您应该审查您的背景审查政策的哪些方面？
简短的回答：所有这些。由于有关背景审查的立法在州和地方层面以及新的联邦法律可能存在很大差异，因此您的背景审查过程的每个组成部分都应进行评估、审查、检查合规性和准确性，并正式更新。
筛选类型。您的背景筛查政策应说明您进行的筛查类型，从犯罪历史搜索到教育和就业验证，再到药物筛查和驾驶记录搜索。这应包括哪些筛选活动适用于特定的工作类别或描述。例如，如果适用的州法律允许，对有权访问公司敏感财务信息的员工进行背景调查可能包括信用检查，但对于不访问该信息的员工，则不需要进行此类搜索。
筛选一致性。您是否对相似的工作角色进行相同类型的筛选？是否每个新员工都要接受教育和就业验证以及药物筛查，还是政策因地点或其他因素而异？筛选相似角色的一致性至关重要，因为不同的筛选活动可能被视为具有歧视性。
遵守。这应考虑行业监管变化以及联邦和州法律。PreCheck 等经过认证的背景审查合作伙伴还可以提供有用的教育资源，让您了解可能适用于您的监管、法律和合规要求。雇主仍应与其法务部门密切合作，审查所有合规政策。
筛选频率。这包括对当前员工进行筛查的频率，或者在持续监控的情况下为您的员工指导可能进行的筛查活动以及筛查发现新的刑事指控时的后果。频率还应考虑环境筛查政策；例如，如果发生工伤事故，涉及的员工是否在特定时间范围内进行了药物测试？
披露和授权。您的背景调查政策应包括符合公平信用报告法 (FCRA) 的披露和授权。不合规的披露和授权表格可能会导致巨额罚款和潜在的诉讼。此外，根据 FCRA，在采取不利的雇佣、留任或晋升行动之前，需要事先通知决定。这应该包含在您的政策中。
对于大型公司或营业额高的公司，我们建议每六个月审查一次您的背景审查政策。对于规模较小的公司或营业额较低的公司，我们建议您每年审查您的保单。
The short answer: All of them. Because legislation around background screening can vary widely on a state and local level, as well as under new federal laws, every component of your background screening process should be evaluated, reviewed, checked for compliance and accuracy, and formally updated.
Types of screening. Your background screening policy should explain the types of screening you conduct, from criminal history search to education and employment verification to drug screening and driver records searches. This should include which screening activities apply to specific job categories or descriptions. For example, background checks for employees who have access to the company’s sensitive financial information may include a credit check, if allowed under applicable state law, but such a search would not be required for employees in roles that do not access this information.
Screening consistency. Are you conducting the same type of screening for similar job roles? Is every new employee subject to education and employment verification as well as a drug screen, or is the policy different based on location or other factors? Consistency in screening for similar roles is imperative, as different screening activities could be perceived as discriminatory.
Compliance. This should take industry regulatory changes into account, as well as federal and state law. An accredited background screening partner like PreCheck can also provide helpful educational resources keeping you abreast of regulatory, legal, and compliance requirements that may apply to you. Employers should still work closely with their legal department to review all policies for compliance.
Frequency of screening. This includes how often current employees are screened, or in the case of continuous monitoring serves as a guide for your employees around what screening activities may be conducted as well as the consequences should screening discover a new criminal charge, for example. Frequency should also take circumstantial screening policy into account; for example, if a workplace accident occurs, are the employees involved drug tested within a specific timeframe?
Disclosures and authorizations. Your background check policy should include Fair Credit Reporting Act (FCRA)-compliant disclosures and authorizations. Non-compliant disclosure and authorization forms can result in significant fines and potential lawsuits. Additionally, under the FCRA, a pre-decision notification is required prior to taking an adverse employment, retention, or promotion action. This should be included in your policy.
For large companies, or companies with high turnover, we recommend reviewing your background screening policy every six months. For smaller companies, or companies with low turnover, we recommend reviewing your policy annually.
