Before you use a criminal background check like Sterling Check, you may want to learn more about how they work. This article will cover the benefits of criminal background checks, ban-the-box laws, and the information a background check can uncover. We will also discuss how to comply with these laws. Lastly, you should know that a criminal history check can be used as a basis for anti-discrimination laws.
Benefits of criminal background checks
Background checks are an essential part of hiring and firing practices. Many employers use them to ensure the quality of the applicant pool and avoid liability related to criminal activity. They can uncover important details about a candidate, such as their criminal record, previous arrests, and employment history. This allows employers to make more informed hiring decisions and avoid potential liability for hiring employees with criminal backgrounds. The benefit of conducting a background check for potential employees is not only to avoid disciplinary issues but also to avoid liability if an employee has a history of theft or violence.
While criminal background checks may be invasive, they are not illegal. The applicant is entitled to a free copy of the report and the right to dispute its information. In addition, there are laws governing the use of criminal background checks in the workplace. These laws balance an applicant’s right to fair and legitimate employment opportunities and the employer’s right to make sound hiring decisions. Despite the legal protections, you should still use caution when requesting a criminal background check.
Ban the box laws
The ban-the-box laws apply to employers with more than ten full-time employees in some states. It allows applicants to disclose their criminal history, and employers can consider those qualifications when hiring someone. In the meantime, employers can continue to perform background checks to ensure compliance with the laws, such as removing the prior conviction question from the application. The first step is to educate yourself about your state’s ban-the-box laws and the requirements.
Many employers are still unsure whether they must run a criminal background check before hiring a new employee. Many employers may believe that the use of such background checks is not necessary or even legal. However, the EEOC and state attorneys general are increasingly bringing lawsuits against employers who do not comply with the ban-the-box laws. Companies like Marshall’s and Big Lots recently paid large fines for asking applicants about their criminal history. These lawsuits served as a wake-up call for employers who may have ignored the ban. In addition to statewide laws, many states have adopted policies and procedures that apply to private companies.
Information uncovered in a criminal background check
When conducting a criminal background check, consider the types of records that may appear. Federal background checks will include information from all federal courthouses, whereas state criminal records are available only from a limited number of jurisdictions. In addition, federal background searches are updated in real-time and do not include higher felonies. Information uncovered in a criminal background check may be a valuable tool for a prospective employer.
There are a variety of types of background checks available, each with different revealing types of personal information. Employers and employees should know what information will be disclosed in a background check. Because this type of information is sensitive, it must be stored and protected according to privacy protection laws. Federal laws governing background checks are the Fair Credit Reporting Act and Equal Employment Opportunity Commission, and state guidelines may apply.
Anti-discrimination laws
While federal and state laws prohibit discrimination based on protected characteristics, such as race or age, hiring based on a criminal background is not always compliant. However, the Equal Employment Opportunity Commission recognizes that some groups would be disproportionately affected by such practices. Therefore, the commission recommends that employers consider certain factors when making hiring decisions, including the age of an applicant or employee.
Because of the disparate impact of these policies on certain populations, employers need to use these background checks responsibly. The EEOC enforces federal anti-discrimination laws and issues guidance advising employers to avoid disparate impact by criminal background checks. If you believe that your employment decision has violated anti-discrimination laws, contact the EEOC. In addition, many state and federal agencies have policies allowing people with criminal backgrounds to compete for federal jobs.
Identifying dangerous convictions
There are many advantages of conducting background checks on a prospective hire. Not only can you minimize the risk associated with hiring a new employee, but you can also identify any dangerous convictions they may have. The best part of background checks is that they can give you valuable information about potential employees’ past criminal histories. This information is invaluable to business owners and managers because it may lead to risky situations for your business.
According to a survey by the Society for Human Resource Management (SHRM), 86 percent of employers do a criminal background check on each applicant. More than half of them said that a criminal conviction would have a minimal impact on their decision-making process. However, one-third of employers say that they will never hire a potential employee based on their criminal history, even if they have been arrested in the past.
