• Watch for information gaps. Ensure that the applicant certifies past employers and explains terminations and gaps in employment.
• Use an accredited background screening company. Ensure that your background screening company is backed by the Background Screening Agency Accreditation Program (BSAAP).
• Simplify the screening process. Having an (ATS) Applicant Tracking System or other process that directly interacts with your screening firm saves time and error.
• The Federal Fair Credit Reporting Act (FCRA) regulates employment screening and outlines consent, disclosure and notice requirements for employers that use third parties to conduct background checks on job applicants and employees. Review all forms to ensure compliance and be aware that in addition to the FCRA, many states have additional requirements.
• Review state and local requirements of "ban-the-box" laws that prohibit employers from asking about criminal history on job applications. Employers in these jurisdictions must wait until a later point in the hiring process to ask.These laws are meant to combat the stigma attached to incarceration.
• Understand limits on credit and salary history inquiries. Many states are banning salary history requirements altogether, a trend we will continue to see gain traction among other states as determining a new hire's pay based on prior compensation may perpetuate disparities. Ultimately, employers should be able to show the business necessity and job relevancy of credit history information.