It is important for employers to ensure that their background check process is conducted in a consistent and fair manner. This means that the same questions should be asked of each applicant and an equal level of scrutiny should be applied to all applicants. Employers must also make sure they are not making decisions based on discriminatory factors such as race, gender, religion or national origin.
Additionally, employers should make sure they are aware of any applicable state and federal laws regarding background checks. Employers should establish clear policies around who can access the information obtained in a background check, how this information will be kept secure, how it will be used and how long it will be retained.
It is also important that employers provide proper notification to job applicants if they plan to use a third-party provider for background checks and obtain the applicant's written consent beforehand. Adhering to these best practices can help employers protect themselves against potential litigation related to their background check processes.