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An Employer’s Guide to Managed Background Check Compliance
Tim Gordon
October 29 2024
Employer background checks are an essential tool for building safe, reliable, and compliant workforces. However, interpreting background check results requires more than a simple “pass or fail” approach. This is where criteria evaluation and individualized assessment come into play.
These two processes ensure fair hiring decisions. They help companies comply with legal obligations, including state laws and Employment Opportunity Commission (EEOC) guidelines.
Let’s explore what criteria evaluation and individualized assessments are. We will see how they work and why they are important for effective and compliant hiring.
What is Criteria Evaluation in Employer Background Checks?
Criteria evaluation is a service provided by background check companies, like InfoMart, that simplifies the decision-making process for employers. At the start of your screening program, the background check provider works with you to determine the hiring factors that are relevant to you.
For example:
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- Your company may allow criminal history with misdemeanor offenses but not job-related felonies.
- You might require clean driving records for roles involving vehicles.
- You may disqualify candidates based on a credit report if the role involves handling finances.
Once you set these criteria, the background check provider sorts results into groups. For example:
- Passed: When a candidate meets all the hiring criteria.
- For Your Review: When a candidate does not meet one or more criteria.
This process ensures you make decisions based on job-related, legally defensible factors.
Keep reading: Dive deep into employer background check compliance with this in-depth guide
When Does an Individualized Assessment Come Into Play?
When a background check is “for your review,” there is a chance that you might find adverse information that would impact your hiring decision on that candidate.
EEOC guidance says you must do an individual assessment before making that adverse decision. This means you cannot disqualify a candidate just because of the existence of convictions in the criminal records search or other public records.
Instead, you must review the flagged information and consider the context, including:
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- The nature and gravity of the offense or conduct
- The time that has passed since the offense
- How the conduct relates to the nature of the job
For example, a candidate may have a 15-year-old misdemeanor. If it is unrelated to the position’s duties, they may still be a good fit. However, a recent felony tied to fraud might disqualify someone applying for a finance role.
This approach ensures fairness, supports compliance, and helps employers create a defensible adverse action process.
Keep reading: Learn how to comply with ban the box laws and create a fair hiring process that fosters equal opportunity
BMW paid
$1.6M
when its hiring policy excluded applicants with criminal records. The policy did not consider the context of the offenses.
Why Criteria Evaluation and individualized Assessments are Essential
Together, criteria evaluation and individual assessment offer several benefits to employers:
Improved Compliance
Individualized assessments align with EEOC guidance, reducing the risk of litigation tied to hiring discrimination. Documentation of decisions ensures your process remains legally defensible.
Streamlined Hiring Processes
By sorting background check results as “passed” or “for your review,” criteria evaluation simplifies decision-making.
Fairer Hiring Decisions
Individualized assessments ensure employers evaluate every candidate on a case-by-case basis. It promotes inclusivity and gives individuals with past offenses a second chance where appropriate.
Reduced Risk
By identifying potential red flags and requiring additional review, these processes help employers avoid hiring decisions that could harm the organization or other employees.
How to Implement Criteria Evaluation and Individualized Assessments
Employing these services effectively requires careful planning. Here’s how to start:
1. Set Clear Criteria
Work with your background check provider to establish job-related hiring standards. For instance:
- Which types of offenses should be flagged?
- Are time limits placed on certain records, such as criminal history or driving records?
- Should certain roles require specific checks, like education verification or credit reports?
2. Train HR Teams
Your hiring team should understand the importance of individualized assessments. Train them on how to perform the reviews and how to document their findings to comply with state law and federal regulations.
3. Document Decisions
When making a hiring decision after an individualized assessment, document your reasoning. Include findings from the background check services and how they relate to the position’s requirements.
Keep reading: Get tips on crafting a simple, compliant disclosure and authorization process
4. Leverage Technology
The right tools streamline these processes. Many platforms flag areas of concern, track hiring decisions, and store records securely, helping you remain efficient and compliant.
EEOC sued Sheetz because their blanket criminal background check policy disproportionately affected African American applicants (Legal Dive)
The InfoMart Difference
Employers don’t have to manage this process alone. Background check providers offer managed compliance background check solutions tailored to your company’s needs.
InfoMart helps make the process easier. Our team helps you set clear criteria and provides tools for individual assessment. This way, it stays ahead of changing legal requirements.
With InfoMart, you can be confident your hiring decisions are fair, defensible, and compliant.
Keep reading: How Applicant Advocate Programs Help Candidates & Protect Businesses
The Future of Fair Hiring
Criteria evaluation and individualized assessments aren’t just legal obligations — they’re opportunities to promote fairness and inclusivity in the workplace. By leveraging these processes, companies can reduce risk, improve compliance, and foster a workforce that aligns with their values.
Ready to enhance your hiring process? Discover how InfoMart’s tools and expertise can simplify background checks for employers. Choose to protect your business and your candidates.
Keep reading: How your background check provider should be keeping your employee data safe
About Tim Gordon
Tim Gordon, InfoMart’s Chief Compliance Officer, is a seasoned, knowledgeable professional in the background screening industry dedicated to driving InfoMart’s operations efficiently and profitably. Tim utilizes his extensive history in multiple positions across the company to oversee the processing of InfoMart’s core service offerings. He joined InfoMart in 2004; his tenure at InfoMart has been one of efficiency, communication, and continued innovation. With over a decade of experience running InfoMart’s compliance team, Tim is instrumental in proactively updating company regulations to keep InfoMart ahead of legislative changes. He previously sat on the Background Screening Credentialing Council with PBSA, where he helped oversee the accreditation program. Now, he serves as the Chair of the Professional Background Screening Association, where he helps steer the screening industry and shapes compliance initiatives globally.
About InfoMart
InfoMart has been revolutionizing the global background and identity screening industry for 30 years, providing businesses the information they need to make informed hiring decisions. They develop innovative technology that modernizes talent onboarding, including a first-to-market biometric identity authentication application and a verified sanctions search. The WBENC-certified company is a founding member of the Professional Background Screening Association, and they have achieved PBSA accreditation in recognition of their consistent business practices and commitment to compliance with the FCRA. The company is dedicated to customer service, speed, and accuracy, and it has been recognized for its success, workplace culture, and corporate citizenship with over 45 industry awards. To Get the Whole Story on InfoMart, please visit www.InfoMart-USA.com, follow @InfoMartUSA, or call (770) 984-2727.