While federal law does allow employers to do thorough background checks before hiring, there are laws that forbid employers from discriminating their employees due to their criminal history. While it is true that holding someone liable to mistakes they committed and recovered from the past is harsh, employers still need to do thorough background checks before hiring.
Currently, simple criminal record checks online have put the power of history to many employer’s fingertips. This brings insight and the power to assess someone before hiring. It also increases the chances of breaking individual rights if you don’t know how to use the information.
Inform the Employee You’ll Do a Background Check
You have to tell your applicants or employees that you will do a criminal background check and use the information to make a decision that affects their employment. The disclosure should be in the form of a written stand-alone document that the applicant or employee must endorse.
Avoid Discrimination at All Costs
Background criminal checks can easily turn discriminatory. For instance, choosing to subject a specific subset simply because they are from a specific race, nationality, disability or religion is against the regulations. If you intend to do criminal background checks, ensure that the check is mandatory to all the employees or new applicants.
Proper Disposal of the Records After Usage
Once the background check data is in your hands, it is up to you to keep it safe. All personnel or employee records you gather should be preserved for up to two years. This will come in handy in case an individual decides to seek intervention from the Department of Labour claiming that you used the information unfairly. Once the time elapses, you have to dispose of all the records in accordance with the stipulated safe disposal directives.
Doing a thorough background check will always ensure that you know who you are hiring. This will give your HR department what it needs to choose the best employees and interact with them appropriately. Knowing the things to look out for when gathering such information will always give you an upper hand.