3 Background Check Compliance Best Practices for 2016
Employers and human resources leaders have seen several changes to their background check process and policies in the last few years. Today, the increasing number of class-action lawsuits and ever-present threat of data breaches have prompted employers to review their current screening practices and apply proper safeguards to protect patients and their sensitive healthcare information.
Earlier this year, Roy Maurer, Talent Acquisition Editor at SHRM, published an article discussing today’s employment screening trends and Vu Do, PreCheck’s Vice President of Compliance, provided insight on issues currently affecting HR and hiring managers. Based on the concerns raised in Maurer’s article, here’s what Do has to say about background check compliance in 2016.
1. Focus on Issues Involving the Accuracy of Information
There will be an increased governmental oversight and enforcement of the background screening industry, with a particular focus on issues involving the accuracy of information included on an applicant’s consumer report. As a consumer statute, the FCRA regulates consumer reporting agencies (CRA) like background screening firms and end-users like employers who rely on background checks to ensure information used to make employment decisions is accurate, complete, and that consumers have a role in that process.
Even strictly from a business and customer service perspective, CRAs are committed to accuracy because they want to help their clients make appropriate and well-informed decisions based on the most accurate information. The screening firm doesn’t want to create a negative applicant experience for their clients’ hiring efforts.
2. Spread of Ban the Box Movement
Practically, on a monthly if not weekly basis, employers across the country are hearing about the various forms of proposed or passed Ban the Box legislation at the city, county and state levels. Even at the federal level with President Obama calling on the Office of Personnel Management to issue fair chance guidance affecting federal jobs, Ban the Box popularity shows no sign of abating. If anything, this widely adopted public policy in support of hiring reform may possibly have a positive effect on other forms or reintegration effort beyond employment that would restore certain rights to or reduce restrictions for people with criminal history.
3. Review ATS Integrations with Screening Partners
As employers become increasingly aware of legal risks associated with noncompliant background check disclosure and authorization forms, they’ll not only need to ensure their screening partners are well versed, but that their ATS integration also accommodates the technical requirements that can be fairly nuanced. It is critical that the employer partners with a collaborative ATS partner willing to work with the screening provider to ensure the release form is displayed and behaves properly in the system. While the screening provider may be able to provide more FCRA guidance around these areas than their ATS partner, it’s critical that employers rely on knowledgeable counsel to review and approve forms and processes.
Due to the ever-changing regulatory landscape of healthcare, employers are advised to review their background check policy on a routine basis. When was the last time you’ve reviewed your screening program? Contact us today and ask how PreCheck can help you implement a comprehensive background screening program tailored for your healthcare organization.