Background Checks: Top 10 Do's and Don’ts

Find the most effective ways to perform a background check and what legal restrictions may apply.

An ever-increasing number of employers are recognizing the benefits that can be derived from conducting background checks on both current and prospective employees. While background checks can be an effective tool for weeding out questionable employees, legal limitations on how such checks can be performed (and how the resulting data discovered can be used) must be understood or otherwise an employer will find itself defending against its own illegal actions. Review the kinds of background checks that can be conducted by employers, and likewise address the various legal restrictions (primarily under federal and state law) applicable to performing background checks, and related limitations placed on how acquired background information can be legally used for the benefit of the employer. Much of these latter discussions will be focused on the guidelines for conducting criminal background checks issued by the EEOC and also on the recent trend in many states of placing limits on when criminal background information can be obtained from candidates for employment through enacted Ban the Box laws. Finally, the increasing use of social media outlets to conduct background checks will also be examined, along with the potential legal risks and pitfalls of utilizing such media outlets to perform background checks.