New technology helps companies to go beyond pre-employment checks and allows for the monitoring of current employees for concerning behavior. Continuous monitoring is a real game-changer for employment screening and adds immeasurable value to any employer. While some industries are mandated to do periodic screening, there are more companies than ever embracing some form of continuous background check.
Continuing compliance with the Fair Credit Reporting Act (FCRA), the Equal Employment Opportunity Commission (EEOC) guidance and applicable state laws is essential. Employers will need to familiarize themselves with these regulations before starting a continuous monitoring program.
Continuous monitoring programs can help to make workplaces and communities safer. Listed below are five questions an employer should keep in mind when implementing an ongoing monitoring program with a third-party background check company.
Will your hiring and employment policies need to be amended?
The simple answer, yes. Ask yourself what type of report that will be run and add this to your policy. What procedures will you follow after receiving the results of the report? Consult with legal counsel to remain within jurisdictional regulations.
When should you seek authorization and consent?
The FRCA mandates that employers must obtain the job applicant’s consent before running a background check. State laws dictate the language that is required on a background check authorization form. If the applicant signs the Release and Authorization form during the hiring process, this document works for background checks at any time. However, it is essential that every time the employer wants to run a background check for their employees, that they make sure the release form still complies with the current FCRA regulations. If the release form is no longer compliant, a new form will need to be obtained for continuous monitoring.
How do I make sure the information reported is accurate?
A third-party background screening company runs a quality check to verify the information. At SELECTiON.COM®, precise searches are returned almost immediately, and all searches returning with records are reviewed manually by our experienced research team to reduce false-positive results and to ensure accuracy. In those cases, the average turnaround time is two to three hours, during regular business hours – Monday thru Friday, 8 AM to 5 PM.
How often should I re-screen current employees?
Quarterly Watch® by SELECTiON.COM® combines our Search America® national criminal database with background check automation. Employers can re-check their employees to verify that no illegal activity has occurred since hiring. Most of our clients choose to re-screen every three months, while others prefer annual and semi-annual checks.
What action can be taken from the record?
Employers should follow procedure after receiving the background check report. According to the EEOC, an employer cannot act or base employment decisions solely on arrest or incarceration records. However, new criminal activity may lead to an investigation to understand the details and other circumstances surrounding the event. After the independent investigation, it is up to the employer to make a disciplinary decision regarding the specific employee.
When an employer finds a criminal record on a background check run pre or post-hire that causes the applicant to be rejected or terminated, they must follow the FCRA mandated adverse action policy. This process gives applicants and employees the opportunity to review and dispute the information in the report. Your legal team should determine how this policy applies to continuous monitoring and what the procedure should be for the employers regarding suspension, discipline, or termination of an employee.
The Quarterly Watch® product by SELECTiON.COM® has proven to be a great asset to many companies. Out of over one million Quarterly Watch® searches ran by SELECTiON.COM® in the past year, 949 employees/volunteers had criminal hits. The Quarterly Watch® report catches criminal activity before it becomes an issue for your company.
Contact us today to add Quarterly Watch® to your company’s background screening process.
This article gives a general overview of the legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your own legal counsel for all applicant approval matters.
