"Ask DISA" gives employers an opportunity to ask the employee screening questions they need answered. With a focus on drug testing and background screening, DISA's industry experts will answer each question received. To ask your questions, visit www.askdisa. com or email askdisa@disa.com.
This month's "Ask DISA" answers some commonly asked questions regarding the complexities of background checks.
What is the difference between comprehensive and instant background checks?
Instant background checks are more com monly known as "national criminal database searches" and provide general information pulled from a commercially available database. Although they have a quick return, the information is not corroborated against any official county court record and can provide inaccurate information, as it's not derived from a verified source. Comprehensive background checks are all-encompassing and compiled from a variety of sources, including local law enforcement, statewide criminal record repositories, departments of corrections, state parole and probation records, local public records sources, etc. This prevents mistaken identity matches that sometimes occur with instant checks when a person with the same name as the applicant has hits on his or her record. Employers must be cautious when choosing a background screening process because choosing an instant check over a comprehensive check could lead to fines and lawsuits if they don't abide by the guidelines set forth under the Fair Credit Reporting Act (FCRA).
What is adverse action, and when is it required?
The adverse action process is required for any action taken that denies an individual employment, credit, insurance, etc., based on information obtained through a consumer report. This threestep process complies with federal laws to protect applicants from discrimination. Although it's the law, many companies still fail to send adverse action notices, subjecting them to potential lawsuits. Employers must abide by the guidelines set forth by the FCRA, which requires the employer to provide a standalone disclosure informing the applicant a consumer report may be obtained with written consent. The employer must also provide a copy of the pre-adverse notice, background report and summary of rights to the applicant prior to an adverse action decision. If any adverse information appears on the background check, then a pre-adverse notice is used to inform the employee something has returned that may or may not affect the employer's hiring decision. This gives the employee an opportunity to file a dispute prior to receiving a final adverse action notice. An adverse action notice must be sent only if the employer denies the applicant employment based on the information from the background check.
If states overturn previous marijuana convictions, how does it impact background checks?
With the legalization of marijuana across many states, cities such as San Francisco have implemented conviction expunging policies (Proposition 64), which remove misdemeanors and nonviolent charges related to marijuana. Policies like these aim to get previous convictions reduced or reclassified as lesser offenses, with some convictions being dismissed altogether. This means charges that are expunged will not appear on background checks. Employers need to implement a comprehensive background screening process that will navigate individual state and city regulations. When employers use cheaper instant background checks, information can be incorrect or outdated, which could lead to potential lawsuits or liability in the workplace.
In addition, employers should consider services such as social security number validity; criminal history for federal, county and state; employment verification, etc., to provide the most accurate and up-to-date information
For more information or if you have questions about employee screening, drug testing or background screening, the professionals at DISA can help. Email your questions to askdisa@disa.com or visit www.askdisa.com.
