Background Check: What Should You Dos and Don’ts

Background checks often used by employers, landlords, and various institutions, serve as essential tools for verifying an individual’s history and credibility. When conducting these checks, it’s crucial to adhere to some guidelines.

Dos include obtaining the subject’s written consent, ensuring the background check is relevant to the role or position in question, using trusted and accredited services, and providing candidates an opportunity to dispute or explain any negative findings.

It doesn’t encompass refraining from discriminatory practices, avoiding decisions based solely on arrest records without convictions, not overstepping on privacy rights, and steering clear of any non-compliant methods that might infringe on local laws or regulations.

Adhering to these dos and don’ts ensures that background checks are conducted ethically, legally, and fairly for all parties involved.

Background Checks: What You Dos

Conducting a background check is a responsibility that comes with several key actions to ensure it’s both effective and ethical. Here are the primary “Dos” when undertaking a background check:

1. Obtain Consent: Always get written permission from the individual you’re investigating. This is not only respectful but often a legal requirement.

2. Be Transparent: Communicate the purpose of the background check to the individual and, if necessary, specify the types of information you’ll be seeking.

3. Use Reputable Sources: Ensure you’re using a trustworthy and accredited background check service. Reliable sources provide more accurate and up-to-date information.

4. Ensure Relevance: Make sure the information you seek is pertinent to the role or position in question. For instance, a driving record might be relevant for a delivery job but not for a desk job.

5. Provide Feedback: If the background check yields information that might affect your decision, inform the individual and allow them an opportunity to explain or dispute the findings.

6. Stay Updated on Laws: Regularly update your knowledge of local and federal laws related to background checks. These laws can change, and non-compliance can lead to legal issues.

7. Protect Data: Safeguard any personal information obtained during the check. It should be kept confidential and secure, accessible only to those who need to see it.

8. Be Consistent: Ensure that you’re consistent in your approach. If you’re an employer, for instance, the criteria for background checks should be similar for all candidates applying for the same position.

9. Document Everything: Maintain a record of the checks you’ve performed, the results, and any actions taken as a result. This documentation can be crucial for transparency and in case of any disputes.

10. Stay Objective: It’s essential to interpret the results of a background check objectively. Don’t let personal biases influence your understanding of the information.

Background Checks: What You Don’t

When conducting a background check, it’s just as crucial to understand the actions or approaches you should avoid as it is to know the proper steps. Here are the primary “Don’ts” to keep in mind during a background check:

1. Discriminate: Never use information from a background check to discriminate based on race, nationality, gender, religion, disability, or any other protected class.

2. Skip Consent: Avoid performing a background check without obtaining written consent, especially where it’s legally required.

3. Rely Solely on Internet Searches: Searching for someone’s name online can provide a skewed or incomplete picture. Rely on reputable sources for a comprehensive view.

4. Overstep Privacy Boundaries: Avoid prying into areas that aren’t relevant to the position or purpose of the check, and respect an individual’s right to privacy.

5. Ignore Local Laws: Different jurisdictions have various regulations regarding background checks, especially concerning employment. Not adhering to these can lead to legal consequences.

6. Use Arrest Records Indiscriminately: In many places, it’s not permissible to use arrest records that didn’t lead to convictions as a basis for employment decisions.

7. Forget to Share Results: If an adverse action (like not hiring an applicant) is taken based on the result of the background check, many jurisdictions require that the individual is informed and given a copy of the report.

8. Keep Outdated Information: Avoid using or keeping old background check information that may no longer be relevant or accurate.

9. Ignore Disputes: If an individual disputes the information found in their background check, take the time to investigate and verify the accuracy of the disputed information.

10. Be Inconsistent: It’s crucial not to apply different standards arbitrarily. If you’re an employer, make sure the depth and nature of background checks are consistent for all candidates for the same role.

Balancing Act: The Dos and Don’ts of Online Background Checks

Online background checks have become an accessible tool for various purposes, from employment vetting to tenant screening. However, the ease of online checks brings forth challenges in ensuring accuracy, privacy, and fairness.

Dos include obtaining the individual’s consent before the check, using reputable online platforms, and staying updated on local regulations. Always provide feedback if the information might affect any decisions, and ensure that the data sought is directly relevant to the purpose of the check.

On the other hand, Don’ts involve refraining from making snap judgments based solely on online findings, avoiding discriminatory actions based on the results, and not overstepping privacy boundaries.

It’s also pivotal not to rely only on cursory internet searches, as they can often provide a skewed picture. While online background checks offer convenience, they require a careful balancing act to ensure they are used ethically and responsibly.

Conclusion

Background checks, while invaluable in many professional and personal contexts, come with a significant responsibility to ensure fairness, accuracy, and respect for individual rights. Dos revolve around principles of transparency, data security, and utilizing trustworthy sources.

These checks should be approached with a clear purpose in mind, ensuring relevance and consistency. The Don’ts highlight the pitfalls of misusing or misinterpreting information, such as discrimination, invasion of privacy, and inaccurate data. It’s essential to remember that every individual has a right to privacy, fairness, and the chance to dispute or clarify discrepancies.

FAQs

Do I need permission to run a background check?

In most cases, especially for employment, tenant screening, or credit checks, written consent is required. Always consult local laws to ensure compliance.

Why are background checks conducted?

They are often used by employers to assess a candidate’s qualifications, character, and potential risks. Landlords might use them to evaluate prospective tenants, and they can also be used for credit checks, gun purchases, or adoption processes.

Can I dispute the results of a background check?

Yes. If a decision is made against you based on the results, you often have the right to see the report and dispute inaccuracies.