As the year is nearing its end it is definitely time for employers to review their employment screening policies.  2016 brought about many new laws that affect what information/reports can and cannot be used in the hiring process.  Ban-the-box legislation and the recent legalization of recreational use of marijuana in many States alone requires current pre-employment screening policies to be updated to properly reflect these new legal environments.

All over the United States most businesses and organizations perform background checks on new prospective employees.  These background checks include criminal background checks and other reports that now have rules applied to them for when and how you can use them.  Information gathered from background checks deliver vital information to hiring managers looking to sufficiently vet new applicants before hiring.  However, these hiring managers in many States cannot perform criminal history checks until an initial offer is made.

Background reports can be drawn from several sources including public record repositories, county courthouses, the social security administration, unlawful detainers and internet databases.

The use of public records, specifically consumer credit reports, is regulated by the Fair Credit Reporting Act (FCRA) and is enforced predominantly by the US Federal Trade Commission and the Consumer Financial Protection Bureau. The use of other documents, such as criminal history reports, is protected and enforced by the Equal Employment Opportunity Commission under the authority of the Civil Rights Act of 1964 and its various updates and expansions.  There are clear rules that employers have to abide by when selecting new employees.  The FCRA and EEOC make it clear how criminal records are to be utilized during the employment screening process through its documents and guidance’s.  With the reality of such entities enforcing laws associated with hiring practices now is the time for employers to review their background screening policies and make the necessary updates to remain compliant in this new legal environment.

To read more about this subject read recent press release found here.