The effects of COVID-19 are felt across all industries and business types. As you conduct background checks in your employee hiring process, consider following these best practices to mitigate risk, writes Tim Dowd, president and COO at Accurate Background.
The effects of the global COVID-19 pandemic are being felt across all industries and types of businesses. No company has been immune to the effects of this global health crisis. The way we do business has been impacted in every way imaginable. While many businesses are experiencing slowdowns and stalled growth, others are experiencing surges. Healthcare providers, grocery retailers, delivery services, and online learning companies are a few of the industries that continue to experience unprecedented demand for services. This means an increased need for more workers. Amazon hiredOpens a new window 100,000 additional workers across the U.S. and announced that they have created another 75,000 jobs to meet customer needs.
As we all see our way through these uncertain times, companies of all shapes and sizes are taking steps to maintain business operations and at the same time, in many states we anticipate businesses reopening in the coming weeks and months. For some businesses, that means bringing furloughed employees back to work, while for others it means transitioning current employees into new roles or hiring for essential roles.
When an employer needs to hire and onboard new or returning employees at an accelerated pace, it is still critical to maintain proper background checks and follow best practices. This is especially true for businesses that rely on sensitive employee-to-customer interactions. If your business is currently hiring or planning to reopen soon, it is critical to recognize what has changed in the background check process, as well as what steps need to be taken to ensure that your background screening program is following proper procedures.
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What Has Changed in Employment Background Checks?
During the COVID-19 pandemic, what has changed in the hiring process as related to background checks? First, due to several factors, the information needed for background checks may be delayed or may not be as readily available. These delays will impact the ability of an employer to conduct timely and thorough background checks on job applicants.
Courts and other public records repositories are closed or difficult to access, making it challenging to obtain much-needed screening information. Where electronic access is limited, clerks may not be present to provide data, or there may be restricted access at courthouses because of social distancing practices. Shelter-in-place orders or business closures may impact an organization’s ability to provide information like employment verifications and education information.
Second, the lack of available information for background checks may make it difficult to complete verification promptly before a worker’s start date or could reveal potentially disqualifying information after the employee has already been hired.
Beyond the screenings needed for new employees, many companies are transitioning current employees into new roles as they adjust staffing to meet new demands. For example, a restaurant server could be transitioning to a delivery position, and for others, it means reinstating furloughed employees as businesses reopen. These changes may trigger the need to conduct new, appropriate background checks for the new role. As companies move to hire quickly for in-demand positions and reinstate furloughed employees, they need to ensure consistency in the background checks performed for current employees in specific roles and new employees who are hired for the same position, even during COVID-19, to avoid the risk of potentially discriminatory hiring practices.
What Has Not Changed in Employment Background Checks
It is also important to note what has not changed when it comes to conducting background checks. Employers must also be aware that, despite the circumstances surrounding the COVID-19 pandemic, they must still fully comply with the Fair Credit Reporting Act (FCRA). FCRA procedures and requirements are still in effect, and FCRA disclosure and authorizations are required as usual to perform a background check. Although hiring processes may be fast-tracked, a stand-alone disclosure form, authorized in writing by the applicant, is required to conduct any type of background check – criminal, credit, or education, to name a few.
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Best Practices to Consider for Background Checks Post COVID-19
As businesses navigate hiring right now, here are some best practices to consider trying and mitigate risk. If you find yourself in this position, it is important to understand the potential risk of hiring a new employee before their background check has been completed. As with all hiring practices, we recommend consulting your legal counsel for advice related to your company’s specific situation.
1. Ensure that your company’s offer letters are clear and unambiguous about the status of a background check. Include language that specifically states that the offer of employment is contingent and conditioned upon the successful completion of a background check, which may occur before or after the start date.
2. Ask applicants to self-disclose their criminal history. As a best practice, you want to make this request after a conditional offer, but before a new hire is onboarded. This allows individuals to be forthcoming and allows the company to do an individual assessment. Make sure to ask this question in a manner that is legally compliant for your jurisdiction and does not conflict with any ban-the-box laws.
3. Develop a process with your background check provider to flag any open searches and/or provide status reports, so that you can easily follow up on them later when courts and organizations have opened back up and information searches are available again.
4. Consider providing a new disclosure form and additional authorizations (especially in California) later in the hiring process.
5. Revise pre-adverse and adverse action letters to cover incumbent employees. Make sure language is appropriate and specific by role.
6. Provide hiring managers with talking points and direction regarding current hiring processes and procedures. This is important for them to be able to communicate with applicants.
7. If you have current employees that have changed roles, review your background screening policy and make sure the appropriate background checks are conducted based on the employee’s new role, and in compliance with your documented policy.
8. In the coming months, many companies will reopen their businesses and will need to implement screening processes for employees returning to work. As they work with a screening provider to implement a consistent program, considerations should include the duration of the layoff or furlough, level of supervision, independence, and any safety sensitivities in the role.
Whatever path your company chooses to take, you must work in tandem with your legal advisors, as well as a reputable background screening provider. Both professional services can help you navigate through these uncertain times, especially if you are bringing on an extended workforce at an accelerated pace.
Which background check best practices are you following to mitigate risk during recruitment? Lets us know on LinkedInOpens a new window , TwitterOpens a new window , or FacebookOpens a new window .