BACKGROUND CHECKS UNDER FIRE

January 2 | Employment Security

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We have seen some controversy over pre-employment background checks in the news lately. Unfortunately, without a full understanding of the industry, it is difficult to get the story right. NBC’s Today Show highlighted a couple people who were victims of poor reporting practices by companies with inferior screening tools. What the reporter failed to understand was that industry best practices all but eliminate these problems. To paint the entire industry was irresponsible and incomplete reporting; just imagine if the same reporter were to catch wind of a story involving violence at the workplace committed by an ex-felon and there was no background check done. How do you think that story would go?

While it is easy to understand a reporter’s need for sensationalism, it is difficult to understand the current legislative trend in limiting pre-employment background checks. We expect our law makers to do the research and align understand the whole topic before acting. Yet, even in New Jersey where we expect to see less government meddling in business, we see a rush enact legislation greatly limiting employers’ rights and responsibilities to ensure a safe workplace with due diligent FCRA compliant background checks. It is unclear what prompted this legislation from the Garden State, but it appears to be a reaction to fears created by stories involving the lowest common denominator. Lawmakers at the state and national levels need to slow down and learn more about the industry they intend to regulate before handing out directives. The rights of business owners are greatly diminished when lawmakers require such tight restrictions in hiring.

The National Association of Background Screeners (NAPBS), an organization Pinnacle is proud to participate in, has released five tips for employers to ensure effective background checks. Pinnacle offers webinars and speaks nationally to help educate HR professionals understand background checks and the rules that govern our industry. We insist strict adherence to the FCRA and best practices from EEOC, state agencies and our own industry to help organizations make the best hiring decisions while avoiding adverse or disparate impact.

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