8. Ask the vendor if they update you on changes in legal requirements at the state and federal level.
9. Check to see if the vendor is knowledgeable about conducting a ‘Relevance Screen’ ( identifies the convictions to consider based on job criteria) to ensure compliance with EEOC and OFCCP Guidelines.
10. If your firm will be conducting background checks on applicants from or in other countries, verify that the vendor is Safe Harbor certified by the U.S. Department of Commerce. (Also check the International Resource Center at
PreemploymentDirectory.com for additional information.)
III. Policies and Procedures
1. Does the vendor certify that all staff, regular, part-time and temporary, have been criminally screened at time of hire and ongoing checks are made to ensure employees continue to have acceptable work histories? This should be a contractual agreement that is part of the service delivery contract.
2. Does the vendor have a written policy and procedure in place to avoid contacting a current employer if the applicant has requested that they not do so?
3. Review the vendor’s policy regarding making employment verification calls to verify the number of times the vendor will attempt before closing the search and ensure this meets with your requirements.
IV. Information Technology and Systems
1. Does the vendor have the capability to interface and/or integrate their screening solution with your HRIS and/or Applicant Tracking System (ATS) to allow information to seamlessly flow in and out of your organization’s HR system in a secure manner?
2. With great advances in smart programming systems, predetermined hiring criteria can be programmed into a system so each report on an applicant is graded consistently and fairly. Using rules that apply to the various searches conducted during background screening, a system can electronically evaluate all the information to yield individual search decisions, as well as an overall recommendation. Does the vendor have this ability to help you create a ‘smart’ system?
Sounds like a great idea! If you choose to set up this type of process, you need to exercise great caution to ensure that your system does not simply identify ‘pass/hir e’ or ‘fail/no hire’ decisions. Otherwise, with the new EEOC Guidance on the use of criminal records in background screening you will likely put yourself on a collision course with the EEOC.
The new guidance recommends tailoring screening procedures to ensure that they are job related and consistent with business necessities; these procedures should include an individualized assessment that considers the following:
-
Identifying essential job requirements and the actual circumstances under which the job will be performed;
- Determining the specific offenses that may demonstrate unfitness for performing the jobs; and - Determining the duration of exclusions for criminal conduct based on all available evidence.
Remember all selection criteria used must be job related and have business justification. Ideally, the criteria should be included in a job description and reviewed by your labor attorney.
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