An Update on Background Checking: What Did Ernie the Employee REALLY Do Last Year?

I’m back from a whirlwind tour of Detroit, Niagra Falls, Toronto, and (whew!) Chicago. The Falls were the best, especially if you enjoy getting soaking wet in a jet boat. Forget Maid of the Mist!

Now, back to the law, what about background checks? In this HrHero.com posting, you will learn some very interesting answers to questions like:

Should all employers conduct extensive background checks?

If you do background checks, should you perform them for all applicants, or can you pick and choose?

Can you pay someone to conduct the check?

What types of questions should you ask references as part of conducting a background check?

Is there any problem if you fail to conduct a background check?

Should all employers conduct extensive background checks?

Answer: No, but certain industries/jobs that one should seriously consider a background check for include “health care, childcare, eldercare, security, law enforcement, and education; jobs involving interaction with the public (particularly vulnerable members of the public) and/or work in customers’ homes or offices; and jobs in which employees handle financial or other sensitive data.”

If you do background checks, should you perform them for all applicants, or can you pick and choose?

Answer: Once you have chosen to check for a particular job type, you should assess all candidates in that job type. Make sure you have a good business reason for screening in that job type.

Can you pay someone to conduct the check?

Answer: Yes, but look out for FCRA!

What types of questions should you ask references as part of conducting a background check?

Have you seen Bill’s most current resume? Let me tell you what it says about his former job responsibilities and his accomplishments — is that a fair description?

How does Jane resolve conflicts?

Do you believe that Fred is a trustworthy individual? Why or why not?

P.S. Beware that under ADA, if the question is illegal for you to ask the candidate, you can’t ask the reference the question about the candidate!

Is there any problem if you fail to conduct a background check?

Answer: Some states may have laws about negligent hiring that are relevant here.

Go here for more details.

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