Criminal Background Check Example

Criminal Background Check Example

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Criminal Background Check Example

Employers must request background checks of all applicants equally—for example, it would be illegal to check the criminal records of male job candidates but not female. For example, employers may not use criminal history to deny employment to an applicant of a certain protected characteristic if it offers employment to other candidates with similar job histories who have the same criminal record. In the U.S., for example, a criminal record history background check may include a search of county, state and federal court records for felony and misdemeanor records. For example, an employer that runs criminal background checks only on non-White applicants, excuses minor offenses by White applicants while excluding Latino applicants for the same types of records, or assumes that an African American with a youthful drug offense poses a safety risk while a White applicant with a similar offense did not, that employer is treating applicants differently based on their race or national origin.

For example, job applicants for nursing homes and related facilities must go through a criminal background check and employers in this industry can submit a request for a check directly to the FBI. For example, an employer may require annual or semi-annual drug tests or criminal background checks for their employees to help create a safe and secure workplace. For example, many employers may wish to conduct periodic re-screens to validate professional license or certification, motor vehicle reports/driving records, credit reports, and industry-specific sanction lists.

An example is the Fair Credit Reporting Act which is a federal law that requires employers to provide notice when getting a candidate's credit report or criminal record. 5 Other studies indicate that employers without access to a candidate's criminal record may use his or her race or ethnic background as a proxy for criminal history, a stark example of an unintended consequence to ban the box” laws. For example, in some states, it's fine to use credit and criminal background checks for any employee, in others you can only perform these checks for specific types of employees.

For example, if someone did the actual hiring, background check all within a company's headquartered state, then that state's laws would likely govern as the applicant's 'home' state would not come into play." For example, employers shouldn't use a policy or practice that excludes people with certain criminal records if it significantly disadvantages individuals of a particular race, national origin, or another protected characteristic, and doesn't accurately predict who will be a responsible, reliable, or safe employee. For example, if the employer contracts with a CRA to perform background checks on job candidates, the employer and the service must comply with the FCRA.

When taking an adverse action (for example, not hiring an applicant or firing an employee) based on background information obtained through a company in the business of compiling background information, the FCRA has additional requirements: For example, employers shouldn't use a policy or practice that excludes people with certain criminal records if the policy or practice significantly disadvantages individuals of a particular race, national origin, or another protected characteristic, and doesn't accurately predict who will be a responsible, reliable, or safe employee. For example, some employers may ask about your employment history, your education, your criminal record, your financial history, your medical history, or your use of online social media.

When taking an adverse action (for example, not hiring an applicant or firing an employee) based on background information obtained through a company in the business of 5 compiling background information, the FCRA has additional requirements: For example, employers should not use a policy or practice that excludes people with certain criminal records if the policy or practice significantly disadvantages individuals of a particular race, national origin, or another protected characteristic, and does not accurately predict who will be a responsible, reliable, or safe employee. If you get background information (for example, a credit or criminal background report) from a company in the business of compiling background information, there are additional procedures the FCRA requires beforehand:

Institutions are required to perform a reasonable inquiry” regarding an applicant's history to avoid hiring or permitting participation by a person with a covered conviction, but no guidance is provided on what constitutes a reasonable inquiry.” Institutions should, at a minimum, establish a screening process that can produce all relevant information regarding convictions (or diversion program entry) pertaining to a job applicant.18 According to a statement of policy issued by the FDIC,19 this would include, for example, completion of a written employment application that requires a listing of all convictions and diversion program entries.”20.

http://hr.olemiss.edu/faqs-for-background-check-policy/

https://www.okcu.edu/uploads/human-resources/docs/background-check-policy2016.pdf

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