How to Make Background Checks
Part of Your Hiring Process

Anne H. Williams, Attorney

The process for conducting a background check is far too complex to cover fully in a monthly newsletter. That's why we created HR Executive Special Reports.

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About the Report
One of the most important steps to take to ensure workplace safety — and limit your liability — is to conduct background checks of prospective hires and, if appropriate, of current employees. With this hands-on guide, you can start your next round of background checks without fear of violating the law.

The process of investigating a new hire is fraught with legal dangers. But if done correctly, a background check can ensure a safe workplace and limit your organization's liability. From verifying visa status for foreign nationals to determining previous work history to checking for criminal conviction records, you can use this easy-to-follow resource to take the stress out of this crucial management task.

This in-depth report will cover:

• How to determine if a non-native job applicant can legally be employed in the U.S.
• The correct way to obtain background information, such as criminal histories, military records, medical inquiries and examinations, and more
• The rules for obtaining employee credit reports and how to comply with the Fair Credit Reporting Act (FCRA)
• Legally sound steps for performing skills and aptitude testing for job applicants, including drug screening dos and don'ts and EEOC selection guidelines
• A clear roadmap of proven techniques for background checks, including reviewing applications and resumes, preparing and conducting interviews, reference investigations, and tips for using employment agencies and private investigators

Table of Contents:

1. BACKGROUND CHECKS
Why Perform Checks?
Do You Have a Duty to Check?
Screening for Illegal Aliens
Childcare Providers and Schools
Health Care Providers
Transportation Safety

2. AVOID NEGLIGENCE LIABILITY
Background on Negligence
Negligent Hiring
Negligent Supervision

3. OBTAINING AND USING BACKGROUND INFORMATION
Collecting and Using Information
Criminal History Records
Military Records
Driving Records
Medical Inquiries and Examinations
Educational Verification
Social Security Numbers and Privacy

4. USING EMPLOYEE CREDIT REPORTS
The Fair Credit Reporting Act
Steps for Complying with the FCRA
Failure to Comply with the FCRA

5. PROVIDING JOB REFERENCES
What Are the Risks?
You’re Not Off the Hook Yet:Duty to Warn
Minimize the Risks of Giving References
Reference Immunity

6. PERFORMING PRE-HIRE TESTS
Checks for Substance Abuse
Honesty and Psychological Profiles
Skill and Aptitude Tests
EEOC Selection Guidelines

7. BACKGROUND CHECKING TECHNIQUES
First Things First
Review Applications and Résumés
Prepare and Conduct Structured Interviews
Should Everyone Get the Same Check?
Conduct Reference Checks
Personal References
Certifications and Licenses
Employment Agencies and Private Investigators
Investigation Paperwork

And there's so much more. Order your report today and begin your next round of background checks without trepidation.