How to Effectively Handle Failed Background Checks

City Personnel

A failed background check for a job candidate can stir up significant challenges for employers. Obviously, hiring the wrong fit can be detrimental to your business. Plus, there are laws that must be taken into consideration when an individual fails their screening checks. Let's cover how you as an employer should approach complicated situations where your candidate fails a background check so that you stay in accordance with relevant regulations while also minimizing any negative impacts on your company’s operations and reputation.

A background check is an in-depth review of an individual’s past, including criminal history. The purpose of doing this type of due diligence is to ensure that the person being hired is reliable, trustworthy, and has the appropriate qualifications and qualifications required for the job.

What Is A Background Check, And Why Is It Important For Employers?

Background checks can vary greatly depending on the job and the employer. For instance, a background check may include running a criminal record search, verifying references, checking education and employment history records, searching public records such as court cases or bankruptcies, conducting financial background checks, and more.

What Is A Background Check, And Why Is It Important For Employers?

When an employer orders a background check on a potential applicant, the results of that check could have a big impact on the hiring decision. While some background checks may come back with clear results, others may fail due to various reasons. In such cases, it is important for employers to fully understand the legal frameworks for handling these failed checks and any associated risks.

Understanding The Legal Frameworks For Handling Failed Background Checks

Depending on the jurisdiction and industry sector, different laws and regulations may apply. For example, in some jurisdictions, employers are not allowed to consider criminal records older than seven years, while in other jurisdictions, they can consider any criminal record regardless of age.

Understanding The Legal Frameworks For Handling Failed Background Checks

It is also crucial for employers to understand their obligations when communicating information related to the failed background check with the potential applicant. The Fair Credit Reporting Act (FCRA) requires employers to provide written notice prior to taking any adverse employment action regarding a failed background check and allow applicants enough time to review their report and dispute any inaccuracies if needed before making a final decision about them.

Understanding The Legal Frameworks For Handling Failed Background Checks

First of all, employers must always maintain confidentiality and respect for the applicant’s privacy. This means not discussing their results with anyone else besides those within the organization who actually need to know about them. Employers should also provide full disclosure to the applicant on why they failed the check, how their results were obtained, and what rights they have under applicable laws or regulations.

Best Practices For Employers When An Individual Fails Their Screening Check

It is important to note that while some information may be disqualifying to an employer’s standards, it may not necessarily be illegal or violate any state or federal law. That being said, if an individual fails their screening check due to any type of criminal history—even if it is not recent or relevant—employers should take extra care in making sure that any decision regarding the candidate’s disqualification is based on factors other than race, color, religion, sex (including pregnancy), national origin, age (40 or over), disability or genetic information.

Best Practices For Employers When An Individual Fails Their Screening Check

Employers should also keep in mind that failing a background check does not necessarily mean that an individual is automatically disqualified from consideration for a position. Depending on the facts of each case, certain circumstances may exist which allow employers to look at mitigating circumstances and consider exceptions to their policy guidelines in regard to hiring decisions related to failed screening checks.

Best Practices For Employers When An Individual Fails Their Screening Check

By following these steps, employers can help ensure better outcomes for both themselves and applicants when faced with failed background checks situations. To learn more about handling failed background checks, visit our new blog!

Summary Of Advice And Preventative Measures When Handling Failed Background Check Situations

Learn More