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Employers have a duty under OSHA to provide a safe working environment. That’s why they do background checks to their potential employees. Perhaps the biggest reason for doing background checks on prospective employees is security and safety reasons. When they end up employing a person with violent characteristic, it would represent a disregard for that duty.

Similarly, when the person causes harm to anyone, like a vendor or client, the employer might be liable when there was an opportunity of learning about this violent trait, like existence of some public records of records of criminal history. There are other more limited reasons why employer can do background check, like when there was a discrepancy in application.

However, despite these good intentions, there are limits to what an employer can discover, which are going to be discussed in this article

Some Caveats of Background Checks Conducting

· An arrest is not a conviction. Therefore employers should be cautious not to make their decisions be influenced solely by an arrest. Some groups of individuals might unduly be affected by some discriminatory policy denying a potential employee a chance because of any arrest. Such arrests might not make an employee having criminal records somewhere in public domain.

· There are some checks that require employee consent, like credit checks among others. Therefore, such checks may be unlawful without such consent. Consult with your legal counsel, and get advanced permission prior to conducting such background screenings. If you use the credit rating of an employee as part of your background check, first be certain there’s a justifiable reason of doing so. Or else, this alone may be a form of discrimination when potential employee is disallowed based on credit alone. This is due to the fact that lower credit scores affect disproportionately some protected groups, therefore eliminating solely on this reason might create a disparate impact on the groups. Even with legitimate business reason, be certain you follow Fair Credit Reporting Act (FCRA) rules.

· Background checks may accidentally reveal information which discloses an employee’s inclusion in some protected group. Even when the information isn’t employed in the process of hiring, it’s risky for employer to have that information at this stage since it raises the probability of some discrimination claim. For this purpose, several employers hire third-party services to conduct the checks-and the service providers may only offer information which is pertinent to the hiring process. This insulates the employer from knowledge concerning protected group inclusion, and information which shouldn’t influence hiring process.

· There are several local, state, and federal laws limiting the kind of information an employer may seek out. Ensure to consult your local laws and get to know the limitations.

· Make sure your best background check is pertinent to the job. For instance, there’s perhaps no need of getting a driving record for a person who won’t be driving any company car in any capacity.

· Consistency in conducting background checks should be observed. Don’t do it only for some section of applicants, and not others looking for similar job. You can do this only after you have made your shortlist. However, it’s not right carrying it on people of particular groups, like immigrants and minorities.

· When a thing is uncovered during the process, consider providing the applicant the chance to share more information to shed light about the situation. There’s always a chance there is a mistake that may be rectified, or extenuating circumstance that may change the whole complexion of the situation.