Pre Employment Background Check Laws

The economic competition has increased over the years. With this increase in economic competition among firms most of the firms just cannot afford to be side tracked by various employee problems which effect the firm badly. These employee problems include; cases of harassment, theft, incorrect resumes, workplace violence etc.

No matter what size your business is you have to carry out the pre-employment screening as a compulsory step in hiring so that you can avoid the troubles of facing lawsuits and going through costly hiring mistakes. It is because of the increased cases of workplace violence, corporate scandals and strict safety concerns that pre-employment check laws and employment rights laws in USA have been gaining popularity.

The pre-employment checking makes use of the technique of psychometric testing. According to this type of testing the firms get to know more about the employee. Checking of an employment’s background is a very important method of pre-employment screening. There are about 96.9% of the human resource managers who make use of this technique to hire new employees.

There are a few things which you need to consider while carrying out the background checking process.

Background Checking Precautionary Measures:

You should not just indulge into checking the background of your new employee instead you must consider an actually legal landmine for the matter which would have some sort of effect on your business.

When you hire an employee after thorough investigation the risk of negligent hiring lawsuits are reduced. But if in case you and your company hires an employee for whom you didn’t carry out any researches then you and your firm will be held responsible for all his actions. Just like the background check it is important that the small business acts in accordance with the Fair Credit Reporting Act and the American Disabilities Act.

What Exactly is the Fair Credit Reporting Act?

According to the FCRA, a small business must make its employees sign a disclosure form which grants the firm the authority to check the background of that employee. The FCRA not only includes the credit reports but also the consumer reports. These laws are different for each state and the type of information which can be used during the background checking process might also vary from one state to another. For example the state laws may prohibit the usage of certain aspects of criminal records while the process of background screening. It is necessary that you consult the legal authorities while a background screening process.

The Disability Act:

There is the Equal Employment Opportunity Commission which tells about the disable people and defines them in the best possible way. According to this commission disable people are those who have some sort of impairment, or have a previous record of physical impairment. According to this employers must not include the disability questions in the hiring interviews.

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