• Backgrounds checks are vital to the hiring process.
• Background checks can vary in extent and depth.

A background check can have far-reaching consequences if done insufficiently, or not done at all. resumes are not always factual, and job candidates can lie on their application about their:

• Education
• Experience
• Criminal record
• Employment history

Employers should always verify applicants’ information, and failing to do so could be costly.

The type of background check performed may vary depending on the position, but not by person. If employers perform a check on candidates for a certain position, they must do so for all candidates for that position. This does not mean employers must perform a check for every applicant, but if they ordinarily check the top three finalists, they must be consistent.

Likewise, employers cannot limit background checks to certain individuals based on their:

• Race
• Age
• Religion
• Gender
• National origin

Any background checks performed should be done objectively, without regard for the individual. For example, a gap in employment may be more than simply a period of unemployment indicating employees were:

• Laid off,
• Terminated, or
• Quit before they lined up another job.

It could also be the result of jail or prison time. Employers are obligated to avoid hiring someone who poses a threat to other employees or to members of the public. Performing a thorough background check and finding employment gaps is the first step in that process. Hiring managers should check references well, especially dates of employment, since many candidates lie to cover gaps in employment on their applications.

Performing an adequate background check does not necessarily mean doing an all-out check for every single position. An adequate check refers not only to the extent of the check, but also to what is appropriate for the position. For example, if an employee will have no access to money and will not deal with any of the company’s financial matters, a credit history check may not be reasonable, and depending on state law, it might not even be legal.

For employees who deal with the public, particularly in unsupervised situations where they are required to enter peoples’ homes, a criminal record check is likely justified. Because employers have a duty to protect the public from violence or other harm that an employee may cause, they should perform an adequate check to determine if a candidate would pose a risk to others.

Generally, the greater the responsibility of the position, the more extensive the background check.

When to check

When background checks are conducted on job applicants, they should be performed at the same point in the hiring process, usually after extending a conditional offer of employment. Some employers will include questions on the job application asking applicants whether they have any convictions, but they should be aware that many states, and quite a few cities, have adopted so-called “ban the box” laws to prohibit such questions. Typically, these laws prohibit inquiries about criminal history until the first interview, or until after a conditional job offer has been extended.

Background checks are usually conducted for incoming candidates, but they aren’t limited to the beginning of employment. Many employers perform checks on internal candidates when they are:

• Promoted, or
• Upon transfer to another position that harbors different responsibilities.

Employers shouldn’t assume that candidates’ backgrounds were adequately and thoroughly checked when they were hired. Even if they were, employees’ personal lives change over time. Any number of things may be discovered that weren’t there when they were hired, or weren’t relevant to the position at the time, but are relevant now.

For example, employees hired for entry-level positions that did not involve handling cash or company funds might have undergone a basic background check. If they receive an offer of promotion to a higher position that does involve such responsibilities, employers may want to conduct a more thorough background check.

Employers should keep in mind that the amount of time passed since a conviction (or financial problem, such as bankruptcy) should be considered when deciding if background check results should justify withdrawing a job offer. If an employee has been with the company for more than 10 years and has a strong performance record, older convictions may not be relevant. On the other hand, if the employee has recent issues outside of criminal convictions, that could bear on the decision of if the offer should be withdrawn.

What to check

A background check might incorporate any of the following:

• Criminal records
• Court records
• Credit history
• Motor vehicle records
• Employment history
• Educational background
• Professional licenses
• Military records
• State sex offender registry
• References
• Drug tests

This is not an exhaustive list, and in most cases, these can be checked before an offer is made. After a conditional job offer is made, the company may be able to make job-related inquiries into candidates’ physical fitness for the position by:

• Making medical inquiries, or
• Checking into their workers’ compensation records.

However, all entering employees in a particular job category must undergo the same physical evaluations. If a job offer is withdrawn based on medical information, the company must be aware of the legalities of doing so.