b'Background ChecksBy: SEAY Management ConsultantsBackground checks have always been an integral part ofThe three factors are:the onboarding process, they help employers gain a better understanding of who they are hiring. Over the years the1. The nature or gravity of the oense;employmentregulationshavebecomemorecomplex.2. Thetimethathaspassedsincetheoense Employershavearesponsibilitytocreateasoundoccurred; andonboardingprocessthattheyutilizewitheachpotential3. The nature of the job held or sought.newhire. Thefollowingaresomebestpractice recommendationsthatwesuggestinaneorttoFor example, if you have an applicant who has a criminal strengthen your current process. conviction on their record, you must consider the nature of Once you have established a relationship with a reputablethe oense.Was it violent?The second factor revolves Consumer Reporting Agency (CRA) you must ensure thataroundthelengthoftimethathaspassedsincethe each potential new hire signs a consent form authorizingconviction. Did it happen within the last 6 months or did it the background check.The potential new hire must alsohappen5yearsago? Ifithasbeenseveralyears,the receive a Summary of Rights as a requirement of the FairEEOC would take the position that the conviction should CreditReportingAct(FCRA). Werecommendthatyounot be considered when making an employment decision. havethe(CRA)runalocal,stateandfederalrecordsThenalsteprequiresthatanemployeranalyzethe check. According to recent guidance issued by the EEOCpositiontheapplicantisapplyingforandtheconviction youcannotuseanapplicantsarrestrecordswhenDoes this conviction have a direct impact on the job they considering employment. For example, if an applicant haswouldbeperformingforyourCompany? Linkingthe been arrested but never convicted you should not take thecriminal conduct to the essential functions of the position arrests into consideration when deciding whether or not tocan help an employer prove that a decision not to hire was hire that individual. made out of business necessity. A hiring decision should be made after considering the above factors.AfteryouhavereceivedtheresultsofthebackgroundThe question we get most often when a potential new hire checkthedecisionprocesscanbegin. TheEqualhas a record of some sort is what do I do next? When Employment Opportunity Commission asks that employersthe answer is not clear cut, we recommend contacting a consider 3 factors when deciding whether or not to hire anprofessionalwhoiswell-versedintheemployment applicant with a criminal background. regulations.Midwest Drycleaning & Laundry Institutewww.MWDLI.org / 765-969-5745 10'