Misuse of personal, sensitive information for hiring decisions can lead to illegal and discriminatory hiring practices. The Fair Credit Reporting Act (FCRA) is just one of many laws used to protect employees against injustices in hiring.
Companies have a “duty of care” to protect their workforce from employees who pose a security risk. That means employers must identify and avoid hiring high-risk applicants, but within a transparent and fair hiring policy.
FCRA-compliant consumer reporting agencies provide the processes for notifying a candidate when a background check uncovers adverse information. Our process includes a built-in opportunity for candidates to dispute the information.
“GoodHire is the only employment screening company I’ve seen committed to fairness in hiring for both employers and employees. Its spotless operational record proves that commitment.”
- Dr. Lawrence VanHook, Director of Project Open Gate
In addition to FCRA, state, and local laws, GoodHire’s compliance team can help you comply with increasing Ban-the-Box laws and the Equal Employment Opportunity Commission’s (EEOC) guidance.
Increasing EEOC Oversight
The EEOC has recently pursued discrimination claims against employers whose screening policies disproportionately affect a protected group. Consequently, any hiring policy that disproportionately screens out minorities, including policies that ban employment of people with criminal records that are not job-related or consistent with business necessity, may automatically be considered in violation.
Ban-the-Box legal landscape is still developing, quickly expanding its effect nationwide. We recommend companies remove the “prior conviction” question from applications proactively, to save time later and deflate EEOC attention now. If you must keep the question on your application, GoodHire is unique in providing employers additional, individualized context for criminal records.
The grassroots ban-the-box campaign aims to improve the odds of finding employment for people with criminal records by removing the question that asks about criminal convictions from employment applications. But ban-the-box laws typically don't forbid employers
from inquiring about an applicant’s criminal history or from running background checks. They can affect the timing of background checks and inquiries about criminal records, though. And they can make complying with the FCRA-mandated adverse action process trickier.
Our in-house compliance expertise is unparalleled. Find out what else we can do for your business. If you’d like to explore our product or order background checks, you can sign up for free today.