The rules they are a changing, as we like to say at GroupOne Background Screening. But new laws are a constant in our industry, with key regulatory changes taking place frequently. We’ll be the first to admit it’s tough to navigate. But there are fundamental insights HR directors should be aware of when navigating the background screening industry.
In addition to keeping up with evolving regulation at the local, state AND federal levels, HR employees should look ahead and prepare for new technology that will be a part of the future. Here’s a few topics to be aware of.
Legal Considerations
When it comes to legislative best practices, compliance and talent acquisition professionals should continuously monitor legislation. Legal counsel is a must to review policies and practices.
For example, workforce managers should familiarize themselves with “clean slate” laws, which require the removal of certain types of criminal records from public court files. The laws inspire candidates to have a fresh start by allowing the sealing or expungement of certain records. Where these laws are applicable, employers may not have access to certain criminal records.
If you are hiring in a location where these records are no longer available, you may want to consider the requirements of the job and adjust your hiring to account for these laws.
A recent development in background screening, and one that could provide huge challenges, is the U.S.-wide spread of laws either banning certain background checks or pushing them deeper into the hiring process. When it comes to best practices, certain administrative steps should be taken to comply with regulations such as the Fair Credit Reporting Act.
As we’ve noted in past blogs, earlier this year in California, the Superior Court of Los Angeles County ruled it would no longer include the month and year of birth as criteria in criminal name searches. It has most definitely slowed down the background screening process in the City of Angels, creating a barrier to completing background checks. Access to such identifiers in the public record is a key component of background screening, but the new laws have slowed down the process.
Artificial Intelligence (AI)
Perhaps more than any other topic in hiring today, the use of AI technology ranks No. 1. In so many ways, the future is here, and HR directors should prepare.
It’s important to have a detailed strategy when using AI-based tools in your organization. Meetings between your company’s HR, compliance and legal experts are crucial, and implementing ongoing governance is important.
You should be aware of guidance from agencies such as the U.S. Equal Employment Opportunity Commission and other laws that require employers to ensure AI does not have a bias or adverse impact on protected individuals. The financial penalties could be steep for non-compliance, intentional or not.
Background Screening Vendors
GroupOne is certainly not the only background screening provider in the market. But we do offer the full range of products and services necessary for you to have a safe and productive workplace. Your background check provider should be at the very top of technical compliance requirements. And yes, we are.
We also have an extraordinary team of compliance experts, dedicated customer service and continuous innovation for accurate identity verification. Cost and speed of turnaround for background screening reports are also key. But please note, if the speed is too good to be true, it’s likely there could be errors and the use of outdated information. And that only leads to bad hiring decisions which none of us can afford.
Please do not hesitate to contact us at GroupOne should you have questions.
The information and opinions expressed are for educational purposes only and are based on current practices, industry-related knowledge and business expertise. The information provided shall not be construed as legal advice, express or implied.