5 Best Practices for Screening Job Candidates

Last Updated: December 16, 2021

New background check rules can make it trickier for businesses to fully vet potential employees. Here are some best practices for screening your job candidates, Tania Fiero, vice president of human resources at Innovative Employee Solutions (IES).

It’s no secret that businesses need to know who their employees are before they hire them. After all, employees are the faces, voices, and values that make up the brand identity that consumers interact with. Employees define every brand. But while the importance of vetting employees hasn’t changed, checking into employees’ backgrounds has.

Not long ago, best practices for background checks were simple. Businesses could easily screen for criminal history and make hiring decisions accordingly. These days, the introduction of Fair Chance ordinances across the country has created more hoops and administrative steps for employers to go through — but it has also given people with criminal backgrounds or a blemish on their credit score a better chance of securing employment.

In 2012, the Equal Employment Opportunity Commission issued official guidance, setting a standard for employers to follow to ensure background checks were “job-related and consistent with business necessityOpens a new window .”

Over the past decade, the movement to “ban the boxOpens a new window ” has also gained speed. The campaign seeks to allow job candidates to present their qualifications and talents in the application process before they’re forced to check a box asking about their criminal record. This gives applicants a better chance to find work — especially if they have criminal charges on their records that are unrelated to the job or if they have paid their debt to society and made a change. So far, 35 states have put this practice into law for public employers and 13 states have done so for private employers.

On top of that, many cities and states now restrict the use of credit checks for employment purposes altogether, though it’s allowed in some instances including certain managerial, law enforcement, and financial positions.

Emerging Tech Can Help

In light of so many regulations, many businesses make mistakes with background checksOpens a new window . Some try to get around checks by hiring candidates while waiting for them to come through, but this approach can mean the employer has to have very difficult conversations if a problem arises.

Although the laws around background checks have become more complicated, technology has emerged to help. In the past, background checks were handled by court runners, which was an archaic method that involved someone visiting courthouses in person and searching through records to find the relevant information.

While many sensitive documents still require this kind of attention, innovative background screening solutions have arrived on the market. For example, Vetty, identity, and background verification platform allow job candidates to arrive “pre-cleared” so employers can interview and hire straight away.

5 Best Practices for Conducting Background Checks on New Employees

As the best practices for background checks evolve, HR professionals need a secure and reliable pre-employment vetting process so they can get on with the important work of choosing the right person for the job. Here are five fail-safe guidelines to follow:

1. Know What Screenings You Need.

The first crucial process to have in place is to know which screenings are lawful for candidates. Depending on what state you’re hiring in and what position you’re hiring for, the checks you can request will be different.

We used to have to do this the hard way. When a request for a background check came in, we needed legal to review state, federal, and local laws for us, sometimes delaying the process by days. But we now use a resource provided by Ogletree Deakins (OD Comply) that helps us determine the appropriateness of the screening in under 30 minutes. This speeds up the process reliably and safely.

2. Work With a Professional.

To complete the background checks you need, you’ll have to provide background authorization forms, city and state notice and disclosure forms, and Fair Credit Reporting Act (FCRA) pre-adverse and adverse action notices. A human resources professional or legal counsel can shed light on the paperwork.

I’ve known many confident business leaders who’ve become totally overwhelmed by the myriad forms required to check the background of a potential employee. Working with someone who’s seen it all before can be reassuring.

3. Do Not Allow a Candidate to Start a Job Before Completing All Background Checks.

It can be tempting to assume that this smiley, a well-qualified candidate is a sure thing for a clean background check. But if you start employing an unchecked candidate, the risks far outweigh the benefits.

We once had a client that onboarded a candidate before the results of the person’s drug screening came through. The candidate got to work, even began a project with a government contractor, and then received a positive test for marijuana. Although the person lived in a state that allowed recreational use of the drug, it was still illegal under federal law. So it turned into a huge waste of time for everyone involved because it wasn’t worth the shortcut.

4. Conduct an Individualized Assessment on Complicated Records.

Sometimes you’ll encounter a candidate with a more complicated history, and you’ll need to conduct a more custom assessment. If, for example, your check reveals a record that could potentially lead to an adverse employment decision, you’ll need to do some more investigative work.

This is actually one of the good things to come out of the new legislation around background checks. Increased nuance in the hiring process allows qualified, reliable individuals — those who have paid their debt to society and turned their lives around — to succeed in a job they love.

The EEOC has information available to help guide you as to what questions to ask in an individualized assessment.

Learn More: 5 Places to Look Before You Choose a Background Screening SolutionOpens a new window

5. Be Consistent With Your Hiring.

Mistakes are made when different rules apply for different candidates. Don’t make the background check process more complex than it needs to be. By keeping a consistent system, you can’t go far wrong. That includes maintaining clear records and comparing findings with prior and comparable cases to ensure you’re using the same criteria each time.

We keep a simple Excel spreadsheet in our HR records. It contains the name of the candidate, the date the person applied for work with us, the date of the offense, the type of offense, any circumstances that were considered at the time we made the hiring decision, and the ultimate decision of whether the person was a candidate we could hire. We can refer to this document quickly and easily, allowing us to have confidence in our decisions. 

The rules surrounding background checks are changing all the time, but they’re still an essential part of hiring and creating your dream team. Don’t let legal complications get in the way. Establish your own system using these best practices, and put your company in good hands.

Learn More: Boosting Background Screening EffectivenessOpens a new window

Tania Fiero
Tania Fiero

Vice President of Human Resources, Innovative Employee Solutions

Tania Fiero is vice president of human resources at Innovative Employee Solutions (IES), a leading nationwide employer of record that specializes in payrolling and contractor management services for today's contingent workforce. Founded in 1974 in San Diego, IES has grown into one of the city's largest women-owned businesses and been named one of its "Best Places to Work" for 10 years in a row.
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