As the Covid pandemic continues all over the world in the USA it remains very important that employers still employ a thorough vetting process to help weed out malfeasant individuals during the hiring process. Across the country companies continue to hire new employees during the Covid pandemic and pre-employment background screening should be a part of the hiring process. Now, more than ever, hiring managers and HR departments must remain diligent in hiring practices and pre-employment background screening agencies should be utilized to provide legally compliant, accurate, and up-to-date information.
During the current economic upheaval related to the Covid pandemic, it is important to note that the laws governing pre-employment background screening have not been put on moratorium or relaxed. All laws that govern the use of public records (such as criminal background records) as related to background screening, remain fully intact. The laws, policies and regulations governing pre-employment background screening have not changed during the pandemic.
From Lexology.com (Aug. 20, 20):
Don’t ignore federal and state background check laws while waiting for the dust to settle on this pandemic! Here is what employers need to know about these requirements.
Generally speaking, before an employer may obtain a background check (also called a “consumer report”) from a third-party background check provider (also called a “consumer reporting agency”), the employer must make a clear and conspicuous written disclosure to the individual that a background check may be done. In fact, the document must consist “solely” of the disclosure… The candidate or employee must also provide written consent for the employer to obtain a background check report. Different requirements exist for “investigative consumer reports” (those based on interviews of the individual’s friends, neighbors and associates), and for employers regulated by the Department of Transportation (depending on their hiring practices). lexology.com/library/detail.aspx?g=159821ee-3fa1-4344-89c1-ebd125262953
It is important to note that employers still need written consent from a potential hire before conducting background checks on the individual. This letter is called an employee release form and if investigative consumer reports are to be had as well there also needs to be a clear explanation of these kinds of reports being conducted as well. In addition an employer also has to be cognizant of other laws regarding hiring practices like ban-the-box laws that may apply to them and may limit when in the hiring process certain background checks like criminal background checks can be conducted. All in all it is still a best practice for employers to utilize a professional background screening company to provide background check reports in a compliant and legal manner.
To read more about this subject read recent press release: During Covid-19 Background Screening Should Continue Without Change; States CriminalBackgroundRecords.com