Employee Background Checks

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On April 11, 2016, Missouri Governor Jay Nixon signed an Executive Order that immediately implemented a “Ban the Box” policy for Missouri state agencies, departments, boards, and commissions. Under this Order, state employers must amend their initial employment applications to remove questions relating to an individual’s criminal history unless a criminal history would render an applicant ineligible for the position. State employers may still request information about an applicant’s criminal past and may still conduct a criminal background check as a condition of employment, but the Order requires that state agencies wait until later in the application process to procure that information. The Order does not specify exactly when in the application process employers may make these criminal history inquiries.
Continue Reading Missouri Governor Jay Nixon Signs Executive Order to “Ban the Box”

What is “Ban the Box?” Generally speaking, it is an international campaign seeking to eliminate the question—“Have you ever been convicted of a crime?”—from employment applications.  “Ban the box” laws usually provide that an employer must wait to ask applicants about their criminal histories until after a conditional offer of employment is made AND that an employer must consider how the individual criminal history is job-related for the position in question.

There currently are 21 states and over 100 cities and counties that have a “ban the box” law.  Further, 7 states have statewide “ban the box” laws that apply to private employers—Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, Oregon, and Rhode Island.Continue Reading Ban the Box—Some Basic Rules to Find Red Flags Without Raising Any

Listen to the Podcast

What’s required before you obtain a background check on a prospective employee? And what’s required before and after you take adverse action against a prospective employee based on the background check?

Joe Guffey discusses the do’s and don’ts of conducting employee background checks under the Fair Credit Reporting Act (FCRA).

Before Obtaining a Consumer Report

 
Provide the individual with a “Disclosure & Authorization” form. [Version 1] [Version 2]

Obtain his/her signature (electronic signature is OK)

Provide the individual with “A Summary of Your Rights Under the Fair Credit Reporting Act”

(Extra) Provide any required state-specific disclosuresContinue Reading FCRA Checklist for Obtaining a Credit Report