How Proper Employment Screenings Can Keep Your Company Compliant

Dec 03, 2021

Background screenings can offer a wealth of valuable information to inform your employment decisions and help you hire and retain the safest, most effective workforce. When such screenings are not done in proper compliance with federal, state, and local regulations, however, these powerful tools can instead open your company up to liability. 

Important Elements of Background Screening Compliance

Employers and job candidates alike recognize the importance of background screenings in creating a safe, effective workplace. Background check requirements are in place to help level the playing field so that candidates are assessed more fairly on their merits for a specific position rather than rejected unfairly. Specific federal requirements for background checks address issues such as:



  • When and what types of background checks can be performed
  • How job candidates must be notified of background checks and their results
  • When background screening details may be used to make hiring decisions
  • What information may be gathered in a background check

Laws Governing Background Screening Compliance

While there are numerous regulations at all levels of government to address screening compliance, some of the most widely applicable include:




Other federal regulations as well as state and local laws will usually also apply. Ensuring you work with an experienced, reputable company to perform background checks on potential and current employees is vital to protecting your company and the employees you have and may want to hire in the future.

Why Is Background Screening Compliance Important?

Failure to perform background screenings in compliance with applicable regulations is not only unethical, it is often illegal. Meeting screening requirements protects both job candidates and employers from liability and helps to limit discrimination and unfair hiring practices. Proper screenings can also promote better communication between employers and potential employees.

At Employers Reference Source, Inc., we have the expertise to ensure background screenings are performed effectively and in full compliance with current laws and regulations. Contact us today to simplify all of your background check needs.

Background Screening Compliance: What Does That Mean For Your Business?
21 Nov, 2022
Federal, state, and local laws work together to protect American workers from discriminatory employment practices. Read more about how you need to be in compliance when using background screening in hiring decisions.
California Senate Bill 1262 Vetoed: Background Check Delays Expected
11 Nov, 2022
California Governor Newsom recently vetoed a bill that would have allowed the return of birthdates and driver's license numbers as searchable fields in California court records. What does that mean for background checks?
Why Background Checks Matter in the Gig Economy
01 Nov, 2022
As an employer, hiring gig workers comes with changes to traditional hiring processes. While employment verifications (I-9s) aren't required for gig workers, job candidates must still be approved for hiring. Learn more about why background checks matter!
Employers: Continue Using Existing Form I-9 After October 31, 2022
19 Oct, 2022
The current version of Form I-9 is scheduled to expire on October 31, 2022 but because proposed changes have not yet been finalized, the USCIS just announced that employers should continue using the current form. An additional announcement will be made in the Federal Register indicating the new version is available.
Top 6 Things to Learn From Social Media Screenings
11 Oct, 2022
Social media screenings offer a valuable insight into both current and future employees. Let's look at six things you can learn from this service that complements traditional background checking options.
7 Common Questions About Drug Screening in the Workplace
01 Oct, 2022
It can be challenging to know where things stand on allowable drug screening processes. Here are answers to some common questions on the topic.
Is E-Verify Mandatory in Your State? | Employers Reference Source
22 Sep, 2022
Federal law requires the use of E-Verify for employers who are federal contractors or vendors. Currently, 22 states mandate E-Verify use for at least some employers and some categories of employees.
The Biggest Hiring Challenges in 2022 | Employers Reference Source
11 Sep, 2022
A recent survey conducted by Ogletree Deakins indicates what is probably no surprise to many employers — hiring and retention represent the biggest challenge employers currently face. While background checks won't necessarily make your employees more satisfied, they can make you more satisfied with your employees.
How’s the Latest Job Report Looking? | Employers Reference Source
01 Sep, 2022
Hiiring and retention represent the biggest challenge employers currently face. While background checks won't necessarily make your employees more satisfied, they can make you more satisfied with your employees.
Ban the Box: When Are Criminal Background Checks Legal? | Employers Reference Source
22 Aug, 2022
Criminal background checks can be an important part of ensuring worker and customer safety, as well as protecting your business and reducing your liability. Federal, state, and local laws, however, including "ban the box" legislation, restrict when and how that information can be gathered and when it can be used in relation to hiring and employment decisions.
More Posts
Share by: