5 EEOC Guidelines to Address with Criminal Background Checks

Companies check the background information of job candidates more often than not because they want to make an informed decision on the people they hire. When a background check comes back with negative items, it might influence the company to reject the candidate for the position. No matter the decision, the company needs to follow the five guidelines from the EEOC outlined in this post in order to comply with the law.

Job Decisions Cannot be Based on These Key Aspects

For starters, it is illegal for a company to decline a job candidate for a job based on their race, ethnicity, religion, age (40 or older), gender, color, sex, disability or family medical history. If for some reason a background check provides you with medical history, this information cannot be used to make a hiring decision.

Give Notice to Candidates about Background Checks

When wanting to perform a background check on a job candidate, make sure you inform the candidate of the check beforehand and let him or her know that the information obtained could be used to determine employment with the company. The notice must be provided to the candidate in writing and it must be separate from all other documents or notices. This notice cannot be included in an application for employment.

Acquire Written Approval for Background Checks

Another step you should take as a company is to acquire written approval from the job candidate that he or she will submit to a background check. If you plan to perform random checks while the person is employed at your company, make sure this is conspicuously noted to the employee prior to an employment offer and after the person signs his or her contract with your company.

Provide Candidate Notice about Report

When taking an adverse employment action with a job candidate, be sure to provide him or her with notice about the consumer report your company received and which company sold the report. This is required when basing an employment decision on the credit background of a candidate. You must also provide the candidate with a copy of the “A Summary of Your Rights Under the Fair Credit Reporting Act.”

Issue Reason for Action

Once you have come to a decision on employment regarding employment of a candidate, be sure to provide him or her with written, electronic, or oral notice of the decision. Let them know that the decision was made based on the information in the report and that the decision was not made by the company that sold your business the report.

Contact the recruiting experts at SmartTalent today to discuss the EEOC guidelines that need to be followed when performing background checks for job candidates.