What is a Model Policy for Pre-Employment Background Checks?
Creating a Background Check Policy: Ensuring Safe and Compliant Municipal Hiring
The first step in establishing a program for pre-employment background checks is to develop a written policy with legal counsel. This policy can ensure a consistent approach is taken in the hiring process in all departments:
The policy should consider and/or cover:
• A description of the types of background investigations that will be conducted for different positions;
• The kind of information needed from the candidate, including the candidate’s consent; and specification of how the background information will be used.
• The type and depth of background checks should be based on the position and job duties. For example, the background check process for a laborer in the public works department may be less intense than that for a recreation supervisor who works with children. Checking references and the driving record for the laborer may be sufficient. For the recreation department candidate, checking references, the driving record, criminal history and child abuse records will probably be necessary.
• If the employment application states that the entity plans to conduct a thorough background
investigation, a candidate with a questionable background may remove himself/herself from consideration for a position. The application should send a clear message to potential job candidates that the municipality will use stringent screening and selection criteria.
• Most employers cannot have a “no felony allowed” policy for all positions. The conviction must have a direct connection to the position. For example, a conviction of theft may very likely prohibit a candidate from being selected for the Clerk/Treasurer position but may not necessarily for a lifeguard position. The Equal Employment Opportunity Commission has information that can be of assistance when developing policy for background checks on their website.
• A legal authorization form must be signed by the applicant granting the municipality permission to run criminal, driving and/or credit reports.
• Adverse action notices must be issued to any candidate that is not selected based on results from any of the above-mentioned reports. The Fair Credit Reporting Act has very strict guidelines on what this form must contain and the timeliness of its delivery. Using a third-party vendor will increase the employer’s odds of following all of these federal requirements.
In addition, the employment application should include the following to support the pre-employment background investigation process:
1. A statement indicating that providing false information on the application form will be grounds for dismissal and a requirement for the applicant’s signature. The “dismissal” wording should apply to 3. Governing the Municipality 79 false information provided or detected during the pre‐hiring process or if false information is uncovered post-hire.
2. A statement indicating that a background check will be required of all applicants prior to a job offer. An area that requests an explanation of “gaps” in the candidate’s employment history other than gaps relating to pregnancy, child care, a disability or any other protected activity.
3. Public entities should also consider including a release form with the employment application. A release form signed by the candidate authorizes the entity (or another outside organization) to conduct various types of background investigations.
The policy should consider and/or cover:
• A description of the types of background investigations that will be conducted for different positions;
• The kind of information needed from the candidate, including the candidate’s consent; and specification of how the background information will be used.
• The type and depth of background checks should be based on the position and job duties. For example, the background check process for a laborer in the public works department may be less intense than that for a recreation supervisor who works with children. Checking references and the driving record for the laborer may be sufficient. For the recreation department candidate, checking references, the driving record, criminal history and child abuse records will probably be necessary.
• If the employment application states that the entity plans to conduct a thorough background
investigation, a candidate with a questionable background may remove himself/herself from consideration for a position. The application should send a clear message to potential job candidates that the municipality will use stringent screening and selection criteria.
• Most employers cannot have a “no felony allowed” policy for all positions. The conviction must have a direct connection to the position. For example, a conviction of theft may very likely prohibit a candidate from being selected for the Clerk/Treasurer position but may not necessarily for a lifeguard position. The Equal Employment Opportunity Commission has information that can be of assistance when developing policy for background checks on their website.
• A legal authorization form must be signed by the applicant granting the municipality permission to run criminal, driving and/or credit reports.
• Adverse action notices must be issued to any candidate that is not selected based on results from any of the above-mentioned reports. The Fair Credit Reporting Act has very strict guidelines on what this form must contain and the timeliness of its delivery. Using a third-party vendor will increase the employer’s odds of following all of these federal requirements.
In addition, the employment application should include the following to support the pre-employment background investigation process:
1. A statement indicating that providing false information on the application form will be grounds for dismissal and a requirement for the applicant’s signature. The “dismissal” wording should apply to 3. Governing the Municipality 79 false information provided or detected during the pre‐hiring process or if false information is uncovered post-hire.
2. A statement indicating that a background check will be required of all applicants prior to a job offer. An area that requests an explanation of “gaps” in the candidate’s employment history other than gaps relating to pregnancy, child care, a disability or any other protected activity.
3. Public entities should also consider including a release form with the employment application. A release form signed by the candidate authorizes the entity (or another outside organization) to conduct various types of background investigations.