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How are You Handling Disqualifying Factors?

Hiring the right employee is one of the most important decisions you, the employer, can make to positively impact your organization. You have posted a detailed job description and qualifications, conducted interviews, discussed expectations, and offered the position to the perfect employee. Then the background check comes back with some concerning information. What do you do next?

Hopefully, at this point, you have already determined and documented what negative information would disqualify a prospective employee from being hired. By having this documented it will help ensure that you are being consistent in your hiring decisions. Organizations that are not able to prove they are consistent will eventually find themselves in misfortune with the Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC). Showing that you have applied the same standards to all prospective employees, regardless of other factors such as religion, race, age, and so on will keep you in a positive light with the EEOC and FTC.

Not all positions are created equally, and the disqualifying factors will vary accordingly. A prospective employee that handles sensitive financial information should have different disqualifying factors than someone who oversees landscaping. There will be some core factors, although it is suggested that each different position is reviewed to determine its unique characteristics and responsibilities. The key is consistency in your decisions when withdrawing a job offer. Prior to

taking an adverse employment action, you must give the applicant a chance to review the information and explain the negative information. You can review proper steps for pre-adverse actions and adverse actions on the EEOC website. Below is a link to help you get started:

https://www.eeoc.gov/eeoc/publications/background_checks_employers.cfm

Always confirm that you are acting in a consistent manner and that you are documenting your decisions for future reference. You will likewise want to partner with a background check provider that is providing information that has been reviewed by a certified professional screener. This will safeguard that you are using the most accurate information possible to make your important hiring decision. You should consult with an employment lawyer if you are unsure of any step in the hiring process. As always, Tracepoint LLC is here to help you with your background check needs.

 
 

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