Background Screen Challenges

​In addition to Non-Compete Agreements(discussed in January’s newsletter), another area of employment that is under careful review is Background screenings for applicants and employees.  Reasons include;

• Growing momentum behind "clean slate" – Many states have passed a “fair chance” law through automatic expungement or sealing of criminal records after a certain time period. While the law is meant to help people with criminal records access better jobs, employers will be limited on the amount of information that can be considered for hiring.
• Privacy laws that limit access to public records – Continued focus on candidate’s privacy and personal identifiers, such as date of birth, are becoming more limited. To have accurate screening, background screeners need to have access to this information to ensure the information is on the correct applicant.
• Ongoing challenges of balancing drug testing with expanded marijuana legalization – As marijuana is legalized in states, employers must determine how to handle situations where candidates or employees may legally use marijuana.

As an employer, a couple of ways to avoid any issues associated with background screens include;

• Using a reliable Background Screen company that is current with federal, state, and local laws. The Background Screen company can be a reliable resource for employers.
• Ensure new hire procedures and employee handbooks accurately reflect employer policies, as well as recent laws.

Since Background screening deals with employment, which is so fundamental to people's lives, more legislation is expected. For any questions or more information, contact;