Employment Background Check Sample Policy
Note: The following sample is a general summary only and should not be used without tailoring it for specific needs and circumstances and adding important details for legal compliance. Please understand that this sample is intended to serve only as a general overview of certain issues and should not be used as a substitute for legal advice tailored to a specific factual scenario. Readers should not act upon information in this sample without legal counsel review.Sample Employment Background Check Policy Summary
The Company will conduct employment reference checks, "investigative consumer reports," and background investigations on all candidates for employment prior to making a final offer of employment, and may use a third party to conduct these background checks. The Company will obtain written consent from applicants and employees prior to ordering reports from third-party providers, and will provide a description of applicant and employee rights and all other documentation as required by law to each applicant or candidate in accordance with FCRA and applicable state and federal statutes. All background checks are subject to these notice and consent requirements.
An "investigative consumer report" compiles information on a candidate’s general reputation, personal characteristics or mode of living. This information may be gathered online, through public or educational records, or through interviews with employers, friends, neighbors, associates, or anyone else who may have information about the employee or potential employee. In the pre-employment process, investigative consumer reports typically include such things as criminal records checks, education verification checks, and employment verification checks.
The type of information that will be collected by the Company in background checks may include, but is not limited to, some or all of the following:
- Private and government agency reports related to any history of criminal, dishonest, or violent behavior, and other reports that relate to suitability for employment
- Education (including degrees awarded and GPA)
- Employment history, abilities, reasons for termination of employment
- Address history
- Credit reports
- Social security number scans
- Civil court filings
- Motor vehicle and driving records
- Professional or personal references
The Company will conduct background checks in compliance with the federal Fair Credit Reporting Act (FCRA), the Americans with Disabilities Act (ADA), and all other applicable local, state, and federal laws and regulations. Applicants and employees may request and receive a copy of requested "investigative consumer reports."
A reported criminal offense conviction will not necessarily disqualify a candidate from employment. The nature and seriousness of the offense, the date of the offense, the surrounding circumstances, rehabilitation, the relevance of the offense to the specific position(s), and whether hiring, transferring or promoting the applicant would pose an unreasonable risk to the business may be considered before a final decision is reached. The Company will follow FCRA requirements, other applicable statutes, and Company procedures for providing information and reports, making decisions, and responding to applicants and employees regarding potentially adverse actions to an investigative report.
The Company reserves the right to withdraw any offer of employment or consideration for employment, or discharge an employee, upon finding falsification, misrepresentation, or omission of fact on an employment application, resume, other attachments, or in verbal statements, regardless of when it is discovered.
Background check reports shall be maintained in separate, confidential files and retained in accordance with the Company’s document retention procedures.
Note: Each employer must customize their own policy to comply with applicable regulations that may vary based on state and federal requirements, as well as their internal recruitment practices, to avoid potential claims of negligent hiring, violation of privacy rules, or other potential issues. For assistance in developing a policy customized to your company’s needs, contact HRManagerToGoConsultants.com.
Related Resources
- For additional details about what reports may be included in background investigations, see What Can Be Included In A Background Check
- For a summary of suggestions on what should be in a thorough background check, see Comprehensive Background Check: The Best Background Check
- For information about federal requirements for employers conducting background investigations, see the pdf file Notice to Users of Consumer Reports: Obligations of users under the FCRA
We thank Carole Edman of HR Manager To Go Consultants for the contents of this page. For questions, contact her at HRManagerToGoConsultants.com.
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