The memorial for Nelson Mandela last week was marred by the presence of an imposter who stood alongside world leaders, including President Obama, and pretended to be a sign language interpreter. How this breach of security occurred is still unclear, but the fiasco highlights how important background checks are. When it comes to background checks, it’s in the best interest of employers and employees both to do them right.
Employers Face Lawsuits For Bad Hiring
The majority of companies today perform background checks before hiring new employees, and the decade after 9/11 saw a sixfold increase in the number of FBI background checks performed. Some positions require background checks, particularly those regarding security or involving work with children, the elderly, or the disabled. But all companies can benefit from background checks, since they have a “duty of care” when hiring new employees. If they fail to live up to that duty, they might face a negligent hiring lawsuit.
As an example of such a case, two years ago a timber company was sued for negligent hiring after a driver they hired was involved in an accident that killed a man. The driver had a history of bad driving that the company did not uncover. The deceased man’s family was awarded $7 million.
One report found that around one in three applications had “discrepancies.” These include incorrect job titles, dates of employment, and salary; lies about degrees obtained; and nondisclosure of a criminal record or drug usage. This information is easy to verify, with the proper procedure, and employers regularly check criminal records, driving records, and credit in addition to verifying past claims of education and employment.
Laws Regarding Background Checks
Laws in place protect both you, the applicant, and your potential employer. (Some states have even stricter laws, so be sure to look into your state’s laws regarding background checks and employment.)
Background checks must be the same for every applicant for a particular position. Candidates cannot receive preferential treatment; all of them must go through the same procedure.
Potential employers must get your written permission to do a background check on you. They must also give you information about your rights under the Fair Credit Report Act (FCRA) if they check your credit. The FCRA regulates how they obtain and use this information, and violation of their policies can result in a fine of $1,000.
You must be informed if something negative turns up and prevents you from getting the job. Employers must disclose to you what they discovered as well as which agency they got their information from. This gives you the opportunity to respond and correct any incorrect information. (Avoid this by checking your credit report annually for free and correcting mistakes before going through a background check. Also, note that bankruptcy is not a valid reason to be denied employment.)
Resources for Employers and Employees
Both employers and employees benefit from being thorough and honest when it comes to applications. Employers can read more about the procedures surrounding background checks here and employees can get advice on background checks here.
