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A Comprehensive Review of Screening Compliance

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In the world of background checks, compliance is a must. It’s simply a fact of life for both Consumer Reporting Agencies (CRAs) and any organization or business that screens consumers. A nuanced topic though it may be, this article sheds light on the industry-, permissible purpose-, and location-specific requirements that may apply to you. Of course, this article is only a starting point for ensuring your organization complies with background screening laws; consider discussing further with your legal counsel.

Below, we’ve broken down the most important factors to allow you to hone in on what’s relevant to your organization.

Rules & Regulations

Background screening compliance is a joint effort between the CRA who provides the report, the furnishers of data that end up in some reports, and the end user who procures the report. Different regulations and obligations apply to each type of entity, and two federal agencies—the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB)—are charged with enforcing them.

Background screening companies can also become accredited by the Professional Background Screening Association’s (PBSA’s) Background Screening Agency Accreditation Program (BSAAP). In short, accredited CRAs like us are committed to excellence and delivering the highest level of standards in six critical areas through accountability and continuous improvement of policies and procedures. For more information about this designation and the process of achieving it, check out our PBSA Accreditation page.

Of course, every business is part of an industry—some of which have specific requirements regarding background checks and additional searches (credit history, social media, USDOT, etc.). Organizations in education, finance, healthcare, or transportation (to name a few) need to adhere to specific constraints regarding hiring and continued employment practices. If you have questions about the specifics of your industry, check with your legal counsel.

End User Responsibilities

When working with an accredited background check company, companies must agree to several policies as end users. These may include, but are not limited to:

  • Reports won’t be used to violate the law
  • Consent has been given by applicants
  • Reports will be used confidentially
  • You won’t sell or disclose information to a third party
  • Applicant identities are confirmed

Further, a permissible purpose must be present to run a background check. Most often this is a Written Instruction for site access or personal screening, a Legitimate Business Need like tenant screening, or for Employment such as hiring, promotion, or retention. No matter the purpose, the organization must first be credentialed before they’re allowed to order a report. Most often, this process involves verifying business information, licenses, and tax documents; it may occasionally require an on-site inspection as well.

State-Specific Legislations

Among the myriad of laws and regulations are two that have been taking the country by storm in recent years: Clean Slate and Ban the Box laws. Essentially, these are legislations passed by individual states to limit the amount of information employers can use to deny individuals employment based on criminal history. The former removes eligible offenses from an individual’s criminal record once they’ve completed their sentence and any post-sentence requirements such as parole or probation and have committed any re-offenses. The latter provides certain procedures regarding criminal history inquiries during the application process and, in some cases, limits employers from asking about criminal history on job applications altogether.

To learn more about these measures and if/how they affect your state, read our previous coverage on these subjects here:

Ban the Box Updates: What Employers Need to Know

A man using a ballpoint pen to write while also using a laptop.

Clean Slate Laws: What Employers Need to Know

Two men shaking hands following a job interview.

Additional Obligations

Accompanying the larger regulations at play are additional necessary forms and procedures. Each carries its own significance and it’s important not to neglect them:

Disclosure & Authorization forms ensure applicants consent to being screened. All candidates must complete this form either on paper or electronically, it must be up to date, and it must include what will and may be searched.

Adverse Action means rescinding a job offer due to the results of a background check. This is a two-step process where a letter is sent to the applicant in advance to give them time to review the accuracy and completeness of their report and a chance to dispute inaccuracies.

If a prospective hire chooses to dispute information on their report, the CRA is required to perform a re-investigation and notify the furnishers of the data in question. Both the end user and applicant will be notified of the results of said re-investigation.

In summary, compliance should always be top of mind. Your organization needs to adhere to state and industry regulations, be properly credentialed, follow agreed-upon policies and procedures, and provide candidates with the tools they need to ensure their report is accurate.

For questions related to industry-specific standards, consult your legal adviser. For additional information, check out the Society for Human Resource Management’s website or our archive of compliance coverage.

Clean Slate Laws: What Employers Need to Know

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It’s no secret to hiring managers that fair chance hiring laws have gained momentum in recent years. However, confusion remains about how these affect an organization’s onboarding process throughout employment screening. Some, such as the Fair Chance to Compete for Jobs Act of 2019, have been enacted at a federal level, while others differ from state to state, such as “Ban the Box” laws. Clean slate laws are another prominent example of the latter, which we will cover here to keep you and your team informed whether these laws have been codified in your state or legislators are considering doing so.

What Are Clean Slate Laws?

A “Clean Slate” law refers to state legislation passed to allow criminal records to be cleared or sealed from individual records if they stay crime-free for a specified duration. This means that those records don’t appear on background reports. However, not all expungements are automatic in all states, occasionally relying on the individual petitioning the court instead.

A notable exception to these laws occurs in states that have legalized the recreational selling of marijuana. Here, provisions may be put in place to seal non-violent cannabis-related convictions automatically.

How Do They Affect Employers?

Limiting information about applicants may worry some organizations from a risk management perspective, but it’s important not to let it deter hiring efforts. It is still possible to provide a safe workplace as many high-level and violent crimes are not eligible to be hidden or removed. Concerns of recidivism, while valid, should be tempered, as studies show that the risk for re-offense of expungement recipients is very low.

By removing that information from the equation, these laws make it easier for employers who find it difficult not to create unconscious bias when they see criminal records that typically would disqualify the individual from employment. This is also helpful in preventing backlash related to negligent hiring, as withheld criminal information can’t be used as an example of why the individual shouldn’t have been hired.

Clean Slate States

As of this writing (updated November 2023), twelve states have passed clean slate laws. Click a state in the table below to view the associated bill:

STATE

YEAR SIGNED INTO LAW
Pennsylvania

2018
Utah

2019
New Jersey
Michigan

2020
Connecticut
Delaware

2021
Virginia
Oklahoma

2022
Colorado
Minnesota

2023
California

Employer’s Responsibility

If your state already has a clean slate law in place, it’s important to stay up to date on any changes and adjust your screening policy accordingly. Pay close attention to the legislation that enacted these regulations and any amendments applied, consulting your legal counsel if issues arise. If your state has not established these laws, keep an eye out for the introduction of such bills as campaigns are being run in Illinois, Kentucky, Minnesota, Missouri, New York, Oregon, and Texas to further the adoption of programs like these.

Regardless of your company’s state, it’s important to remember that background screening is still crucial to effective onboarding. High-level crimes, those on the federal or international levels, and those linked to the National Sex Offender Registry will continue to be uncovered in any state.

For more information on sealed and expunged records, read Do Expunged Records Show Up on Background Checks?

 

End User’s Crash Course: The Fair Credit Reporting Act

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Background checks are nothing new, and are now essentially customary in the recruiting and hiring world. Most companies run checks on all new applicants for every open position and even those up for promotions.

So while screenings are a normal part of the onboarding process, keep background check regulations in mind to protect your organization and applicants. Designed to protect the rights and information of job applicants, the Fair Credit Reporting Act (FCRA) carries immense influence.

When followed properly, the FCRA will help you make informed choices while protecting your candidates. When broken, however, the FCRA gives people the power to levy lawsuits against organizations. To protect your business, make excellent hires and avoid potential legal trouble, brush up on your knowledge with this End User’s Crash Course on Fair Credit Reporting Act.

What is the FCRA?

The FCRA outlines the responsibilities of consumer reporting agencies and the rights of those undergoing background and credit checks. It requires consumer reporting agencies to report accurate and complete information to businesses when they evaluate candidates. It also allows applicants to see their reports and dispute any inaccurate information.

Under FCRA rules, background check agencies have a duty to be thorough and accurate in their reporting. Applicants also have the right to advocate for their reputation and true identity. The burden of the FCRA isn’t just on reporting agencies, however. End Users must uphold the rights of their applicants in order to stay FCRA compliant.

How can I be compliant?

End Users must follow certain procedures when recruiting and hiring to comply with the FCRA:

  • Inform applicants you are going to screen them, then get written consent from every applicant to begin the background check process.
  • Explain what information your background reports gather and why you need it, but only if an explanation does not cause confusion.
  • Be aware of your state’s screening restrictions and adhere to them. “Ban-the-box” laws have become more common in recent years.
  • If you are going to take adverse action—such as rejection or termination—due to the content of a background report, you must follow the adverse action process. If adverse action is taken under the permissible purpose of employment (including volunteer), this includes sending pre-adverse and adverse action letters, a copy of their report, and FCRA Rights.
  • Understand that applicants have the right to dispute their report at any time. When you send a pre-adverse action letter under the permissible purpose of employment (including volunteer), you have to allow a reasonable amount of time—typically around five days—for the individual to dispute their report.

If you follow these steps, you will stay within FCRA rules and avoid negligent hiring suits.

What are the consequences of non-compliance?

The number of lawsuits brought under the FCRA reached an all-time high in 2021 and has continually increased every year since 2011. If an end user and their consumer reporting agency fail to meet FCRA standards, they risk an expensive lawsuit.

Because background screening is often part of standard onboarding processes, organizations can repeat the same FCRA infraction multiple times. This can lead to costly class-action lawsuits from multiple parties.

Eliminate the possibility of FCRA non-compliance suits and maintain your responsibilities by partnering with a trusted background screening agency. One Source is FCRA compliant and here to help you navigate its regulations easily. That was your End User’s Crash Course on Fair Credit Reporting Act. Contact One Source Client Relations to learn more about our services.

Ban the Box Updates: What Employers Need to Know

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This article was originally published in June 2022. Updated November 2023.

By now, most HR professionals and hiring managers have heard of Ban the Box and the legislation that’s sweeping the nation. So, what are you doing to prepare for these changes? Are you confident that your onboarding process is up to date and compliant with the laws in place? Here we will help guide you in the direction to make sure your team is prepared for what is to come.

What are Ban the Box Laws?

In simplest terms, Ban the Box means that employers cannot ask on a job application or in certain parts of the hiring process about criminal history. For example, blanket statements like, “have you ever been convicted of a crime.”

These laws aim to put employers’ focus on applicants’ qualifications first, without blanket no-hire policies due to past criminal activity. In most cases, employers must wait until a conditional offer of employment is extended before asking about criminal history or conducting a background check.

On December 20, 2021, Congress enacted the Fair Chance Act. The purpose of the act is to give previous offenders a chance to find work in the United States Federal Government. The Fair Chance Act will “Ban the Box” asking about arrest and conviction history on job applicants for most Federal agencies and contractors. These questions and the background check cannot be started until the conditional job offer has been extended.

What steps can you take to be compliant?

Navigating Ban the Box laws can be confusing. We recommend, as a first step, consulting with your legal counsel. They’ll be able to look at your company profile, industry, and location to see what Ban the Box laws apply to you.

You’ll want to take that information and then review your job descriptions and applications. You’ll also want to be sure your hiring managers only ask about the criminal history during the correct time in the hiring process.

Whether these laws will apply to your organization depends on several factors:

  • Company size
  • Location(s) you hire in (city, county, and state)
  • Industry (different regulations can apply to education, childcare, health care, law enforcement, etc.)
  • Public vs private employer

Currently, 37 states and over 150 cities and counties have adopted similar laws.

While public employers appear to be moving to Ban the Box quicker than private employers, the lists continue to grow.

Currently, 15 states have Ban the Box laws in place for private employers. These include:

California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.

Furthermore, over 20 cities and counties have Ban the Box laws in place for private employers. Some of these include:

Austin, TX; Baltimore, MD; Buffalo, NY; Chicago, IL; Columbia, MO; DeSoto, TX; District of Columbia; Kansas City, MO; Los Angeles, CA; Montgomery County, MD; New York­, NY; Philadelphia, PA; Portland, OR; Prince George’s County, MD; Rochester, NY; San Francisco, CA; Seattle, WA; Spokane, WA; St. Louis, MO; Suffolk County, NY; Waterloo, IA; and Westchester County, NY.

Check out the National Employment Law Project’s (NELP) detailed chart to see whether your city, county, or state has a policy or law.

What’s next?

It’s important to remember that background checks are still a crucial part of the hiring process. Not even the Federal Government, which has adopted Ban the Box entirely, is removing background screening from their hiring process. The safety of your employees, customers, and your organization’s reputation is still essential.

As these laws continue to sweep the country, it’s always best practice to ensure that your background check process is updated. Then, when it’s time to run the background check after a conditional job offer, you can keep things moving quickly.

One Source always recommends reviewing these five areas:

  • Background Check Policy
  • Disclosure
  • Authorization
  • Quality of Data
  • Adverse Action

Reach out to our team if you have any questions on ways you can follow compliance laws and regulations. Or you can learn more about how to stay compliant through our blog, Blueprint to a Compliant Background Check Process.

 

3 Background Check Budgeting Tips

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Every organization’s budget is as unique and specialized as the organization itself. When determining the budget allotment for screening services, financial teams must consider the potential volume of screenings they will conduct and the specific checks they will require. Different industries have a wide variety of hiring and turnover expectations, and all of this must be accounted for in a background check budget.

When these expectations are measured and fine-tuned to each organization, they help maximize background checks while staying within financial margins. Even organizations that do not typically set aside funds for screenings should make a habit of budgeting for compliant background checks. The cost of making an uninformed hiring choice always exceeds the cost of screening an excellent hiring choice.

Here are 3 background check budgeting tips so an organization can keep security and informed hiring in mind while budgeting.

 

Tailor screenings to job descriptions

No matter how much room you have in your budget for hiring and recruitment, your HR department can keep background check costs low by carefully choosing what job titles require certain screenings. Some positions may not need screening beyond a basic background check, and others may need more in-depth checks based on the duties of the job.

For example, you could run a standard background check on every applicant but only perform driving record checks on applicants you are certain will drive for work. By performing an audit of your available positions and deciding the amount of screening each job needs, you can save money and only order specialized checks when they’re absolutely necessary.

 

Understand your industry’s workforce turnover

Hiring new team members can be exciting, but it includes extra—sometimes unexpected—costs. You have to consider the time and money it takes to recruit, hire, train. and screen applicants. By knowing the average turnover of your industry, you can better predict your hiring costs and avoid unforeseen expenses.

Some workforces can turn over more than 20 percent of their team each year, especially in times of growth. Base your turnover expectations on your previous year, then proactively set your screening budget to accommodate growth. As the year unfolds, keep track of your real turnover rate to make more accurate predictions for the next year. If you land on a relatively accurate estimate of your hiring costs, you can make better use of your background check provider’s services.

 

Manage your risks

The best thing your organization can do is save money, minimize risk and build a constructive culture. Background checks will help you make hiring choices that best align with your organization’s mission and values. When you budget for screening services, your investment is returned through a reliable, trustworthy workforce..

By properly screening each of your applicants, you’ll avoid the cost of negligent hiring and Fair Credit Reporting Act (FCRA) noncompliance lawsuits. If you would like to learn more about how background checks can fit into your organization’s budget, contact the One Source Client Relations Team.

What To Do Before You Run an Employee Background Check

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Established companies and new businesses alike must manage workplace safety and avoid fraud to stay secure. Background checks offer protection and peace of mind as you bring new people into your organization. However, developing an effective screening system to run an employee background check is sometimes easier said than done. Regardless of where your organization is in its development, it’s worthwhile to reflect on your background screening practices.

In order to help your company reap the benefits of background screenings while staying compliant with consumer protection laws, make sure you complete the following before screening applicants.

Create a consistent screening policy

Work with your HR department to build a comprehensive hiring process that includes your background check procedures. You can create a flow chart of the proper steps to take and how to proceed in different situations.

Vague background check practices may cause your hiring team to treat applicants’ reports differently, which can lead to legal trouble. To stay consistent with the Fair Credit Reporting Act (FCRA), you must follow a strict process when taking adverse action—the removal of applicants from consideration because of their background report. So, if that process is already in your procedure, your hiring team will respond correctly.

Hire an FCRA-compliant, PBSA-certified credit reporting agency

The FCRA determines proper background check practices, and you must follow its guidelines to protect your business from negligent hiring charges. According to the FCRA, you need written consent from anyone you want to screen. And you have to explain your reasoning if you take adverse action. Under the FCRA, applicants have the right to know what information is in their report and they can dispute anything they deem incorrect.

Compliance is crucial, and the best way to guarantee a legal hiring process is to hire a reputable screening agency. Hence, the best agencies are FCRA experts that help you navigate its requirements with ease.

The Professional Background Screening Association (PBSA) determines the ethical and performance standards for the screening industry. So, if a consumer reporting agency has PBSA approval, it meets ethical standards and can be considered a trustworthy company.

See from the perspective of your applicants

Background checks are an increasingly common part of job searches. Applicants likely complete a screening for every job they apply for, and the FCRA empowers them to take an active role in the process. Your candidates will be familiar with the screening process and may have questions you should be prepared to answer.

Make sure your applicants feel comfortable asking questions, voicing concerns, seeking clarification and viewing their results upon request. Therefore, by preparing yourself to meet applicants’ needs, you’ll help them build trust with your organization and expedite the hiring process.

That’s the first steps in learning how to run an employee background check. Learn more about employment screening and how you can improve your hiring process by contacting the One Source Client Relations Team.

3 Ways Background Checks Improve Your Hiring Process

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Integrating a pre-employment background check into your company’s hiring process gives you the best chance of making the best hire. Folding rigorous, thorough vetting into your decision helps you go beyond taking an application and interview purely at face value. Instead, carefully curated employment background screenings provide invaluable data to validate your perspective on the applicant’s fit.

Read how administrating background checks improve your hiring process and gives you the clarity and confirmation to hire the right person for the right job.

Verifying application information

Resume fraud is real. So, background checks help employers find the truth, and the right type of screening will uncover inconsistencies between resume and reality. Finding a difference between what was submitted and what is actually real for an employee’s history helps determine which applicants are worthy of consideration.

Hiring an applicant that fabricated parts or all of their job history opens your organization up to a loss in credibility. Then, preserve your business’s reputation by avoiding a fraudulent hire.

Double checking competencies and capabilities

On top of confirming the accuracy of an applicant’s basic information, you also want to corroborate what they say about their qualifications and skills. A job applicant may misrepresent or mischaracterize their actual experience or educational accomplishments. It could be their job title at a previous job. Or it could be their academic degree. It could even be a credential—like licensure or certification for job-specific roles—essential to your vacant position.

The wrong hire could affect your company’s bottom line. Hiring an applicant that over-embellished their abilities can lead to financial losses over time. Bringing in an underqualified person for a job they’re unable to perform means low productivity and, thus, lower profitability.

Making a safe choice for your company and community

Above all else, a pre-employment screening should ensure your hire won’t jeopardize the safety of those you employ and those you serve. Upholding the trust and equity your business has built with its own employees and the public at-large should never be sacrificed. So, background checks help you cover the bases and provide insurance for deciding on the right hire. 

Certain jobs entrust individuals with high levels of responsibility, from driving company vehicles to even using firearms. A background check uncovers the applicants truly qualified to carry out these sorts of tasks. Implementing a background check into your screening helps find out if an applicant’s past raises any red flags. It can’t preclude you from hiring an employee—that protection is law, part of the Fair Credit Reporting Act—but it can help you make the appropriate determinations. For example, if you’re hiring a delivery driver, you’d want to know if an applicant has any DUIs.

A background check helps you hire with confidence. Hiring managers carry the burden of making critical decisions for their businesses, and they need to make informed ones. Therefore, bringing on the right employee helps keep the company’s people and community safe while preserving its credibility. So, making the wrong hire can have a devastating ripple effect on each of those criteria.

New to the world of how background checks improve your hiring process? Then, explore our wide array of insights, tips and employment background screening guides on the OneSource blog.

Eight Key Considerations for Hiring a Background Check Agency

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Before you invite a stranger into your business and give them access to proprietary data and sensitive information, be sure to run a background check. Proper background checks are a critical part of the hiring process.

Not all background checks are created equal, however. A background check is only as good as the company that provides it. To minimize your risk, work with the right screening company for your particular business or industry. They will understand what you need to know about a potential employee before you extend an offer.

Wondering how to hire a background check agency? Start with these eight considerations.

Is the company accredited by the Professional Background Screening Association (PBSA )?

This accreditation program reviews the policies and procedures of background check providers in the areas of consumer protection, verification standards, legal compliance and other industry practices, and acts in accordance with the Fair Credit Reporting Act (FCRA), which governs the background check process.

Does the agency provide clear, accurate and complete reports?

You want thorough reports, yes, and accuracy is key. If they’re not accurate, they’re not effective. Background checks can contain inaccurate information, and there is no central clearing house where inaccuracies can be contested like there is for credit reports. Choose a company that has a reputation for accurate reports and tells you specifically how they prepare their reports.

Does the agency provide the types of screenings and checks you need?

This might be obvious, but it’s worth saying: You want to choose a background check agency that can offer and perform any background screen you think you might need or want. Do you require supplemental searches like drug testing or motor vehicle records? Be sure they can perform them before you choose them.

Do the agency’s costs and fees fit your budget?

Cost may be a consideration for you, so be sure to ask upfront about any additional fees you might be charged that aren’t obvious. At the same time, you don’t necessarily want cost to be your driving factor; the cheapest process could mean a poor-quality screening. And when it comes to money, the price you pay for a good background check pales in comparison to the cost of terminating an employee and recruiting, hiring and training a replacement.

Does the company offer excellent customer support?

Background check companies may offer support and assistance via email, phone or live chat—which do you prefer? Decide how you’d like to receive support, then make sure you choose a company that’s equipped to provide that. You’ll just be frustrated if you can’t get the help you want in the way you want it.

Do they provide a password-protected online portal?

Especially if you perform multiple background checks and plan on placing several orders, you’ll want to go with a company that allows you to easily do this (and view the reports) online.

What’s the turnaround time?

When you’re working with a tight deadline, it can be frustrating to learn too late in the game that the agency you’re working with doesn’t accommodate quick turns. Ask them about their turnaround times and if they have any guarantees.

Which industries do they serve?

Most of them do serve several, but some offer industry-specific packages to select from, which can give you the peace of mind that your candidate is getting an appropriate-for-the-job screening.

Bottom line: Do your research, and don’t be afraid to ask questions of the background check agencies you’re considering working with. That way you’ll ensure that you’re hiring the right company to do the right checks and screenings for your business, and you’ll be able to trust the results that much more. That’s a great place to start learning how to hire a background check agency. For more information, contact One Source today. 

One Source Resource Review: September–December 2019

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At One Source, we are dedicated to providing comprehensive, transparent and useful background check education and resources. We are experts in the screening industry, and we believe everyone should have access to professional insights to determine their security needs. Our blog is full of advice and information about background checks to answer your questions and broaden your knowledge.

As our blog expands, we will curate posts and include them in this review of our website’s resources. The blog posts are categorized by topic and include a summary of their key points. We hope these review posts will make it easier to find the information you need and utilize our knowledge when you need it. With that said, let’s dive into the One Source Resource Review. 

General Background Check Information

Frequently Asked Questions about Pre-Employment Background Checks

Learn all the basics about background checks and screening companies with these in-depth FAQs. We discuss timelines, the contents of reports and how a partnership with a screening agency can help you.

When You’re Ready to Run a Background Check, Start Here

No matter the reason for your screenings or the scale of your background check process, it can be tricky to know where to start. Our simple steps can help you begin screening with confidence.

What background checks do — and don’t — include

It can be difficult to choose the background check company best suiting your needs if you are not sure what they report. This blog breaks down our TotalCheck package so you know exactly what to expect.

How far back does a background check report?

This question is an entry point to our explanation of the legal expectations and limitations of background checks. We overview the Fair Credit Reporting Act (FCRA) and the rights it gives to the subjects of checks.

Debunking 5 common background check myths

We clear up the screening industry’s biggest misconceptions while discussing the ways background checks can benefit any organization.

Your Fair Credit Reporting Act compliance crash course

This blog includes a cautionary tale for businesses not complying with the FCRA and clear instructions to ensure you are in line with its regulations.

Employers and Hiring Departments

The 5-step guide to starting your company’s background check process

If your business is hiring several new team members soon, this blog is a must-read. We take you through the entire process of identifying your background check needs and how to put a plan in action.

A beginner’s guide to completing background checks

For those who have never conducted a background check before, this is an excellent place to start. We cover all the basics and are always available to answer questions.

4 Reasons to Screen Applicants with a Criminal Background Check

Background checks do more than just verify your applicants’ histories. They can help protect—and even grow—your business by promoting a positive culture and maintaining your image.

What Ban-the-Box Laws Mean for Employers

Many states no longer allow employers to ask applicants if they have criminal records. We explore what this means and how to promote security while complying with the law.

Volunteer Organizations

The Top 3 Reasons Nonprofit Volunteers Need Background Checks

One Source offers screening solutions designed specifically for nonprofits. Here’s how background checks can benefit your organization and volunteer base.

Does your organization need a background check process?

This checklist will help you evaluate the security requirements of your organization. Knowing this will help to create the best screening process for you, specific to your needs.

Questions Nonprofits Should Ask About Background Checks

Learn how to gather relevant information from background reports and develop an ethical hiring code with this guide.

Hiring Certified Contractors

Learn how to hire a reliable contractor

One Source has a set of guidelines dedicated to certified contractors so you can make educated decisions about your contractors.

OSCC Quarter 3 Report

We screened over 4,600 contractors in the third quarter of 2019 and built a report of our findings.

That will do it for this edition of the One Source Resource Review. To learn even more about One Source’s background check offerings, contact our Client Relations Team.

What Ban-the-Box Laws Mean for Employers

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Over the past several years, more than 33 states and 150 cities have created laws prohibiting employers from asking applicants if they have ever been convicted of a crime. These laws are called “ban-the-box” rules and businesses must shift their hiring practices to meet the requirements of the laws. As Congress considers a federal ban-the-box law, called the “Fair Chance Act,” let’s dig into what the law could mean, how it could impact your business and how to keep your hiring process compliant.

Origin of ban-the-box laws

Job applications often include the question, “Have you ever been convicted of a crime? Check yes or no.” That leaves the 60–70 million Americans who have a criminal record no choice but to check the “yes” box. Employers have used this question to narrow down their applicant pool without knowing the specifics or timing of candidate’s crime. Because of this hiring practice, those with criminal records have high unemployment rates, and studies show ex-offenders who do not find work are much more likely to commit another crime.

Ban-the-box laws have been introduced across the country to keep employers from asking about criminal history in initial job applications. Under these laws, it is illegal to disqualify an applicant from consideration just because they have a criminal record. Employers must at least know an applicant’s offenses to make an informed hiring decision.

Organizations working in security or with vulnerable populations are generally exempt from ban-the-box laws.

How you can meet ban-the-box requirements

Compliance with these kinds of laws and secure hiring practices are absolutely not mutually exclusive. With slight adjustments to your organization’s processes, you can build a safe workforce and in accordance with the law.

If necessary, update your organization’s application forms—removing criminal history questions and making sure outdated applications are completely inaccessible. You may also need to train your hiring managers how to handle applications and interviews to stay ban-the-box compliant.

Even if a state or city does not have a ban-the-box law, it is becoming more common for companies to voluntarily remove criminal record questions from applications. If your organization chooses not to ask upfront about criminal history but still needs to consider criminal offenses, decide when in the hiring process would be best to inquire about a background check.

To give all applicants a fair chance and make informed hiring choices, partner with a background check agency giving you a comprehensive report of applicants’ criminal records. Background reports will show you what crimes an applicant was convicted of, how long ago the crimes were and how relevant they are to your organization.

With the assistance of background checks, you can accommodate ban-the-box laws and make the best possible hiring choices for your team. Contact our Client Relations team to learn more about criminal background checks and how One Source can help you.