There are many reasons why a job candidate might fail a background check, some more problematic than others. It doesn’t mean you shouldn’t hire a candidate who failed a background check after a job offer.
These five steps will help you make an informed hiring decision while following your company’s hiring guidelines and all applicable laws.
We will discuss the most common reasons for a background check to fail in this article. It is crucial that you follow your company policy, abide by both federal and local laws, and follow crucial procedures.
Several factors can prevent someone from passing a background check, including criminal history, education discrepancies, poor credit history, damaged driving record, false employment history, and failed drug tests. Each of these reasons is discussed in turn here: some are certainly more problematic than others.
1. Criminal History
It is up to you whether you are able to hire the person regardless of his or her record, including industry regulations as well as the position they are applying for. It may be discriminatory to refuse a job to an individual with a criminal history in certain circumstances.
2. Education Disparities
People who find themselves unemployed often feel the need to fluff up their resumes. Education verification background checks can identify claims that do not correspond to reality, such as an applicant’s higher education history.
3. Driving Record Damaged
If an employee gets into an accident while on the clock or behind the wheel of a company vehicle, checking their driving record can prevent legal and insurance concerns.
4. Drug test failed
It is a major liability when employees use illicit drugs. The results of a pre-employment drug test could result in the individual being excluded from the pool of potential employees if they have used an illegal substance. A consistent screening process ensures that all new hires are treated the same.
If the employee fails the background check after being offered a job, follow these five steps for an approach that is systematic, clear, and legal:
Step 1: Check Your Policy
Ensure your employee background verification screening policy outlines everything that goes into the background check, including social security verification, past employment and education verification, reference checks, criminal history, motor vehicle records, and (where allowed) credit history. You must adhere to those terms carefully and equally with every candidate.
Step 2: Send Pre-Adverse Action Notifications
To let the applicant know that you won’t be hiring them based on the results of the background check, give him or her a pre-adverse action notice, along with a copy of “A Summary of Your Rights Under FCRA.”.
Step 3: Let Your Candidate Respond
This is when you give the applicant the opportunity to discuss the issues brought up by the background screening. There is a valid explanation for a discrepancy in employment history. Only the person knows.
Step 4: Make Your Decision
Employers can conduct individualized assessments as long as they use the guidelines set out by the EEOC and follow their own company policy. If you hire the candidate, you’ve already completed the initial background check.
You can make informed hiring decisions with the help of a thorough background check. It makes your job of hiring a qualified candidate easier, which can make a job applicant who does not have a clear background check very happy.
Here are some tips to help you handle such a situation professionally and effectively:
1. Understand the reasons: Review the background check report and understand the specific reasons why the candidate failed. Different aspects, such as criminal records, employment history, education verification, or reference checks, might contribute to the failure.
2. Adhere to legal obligations: Ensure that you comply with all applicable local, state, and federal laws regarding background checks and candidate evaluation. This includes following regulations like the Fair Credit Reporting Act (FCRA) or any other relevant laws governing background checks in your jurisdiction.
3. Communicate with the candidate: Schedule a meeting with the candidate to discuss the results of the background check. Provide them with an opportunity to clarify any discrepancies or address the concerns that led to their failure. It’s important to maintain a respectful and empathetic tone during the conversation.
4. Allow the candidate to provide context: Listen attentively to the candidate’s perspective regarding the background check findings. There might be extenuating circumstances or misunderstandings that could help you reassess their suitability for the position. Consider their explanation and exercise discretion when making decisions.
5. Review the job requirements: Revisit the job description and the qualifications required for the position. Assess whether the findings of the background check directly impact the candidate’s ability to perform the job duties effectively, pose a potential risk to the company, or violate any legal requirements.
6. Weigh the severity and relevance: Not all background check findings are equal in terms of their impact on job performance. Evaluate the severity and relevance of the issues identified during the background check. Determine whether the concerns are significant enough to disqualify the candidate or if they can be mitigated through additional measures.
7. Consult legal counsel: If you are unsure about the legal implications or the appropriate course of action, it’s advisable to consult with an employment attorney or legal expert. They can provide guidance based on the specific laws in your jurisdiction and help you make informed decisions.
8. Consider alternative positions or adjustments: If the candidate is deemed unsuitable for the originally intended role, explore whether there are other positions within your organization that might be a better fit, considering the background check results. Alternatively, discuss potential adjustments or accommodations that could address the concerns while still allowing the candidate to contribute positively.
9. Document the process: Maintain detailed records of all interactions, decisions, and communications related to the background check. This documentation will be valuable in case of any legal disputes or if you need to justify your decision-making process later on.
10. Treat candidates fairly and consistently: Establish clear and consistent policies regarding background checks to ensure fairness and equal treatment of all candidates. Apply these policies uniformly across all applicants to maintain a level playing field and avoid any potential bias or discrimination.
Remember, each situation is unique, and it’s crucial to approach the issue with a fair and objective mindset. Balancing legal requirements, company policies, and individual circumstances will help you make informed decisions while treating candidates respectfully throughout the process.
Background checks are an essential part of the hiring process, helping employers make informed decisions and ensure the safety and integrity of their workplace. By conducting thorough background checks, employers can mitigate potential risks and verify the accuracy of candidates’ claims. It is crucial to handle background check results with sensitivity, fairness, and adherence to legal obligations. Remember to consider the specific circumstances, weigh the severity and relevance of the findings, and maintain open communication with the candidate throughout the process. By following these tips, employers can navigate background check failures effectively and make well-informed decisions about candidate suitability.
Are background checks mandatory for all positions?
The requirement for background checks can vary depending on the nature of the position and industry. Some positions, particularly those involving sensitive information, financial transactions, or working with vulnerable populations, may have stricter background check requirements. It’s essential to ensure compliance with relevant laws and regulations.
How long does a background check usually take?
The time required for a background check can vary depending on factors like the depth of the check, the availability of records, and the efficiency of the screening provider. Typically, background checks can take anywhere from a few days to a few weeks.
What should I do if a candidate’s background check reveals negative information?
If a candidate’s background check reveals negative information, it’s important to assess the severity and relevance of the findings in relation to the position they applied for. Consider discussing the findings with the candidate, giving them an opportunity to provide context or explanation. Evaluate the potential impact on their ability to perform the job effectively and any legal implications that may arise.
