Employment Background Check Guidelines and Sample Policies, A Matter of Fact
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Guidelines and Sample Policies
by Industry Sources

The following guidelines and sample policies may be of interest to employers seeking guidance about background checks and employment screening.


Employment Background Check Best Practices

A Matter of Fact
Background Check Best Practices – The Key Steps.
Using Employee Background Checks Best Practices will help you get the highest return on your hiring investment.


Background Check Sample Policy

HR Manager To Go Consultants
Employment Background Check Sample Policy
A general summary to be used after tailoring for specific needs and circumstances.


Verifications Best Practices: What Clients Need to Know for Successful Outsourced Verifications

NAPBS, National Association of Professional Background Screeners
http://www.napbs.com/files/public/Employers_Guide_Verification_Brochure.pdf
General Guidelines for Successful Verifications:
  • Provide as much information as possible with your search request.
  • Have a signed consent form from the applicant.
  • Request the level of verification that best fits your needs.
  • Be patient.


Background Screening and Employer Compliance with the FCRA

NAPBS, National Association of Professional Background Screeners
Background Screening and Employer Compliance with the FCRA by the NAPBS Education Committee
About this document:
  • This document addresses US federal requirements as found in the Fair Credit Reporting Act (FCRA), 15 U.S.c. 1681 et seq. related to the procurement and use of consumer reports and investigative consumer reports (also known as background reports) for employment purposes. Although the FCRA also addresses the use of Consumer Reportsllnvestigative Consumer Reports for purposes other than employment, such use is outside the scope of this document. Additionally, this document does not address background screening requirements found in State law, International law, or regulated industries.


Commonsense Actions Can Limit Negligent Hiring Claims

Personnel Policy Service, Inc.
http://www.ppspublishers.com/articles/commonsense.htm
Points of Interest:
  • The best way to limit negligent hiring claims is to follow commonsense procedures to get as much information from the candidate as you can and then to verify the information before offering a position.
  • Educate your interviewers. Every interviewer should be familiar with your hiring policy and know what types of background checks are required.
  • Have each applicant fill out an application form, which you carefully review. Pay particular attention to gaps in employment and inconsistencies. Require references.
  • Question the candidate about any gaps in work history. Make sure you have an accurate timeline of past employment dates and know what happened during any periods of unemployment.
  • Check references. At a minimum, confirm the applicant’s dates of employment and positions. Try to get substantive information about past performance and disciplinary records.
  • Ask about criminal convictions. Remember, however, that asking about arrest information (as opposed to convictions) could violate state discrimination laws.
  • Perform background checks appropriate to the position being sought. For example, consider credit checks on candidates who will handle money, and review the motor vehicle records of potential drivers.
  • Document the steps you take to investigate the candidate.


Guide to Preventing Workplace Fraud: Taking Action to Reduce Business Crime Exposure

Chubb Group of Insurance Companies
http://www.chubb.com/businesses/csi/chubb5305.pdf
Points of Interest:
  • Workplace fraud is a common, everyday occurrence. Every business -- large or small -- is vulnerable to these crimes.
  • Workplace fraud can have a substantial impact on a business’s "bottom line" and even on its continued survival and success.
  • Although it is not possible to completely eliminate fraud, it is possible to reduce risk through effective measures. Proactive fraud risk management makes good business sense.
  • Background screening of potential employees should involve criminal history checks, credit reports, verification of employment and education, and drug testing.


ASIS Preemployment Background Screening Guideline, 2009 Edition

ASIS International
http://www.abdi-secure-ecommerce.com/asis/p-959-1867.aspx
(Free to ASIS members. Nonmembers may purchase.)
About the Guideline:
  • The guideline presents practical information concerning the value of preemployment background screening, the importance of the application form, important legal issues and considerations (such as the Fair Credit Reporting Act, privacy issues, state laws, rules and regulations), the key elements of preemployment background screening, the types of information to utilize in verifying the key elements, the use of credit reporting agencies in preemployment background screening, and an appendix of a sample preemployment background screening flow chart.


Background Check Start-Up Kit

A Matter of Fact
Background Check Start-Up Kit.
The Background Check Start-Up Kit provides a step-by-step process for getting started with employment background checks. Sample forms are provided.


Employment Background Checks: A Guide for Small-Business Owners

Privacy Rights Clearinghouse
Click for more information.


Background Checks: Four Steps to Basic Compliance in a MultiState Environment

SHRM Legal Report
http://moss07.shrm.org/Publications/LegalReport/Pages/CMS_004380.aspx (membership login required)
Purpose of the Article:
  • This article is designed to aid multistate employers who wish to comply with the most restrictive state laws on a uniform, nationwide basis.


How Do You Do a Background Check?

U.S. Chamber of Commerce
http://www.uschambersmallbusinessnation.com/toolkits/guide/P05_1500
Points of Interest:
  • Many people misrepresent their background and credentials.
  • It is important to check to see if what the applicant says about his or her background is true.
  • If your applicant will have contact with other employees or with customers, an important reason to do checking is to avoid negligent hiring claims.
  • If employees have significant contact with the public, customers, patients, or children, you need to be particularly careful about doing a thorough background check.


Restrictions on Criminal Record Checks

U.S. Chamber of Commerce
Click for more information.


California Background Check Law and FCRA Employer Requirements

Glenn Hammer
http://www.amof.info/ca-employer.htm
Purpose of the Article:
  • California Background Checks require special attention. California law places greater restrictions on information than does federal law. Following is a summary of the combined California employer requirements under the FCRA Requirements for Consumer Reports, the FCRA Requirements for Investigative Consumer Reports, and the CA Investigative Consumer Reporting Agencies Act (CA ICRA) Requirements for Investigative Consumer Reports.


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