Background check

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A background check is a process used by an organisation or person to verify that an individual is who they claim to be, and check their past record to confirm education, employment history, and other activities, and for a criminal record. The frequency, purpose, and legitimacy of background checks vary among countries, industries, and individuals. An employment background check typically takes place when someone applies for a job, but it can also happen at any time the employer deems necessary. A variety of methods are used to complete these checks, including comprehensive database search and letters of reference.

Contents

History

In America

In the 2000s, background checks became far more common after 9/11. [1]

Purposes

There are 17 common types of background checks employers use to verify a new hire. The checks can include:


Each check is briefly explained along with its purpose and how it helps employers make informed hiring decisions. [2]

Employment screening

Employers often request background checks on job candidates for employment screening, especially for candidates seeking a position that requires high security or a position of trust, such as in a school, courthouse, hospital, financial institution, airport, and government. Background checks in the corporate realm have become a commonplace practice for many companies, aimed at mitigating legal liabilities and preventing adverse actions within their workforce.

They can also be requested when purchasing a firearm (from a legal authorization). A government agency traditionally administers these checks for a nominal fee, but private companies can also administer them. [3] Results of a background check typically include past employment verification, credit history, and criminal history. The objective of background checks is to ensure the safety and security of the employees in the organization. [4]

These checks are often used by employers as a means of judging a job candidate's past mistakes, character, and fitness, and to identify potential hiring risks for safety and security reasons. Background checks are also used to thoroughly investigate potential government employees to be given a security clearance. [3] However, these checks can sometimes be used for illegal purposes, such as unlawful discrimination (or employment discrimination), identity theft, and violation of privacy. [5]

Checks are frequently conducted to confirm information found on an employment application or résumé/curriculum vitae. One study showed that half of all reference checks done on prospective employees differed between what the job applicant provided and what the source reported. [6] They are also conducted as a way to differentiate potential employees further and pick the one the employer feels is best suited for the position. Employers are obligated to ensure their work environment is safe for all employees and helps prevent other employment problems in the workplace. [7]

Firearms purchases

In the United States under the Gun Control Act of 1968, citizens and US residents must be 18 years or older to purchase shotguns, rifles, or ammunition. All other firearms – such as handguns – can only be sold to individuals 21 or older. Restricted firearms (like machine guns), suppressors, explosives or large quantities of precursor chemicals, and concealed weapons permits also require criminal checks. [8] Checks are also required for those working in positions with special security concerns, such as trucking, ports of entry, and airports (including airline transportation). [9] Laws exist to prevent those who do not pass a criminal check from working in careers involving the elderly, disabled, or children. [10]

Pre-employment screening

Pre-employment screening refers to the process of investigating the backgrounds of potential employees and is commonly used to verify the accuracy of an applicant's claims as well as to discover any possible criminal history, workers compensation claims, or employer sanctions. [11]

Brazil

The Brazilian legal system prohibits discrimination against people. Many people consider background checks to be discriminatory.

Regulation and Laws on Background Checks

Netherlands

It is the responsibility of the employer to treat all personal information collected from the employee as confidential information and to limit the access to this information within the organization. The employer cannot retain the personal information from the applicant and must have protective measures in case of data breach. The employer must give the applicant the ability to access the personal information being held about them. Dutch Data Protection Authority must be notified of the background check. [12]

Restrictions and Laws on Background checks

Poland

The first Polish research on the issue of pre-employment screening shows that 81% of recruiters have come across the phenomenon of lies in the CVs of candidates for the job. [13] It is the responsibility of the employer to collect necessary information and to protect it so that only certain people in the organization can access it. The applicant must receive a copy of the background check so that the applicant has the opportunity to make sure that the information in the background check is correct. The employer is not permitted to keep the personal information for a longer period than necessary. [12]

Restrictions and Laws on Background checks

United Kingdom

The employer has to treat the personal information from the applicant as confidential. The applicant has to receive a copy of the background to check or update the information that appears on the background check. The employer can not retain the information more than it is necessary. The employer has to give any one who comes in contact with the information of the applicant a code of conduct. The company has to go through an audit to make sure they are complying and protecting the data. [12]

Restrictions and Laws on Background Checks

During the 2007–2008 financial crisis, the level of fraud almost doubled. [14] Background-checking firm Powerchex claimed the number of applicants lying on their applications increased after the start of the 2007–2008 financial crisis. [15] In 2009, Powerchex claimed that nearly one in 5 applicants has a major lie or discrepancy on his or her application. [16] Almost half (48%) of organizations with fewer than 100 staff experienced problems with vetted employees. [17] The research shows how many failures occurred in the relationship between employer and employee over the years and what dangers it brings. Applicants usually lie about additional skills (85%), dates of employment (58%), responsibilities (53%) or positions (28%). [18]

Regulation

[19] The Financial Services Authority states in their Training & Competence guidance that regulated firms should have:

  • Adequacy of procedures for taking into account knowledge and skills of potential recruits for the role
  • Adequacy of procedures for obtaining sufficient information about previous activities and training
  • Adequacy of procedures for ensuring that individuals have passed appropriate exams or have appropriate exemptions
  • Adequacy of procedures for assessing competence of individuals for sales roles

The Financial Services Authority's statutory objectives:

  1. Protecting consumers
  2. Maintaining market confidence
  3. Promoting public awareness
  4. Reducing financial crime

United States

The employer must obtain consent from the applicant granting approval of the background check. [20] The employer must be in accordance with the Fair Credit Reporting Act. [12] The employers have to guarantee that they will not discriminate against the applicant.

Most notably, the Fair Credit Reporting Act (FCRA) regulates the use of consumer reports (which it defines as information collected and reported by third party agencies) as it pertains to adverse decisions, notification to the applicant, and destruction and safekeeping of records. If a consumer report is used as a factor in an adverse hiring decision, the applicant must be presented with a "pre-adverse action disclosure," a copy of the FCRA summary of rights, and a "notification of adverse action letter." Individuals are entitled to know the source of any information used against them, including a credit reporting company. Individuals must also consent in order for the employer to obtain a credit report. [21]

Restriction and laws on Background Check

Florida

Title XLV, section 768.095 of the Florida Statutes is a law that allows former employers to disclose information about an employee to a future employer, protecting employers from negligent hiring liabilities. Employers use disclosed information from past employers when a background check does not provide enough information on the employee. Employers have to verify that the information disclosed to them is true because if it is false, the employer will be violating the civil rights of the employee. [22]

Obtaining background checks

There are a variety of types of investigative searches that can be used by potential employers. Many commercial sites will offer specific searches to employers for a fee. Services like these will actually perform the checks, supply the company with adverse action letters, and ensure compliance throughout the process. It is important to be selective about which pre-employment screening agency one uses. A legitimate company will maintain a background check policy and will explain the process.

Many employers choose to search the most common records such as criminal records, driving records, and education verification. Other searches such as sex offender registry, credential verification, skills assessment, reference checks, credit reports and Patriot Act searches are becoming increasingly common. [23]

Larger companies are more likely to outsource than their smaller counterparts – the average staff size of the companies who outsource is 3,313 compared to 2,162 for those who carry out in-house checks. [24] Financial service firms had the highest proportion of respondents who outsource the service, with over a quarter (26%) doing so, compared to an overall average of 16% who outsource vetting to a third party provider. [25] The construction and property industry showed the lowest level of outsourcing, with 89% of such firms in the sample carrying out checks in-house, making the overall average 16%. This can increase over the years. [26] Companies that choose to outsource must be sure to use companies that are Fair Credit Reporting Act (FCRA) compliant. Companies that fail to use an FCRA compliant company may face legal issues. [27]

As a general rule, employers may not take adverse action against an applicant or employee (not hiring or terminating them), solely on the basis of results obtained through a database search. Database searches, as opposed to source records searches (search of actual county courthouse records), are notoriously inaccurate, contain incomplete or outdated information, and should only be used as an added safety net when conducting a background check. Failure by employers to follow FCRA guidelines can result in hefty penalties. [28]

Criminal records

In the United States, the employer could use criminal records as verification as long as the employer does not discriminate based on race, color, religion, sex or national origin, as analyzed under the disparate treatment and disparate impact frameworks. [29] There are several types of criminal record searches available to employers, some more accurate and up to date than others. These "third party" background checking agencies cannot guarantee the accuracy of their information, thus many of them have incomplete records or inaccurate records. The only way to conduct an accurate background check is to go directly through the state. Most times using the state of choice is much cheaper than using a "third party" agency. Many websites offer the "instant" background check, which will search a compilation of databases containing public information for a fee. These "instant" searches originate from a variety of sources, from statewide court and corrections records to law enforcement records which usually stem from county or metro law enforcement offices. There are also other database-type criminal searches, such as statewide repositories and the national crime file. A commonly used criminal search by employers who outsource is the county criminal search. [30]

Social media

Employers could use social media as tool to conduct a background check on an applicant. [1] An employer could check the applicant's Facebook, Twitter, and LinkedIn accounts to see how the applicant behaves outside of work. U.S. employers are legally prohibited from taking into account anything they discover about a person's marital status, sexual orientation, religion, or political views when making the final decision to hire or not hire the applicant. [31] Some companies provide Media Mentions Reports collected from open sources including Social Media public accounts.

Character reference checks

Employers may investigate past employment to verify position and salary information. More intensive checks can involve interviews with anybody that knew or previously knew the applicant—such as teachers, friends, coworkers, neighbors, and family members; however, extensive hearsay investigations in background checks can expose companies to lawsuits. Past employment and personal reference verifications are moving toward standardization with most companies in order to avoid expensive litigation. These usually range from simple verbal confirmations of past employment and timeframe to deeper, such as discussions about performance, activities and accomplishments, and relations with others. The past experiences and the companies which have provided these experiences are also verified and researched upon to detect frauds. [32]

Identity and address verification

A fraudulent SSN may be indicative of identity theft, incorrect claims of citizenship status, or concealment of a "past life". Background screening firms usually perform a Social Security trace to determine where the applicant or employee has lived. The hiring of undocumented workers has become an increasing issue for American businesses since the formation of the Department of Homeland Security and its Immigration and Customs Enforcement (ICE) division, as immigration raids have forced employers to consider including legal working status as part of their background screening process.[ citation needed ] All employers are required to keep government Form I-9 documents on all employees and some states mandate the use of the federal E-Verify program to research the working status of Social Security numbers. With increased concern for right-to-work issues, many outsourcing companies are sprouting in the marketplace to help automate and store Form I-9 documentation. [33]

Credit check

Credit checks are conducted for applicants who are applying to positions that deal with financial records or deal with a lot of money. [34] For example, in the state of Illinois, employers could use an applicant's credit history, only the credit score is considered satisfactory. [35] Individuals must also give consent in order for the employer to obtain a credit report. Pre-employment credit reports do not include a credit score. A pre-employment credit report will show up on an individual's credit report as a "soft inquiry" and do not affect the individual's credit score. [36]

Controversies

Drug tests and credit checks for employment are highly controversial practices. According to the Privacy Rights Clearinghouse, a project of the Utility Consumers' Action Network (UCAN): "While some people are not concerned about background investigations, others are uncomfortable with the idea of investigators poking around in their personal histories. In-depth checks could unearth information that is irrelevant, outdated, taken out of context, or just plain wrong. A further concern is that the report might include information that is illegal to use for hiring purposes or which comes from questionable sources."

In May 2002, allegedly improper post-hire checks conducted by Northwest Airlines were the subject of a civil lawsuit between Northwest and 10,000 of their mechanics.

In the case of an arrest that did not lead to a conviction, employment checks can continue including the arrest record for up to seven years, per § 605 of the Fair Credit Reporting Act:

Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing . . . Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.

Subsection (b) provides for an exception if the report is in connection with "the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal $75,000, or more". [37]

Some proposals for decreasing potential harm to innocent applicants include:

In New Zealand, criminal checks have been affected by the Criminal Records (Clean Slate) Act 2004 , which allows individuals to legally conceal "less serious" convictions from their records provided they had been conviction-free for at least seven years.

In Michigan, the system of criminal checks has been criticized in a recent case where a shooting suspect was able to pass an FBI check to purchase a shotgun although he had failed the check for a state handgun permit. According to the spokesman of the local police department,

"... you could have a clear criminal history but still have contacts with law enforcement that would not rise to the level of an arrest or conviction [that can be used] to deny a permit whether or not those involved arrests that might show up on a criminal history." [38]

The Brady Campaign to Prevent Gun Violence has criticized the federal policy, which denies constitutional rights based on a criminal check only if the subject has been accused of a crime.

See also

Related Research Articles

<span class="mw-page-title-main">Criminal record</span> Record of a persons criminal history

A criminal record is a record of a person's criminal convictions history. The information included in a criminal record, and the existence of a criminal record, varies between countries and even between jurisdictions within a country. In most cases it lists all non-expunged criminal offences and may also include traffic offences such as speeding and drunk driving. In most countries, a criminal record is limited to unexpunged and unexpired actual convictions, while in some it can also include arrests, charges dismissed, charges pending and charges of which the individual has been acquitted. The term rap sheet refers to Record of Arrest and Prosecution, similar to a criminal record.

<span class="mw-page-title-main">Fair Credit Reporting Act</span> U.S. federal legislation

The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., is federal legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies. It was intended to shield consumers from the willful and/or negligent inclusion of erroneous data in their credit reports. To that end, the FCRA regulates the collection, dissemination, and use of consumer information, including consumer credit information. Together with the Fair Debt Collection Practices Act (FDCPA), the FCRA forms the foundation of consumer rights law in the United States. It was originally passed in 1970, and is enforced by the U.S. Federal Trade Commission, the Consumer Financial Protection Bureau, and private litigants.

A credit history is a record of a borrower's responsible repayment of debts. A credit report is a record of the borrower's credit history from a number of sources, including banks, credit card companies, collection agencies, and governments. A borrower's credit score is the result of a mathematical algorithm applied to a credit report and other sources of information to predict future delinquency.

Negligence in employment encompasses several causes of action in tort law that arise where an employer is held liable for the tortious acts of an employee because that employer was negligent in providing the employee with the ability to engage in a particular act. Four basic causes of action may arise from such a scenario: negligent hiring, negligent retention, negligent supervision and negligent training. While negligence in employment may overlap with negligent entrustment and vicarious liability, the concepts are distinct grounds of liability. The doctrine that an employer is liable for torts committed by employees within the scope of their employment is called respondeat superior.

A credit score is a numerical expression based on a level analysis of a person's credit files, to represent the creditworthiness of an individual. A credit score is primarily based on a credit report, information typically sourced from credit bureaus.

<span class="mw-page-title-main">Transportation Worker Identification Credential</span> Identification card

The Transportation Worker Identification Credential program is a Transportation Security Administration (TSA) and U.S. Coast Guard initiative in the United States. The TWIC program provides a tamper-resistant biometric credential to maritime workers requiring unescorted access to secure areas of port facilities, outer continental shelf facilities, certain manufacturing facilities, and vessels regulated under the Maritime Transportation Security Act of 2002, or MTSA, and all U.S. Coast Guard credentialed merchant mariners. As of May 2014, there were 2,999,058 people enrolled in the program. Those seeking unescorted access to secure areas aboard affected vessels, and all Coast Guard credentialed merchant mariners, must obtain a TWIC. The new measures were fully implemented on April 15, 2009. To obtain a TWIC, an individual must provide biographic and biometric information such as fingerprints, sit for a digital photograph and successfully pass a security threat assessment conducted by TSA.

MIB Group, Inc. or MIB is a membership corporation owned by approximately 430 member insurance companies in the United States and Canada. Formed in 1902 and based in Braintree, Massachusetts, MIB provides services designed to protect insurers, policyholders, and applicants from attempts to conceal or omit information material to underwriting life & health insurance.

Spokeo is a people search website that aggregates data from online and offline sources.

Data aggregation is the compiling of information from databases with intent to prepare combined datasets for data processing.

The Security Through Regularized Immigration and a Vibrant Economy Act of 2007 or STRIVE Act of 2007 is proposed United States legislation designed to address the problem of illegal immigration, introduced into the United States House of Representatives. Its supporters claim it would toughen border security, increase enforcement of and criminal penalties for illegal immigration, and establish an employment verification system to identify illegal aliens working in the United States. It would also establish new programs for both illegal aliens and new immigrant workers to achieve legal citizenship. Critics allege that the bill would turn law enforcement agencies into social welfare agencies as it would not allow CBP to detain illegal immigrants that are eligible for Z-visas and would grant amnesty to millions of illegal aliens with very few restrictions.

HireRight Holdings Corporation is a global family of background screening companies based in Nashville, Tennessee. The company became public via an initial public offering in 2021 with a listing on the New York Stock Exchange. In 2024, private equity firms General Atlantic and Stone Point Capital agreed to acquire the company for $1.65 billion. The transaction closed on June 28, 2024.

<span class="mw-page-title-main">E-Verify</span> Website to determine US work eligibility

E-Verify is a United States Department of Homeland Security (DHS) website that allows businesses to determine the eligibility of their employees, both U.S. and foreign citizens, to work in the United States. The site was originally established in 1996 as the Basic Pilot Program to prevent companies from hiring people who had violated immigration laws and entered the United States illegally. In August 2007, the DHS started requiring all federal contractors and vendors to use E-Verify. The Internet-based program is free and maintained by the United States government. While federal law does not mandate use of E-Verify for non-federal employees, some states have mandated use of E-Verify or similar programs, while others have discouraged the program.

The Work Number is an American employment verification database created in 1985 by Talx Corporation. Talx, was acquired by Equifax Inc. in February 2007 for US$1.4 billion.

Online vetting, also known as cyber-vetting is used by potential employers and other acquaintances to vet people's online presence or "internet reputation" ("netrep") on search engines such as Google and Yahoo, and social networking services such as Facebook, Twitter, Instagram and LinkedIn. Employers may check profiles, posts, and photographs for indications that the candidate is unsuitable for a certain job or position.

The Consumer Data Industry Association (CDIA) is the trade association for the various consumer reporting companies in the United States. It represents around 200 consumer data companies that provide fraud prevention and risk management products, credit and mortgage reports, resident and employment screening services, check fraud and verification services, and collection services to individuals and companies. The nationwide consumer reporting companies Equifax, Experian and TransUnion are among its members.

"'Tenant screening'" is used primarily by residential landlords and property managers to evaluate prospective tenants. The purpose is to assess the likelihood the tenant will fulfill the terms of the lease or rental agreement and will also take great care of the rental property in question. The process culminates in a decision as to whether to approve the applicant, approve the applicant conditionally, or deny tenancy.

Expungement in Texas is a legal process through which individuals seek erasure of an event from their criminal records.

Ban the Box is an American campaign by advocates for ex-offenders aimed at removing the check box that asking applicants about their potential criminal record from hiring applications. Its purpose is to enable ex-offenders to display their qualifications in the hiring process before being asked about their criminal records. The Ban the Box campaign started in the state of Hawaii in the late 1990s and gained popularity during the Great Recession. Proponents of the campaign argue removing the need to mention criminal records in job applications may lower recidivism rates.

Financial privacy laws regulate the manner in which financial institutions handle the nonpublic financial information of consumers. In the United States, financial privacy is regulated through laws enacted at the federal and state level. Federal regulations are primarily represented by the Bank Secrecy Act, Right to Financial Privacy Act, the Gramm-Leach-Bliley Act, and the Fair Credit Reporting Act. Provisions within other laws like the Credit and Debit Card Receipt Clarification Act of 2007 as well as the Electronic Funds Transfer Act also contribute to financial privacy in the United States. State regulations vary from state to state. While each state approaches financial privacy differently, they mostly draw from federal laws and provide more stringent outlines and definitions. Government agencies like the Consumer Financial Protection Bureau and the Federal Trade Commission provide enforcement for financial privacy regulations.

A social media background check is an investigative technique that involves scrutinizing the social media profiles and activities of individuals, primarily for pre-employment screening and other official verifications. These checks are performed to review people's online behavioral history on social media websites such as Facebook, Twitter, and LinkedIn. Social media background checks have become a common part of recruitment processes, among other verification procedures.

References

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