Tag Archive for: Fair Chance Act

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.

 

What Non-profits can Benefit from a Reliable Background Check Provider

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Non-profit organizations understand, now more than ever, that accomplishing their mission rests on the shoulders of the people they hire and the volunteers that serve. Gone are the days when anyone willing to show up qualifies to represent the organization and its mission.

To safeguard against risks posed by employees and volunteers, most non-profit organizations have implemented background screening in their onboarding programs. They may conduct background checks internally by accessing state criminal record repositories and/or inexpensive “instant” online background checks or partnering with a professional background check provider.

Though not all background check providers are created equal, there are some notable benefits for non-profits partnering with the right one.

So, what do nonprofits need to look for in a reliable screening provider?
We recommend the three E’s – Expertise, Efficiency, and Effectiveness

Expertise

A reliable background check provider is a Consumer Reporting Agency (CRA) accredited by the Professional Background Screening Association (PBSA). To be accredited means they are an expert in the screening industry and the local, state, and federal laws that govern it. Be sure to partner with a background check company that follows the federal Fair Credit Reporting Act or FCRA which includes numerous regulations that govern the onboarding practices for employers and non-profits included, across the United States.

Efficiency

Non-profits are tasked with being good stewards of their money and maximizing every dollar they receive. They want to devote their time, talent and treasure to their mission which may leave little to spend on other top priorities like quality staffing and onboarding procedures. While cost-efficiency in background screening is critical, “the cheaper the better” rarely rings true and may increase risk as the cost of the background check is not always indicative of its quality or accuracy.
An efficient background check provider should have these services to provide you with the answers you need to make an informed decision:

  • Automation Capabilities
  • Mobile-friendly Processes
  • Customizable Solutions
  • Real-time Data

Effectiveness

Non-profits need thorough background checks to maximize their recipients’ safety and fulfill their mission. The reports need to comply with FCRA and similar regulations. Above all, the reports should be fully customizable to serve the unique needs of every organization. The right background check provider aligns with the non-profit’s values and empowers its goal of onboarding volunteers and employees through informed decisions.

By entrusting their screening to a reliable background check provider nonprofit leaders can provide an additional layer of protection for their organizations and those they serve.

If you are interested in learning about best practices in volunteer screening, make sure to read our blog. Whether you’re considering volunteer screening for the first time or you’re a well-seasoned veteran, learn how to create an efficient screening process for your volunteers, here.

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.

How Can I Expedite My Background Check Process?

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When a position opens up at your organization, you want to fill it as quickly as possible so the new team member can start contributing their talents. Before you can select the right candidate and get them to work, however, your organization should vet each applicant with a thorough background screening process.

If you or your organization are new to the background screening process, you may be concerned with your screening agency’s timelines. Complete, accurate background reporting takes comprehensive work and should not be rushed, but that doesn’t mean screenings will slow your hiring process down.

One Source completes most background checks in 48 hours or less. We can provide the information you need to make informed hiring choices within your timelines. But if you need checks outside of the TotalCheck system or require services outside One Source, it can be trickier to estimate turnaround time. Regardless, background checks are meant to advance quality hiring, not hinder it. To expedite your background check process, prepare your applicants and team by doing the following tasks.

Have applicants provide relevant information up front

Be sure you can proceed with the screening process as soon as you have an applicant pool. In order to keep moving, get all the identification information you’ll need to run screenings from your applicants early on. Screening agencies may need addresses, educational degrees, past salary data and other information to build accurate reports, so ask for that information in the job application. When all of that data is in one place, you can access it easily and your background check agency can quickly get to work building a precise report.

Streamline your process using electronic signatures

With today’s paper-thin labor pool and low unemployment rates, eliminating paper from your hiring can speed up the process. At One Source, we offer applicant entry options which can be as simple as sending your applicant(s) a link, having them enter their personal identifiable information (such as full name, address, DOB and SSN). The applicant then signs the disclosure and authorization form electronically as well. The complete release attaches to the consumer report for your reference at any time. Applicant entry helps streamline your process and assist in hiring those that may be relocating for work or working remotely.

Understand the process of adverse action

Adverse action occurs when an organization refuses to hire a candidate because of the contents of their background report. If your screening agency’s search comes back with information that may lead you to eliminate an applicant from consideration, the agency will double check that the information is correct before including it in a report. This diligence is part of the Fair Credit Reporting Act (FCRA) that protects applicants from potential inaccurate data that could hinder their job search. So, if your screening agency thinks a piece of information could make you take adverse action, they will take a bit longer to finalize the report to ensure you are fully informed and the applicant is treated fairly.

Make applicants aware of their screening rights

The FCRA gives several rights to job applicants to ensure background check agencies represent them legitimately. It is meant to make candidates more comfortable with the screening process and empower them to dispute incorrect reports. When your applicants are familiar with their rights, they will be more willing to cooperate with screening agencies. Your agency may reach out to an applicant to gather old pay stubs or diplomas to further verify their identity and speed along the reporting process. Make your applicants familiar with their FCRA rights and they may help accelerate your hiring.

To receive complete, fast and accurate reports with excellent customer service, reach out to One Source Client Relations.

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. 

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.