5 Most Important Aspects of Pre Employment Background Check No matter what is the size of your business, a pre employment background check is a necessary hiring procedure if you want to avoid costly hiring mistakes and lawsuits. Remember those days when a simple reference check and some phone calls were enough to screen new employees? Well, those days are over, and we are in the era of pre employment background check practices. Because of security concerns, workplace violence and corporate scandals, the pre employment background check is gaining more and more ground. Basically, a pre employment background check is a process which tries to determine identity and background when hiring a new employee. In fact, the pre employment background check is a very popular method of pre-employment screening, more popular than psychometric testing and drug testing. Surveys show that about 96% of Human Resources representatives report that their companies use the pre employment background check of new hires, up by 50% in comparison with 1996.
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Before you enroll on undertaking a pre employment background check, here are the legal aspects to consider. 1. The Fair Credit Reporting Act (FCRA). Under the provisions of the FCRA, your company is required to obtain from the applicants a disclosure form granting authorization to conduct a pre employment background check on them. The provisions do not cover only credit reports, but all consumer reports relevant to a pre employment background check. However, laws vary from state to state in what data can be used during the pre employment background check. 2. The Driver’s Privacy Protection Act. Usually, a pre employment background check also includes a DMV record check. However, under the Driver’s Privacy Protection Act (DPPA), the personal information of an individual cannot be released if the person requesting it does not have a permissible use. 3. The American with Disabilities Act (ADA). Under ADA, employers are prohibited to use medical or disability data in their pre employment background check. Simply put, you cannot inquire during the interview, hiring or pre employment background check process about a person’s disabilities. 4. Other legal provisions. Different states have different legal frameworks, such as the Investigative Consumer Reporting Agencies Act which exists in California. Make sure you check any regulations which may apply to your pre employment background check in your state, before going a little too deep into the background of a new hire. Consult your legal counsel and your local regulators to avoid stepping on a potential legal landmine during the pre employment background check. 5. Consider outsourcing the pre employment background check of your applicants. One solution for small businesses conducting a pre employment background check for each new hire is to employ the services of a professional background check agency. Using existing databases will save a lot time, not to mention that you will not have to go through the legal hassle of the pre employment background check process. One example of such a service is www.BackgroundSearch.com, a background check company specialized in accumulating publicly available information from all over the United States. Easy Search Steps: - Enter name in search form
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