as state and local law. Establish a policy of when you will run background checks. Under federal law, an employer can conduct employment screening at any point after getting the candidate’s consent. However, your candidate may be in a state that restricts the timing of a background check.
Maintain Records of Candidate Consent
Archive your candidate’s consent. Be sure that your managers are consistent about keeping this on record. Before you can run a background check, The FCRA requires that employers get candidates’ consent. There are specific steps that an employer must follow in case of adverse information.
Post-Hire Compliance with FCRA
Post-hire background checks should also be compliant with the FCRA. Many company background check policies include a clause in the background check consent form, that can cover screening throughout employment with your company. Make managers aware of this, so that they may feel more comfortable screening post-hire for continued quality.
Consistently Review & Update Your Employee Screening Policies With Your Screening Expert
Chances are good that your screening needs have changed over time. At MyHRScreens, we offer the flexibility to customize your screening package for your needs, as business changes. By updating your policies, you are creating a sense of quality control, where employees are all treated consistently, and you are gaining as much knowledge as you can with each hire moving into your workplace.
One of the best ways to ensure ease in your employee screening practices, is to work directly with your screening expert. By working directly with your screening expert, you may better understand your company-wide goals. This will keep you on track in regards to compliance and discrimination. By maintaining a consistent screening practice, you can avoid blind spots and unforeseen risk.