Despite massive layoffs across a variety of industries, essential workers, such as those in retail, are being hired, and as hiring continues so to should thorough pre-employment background screening. As the Covid pandemic continues to paralyze economies all over the world; in the USA it remains very important that employers still employ a thorough vetting process to help weed out malfeasant individuals during the hiring process. Now is a critical time to remain diligent in all hiring practices and policies, and, despite the economic downturn due to Covid-19, hiring managers and HR Departments must continue to thoroughly background check all new employees; a subsequent best practice remains working with a well-qualified third-party pre-employment background screening agency.
Across the country companies continue to hire new employees during the Covid pandemic and pre-employment background screening should be a part of the hiring process. Now, more than ever, hiring managers and HR departments must remain diligent in hiring practices and pre-employment background screening agencies should be utilized to provide legally compliant, accurate, and up-to-date information.
During the current economic upheaval related to the Covid pandemic, it is important to note that the laws governing pre-employment background screening have not been put on moratorium or relaxed. All laws that govern the use of public records (such as criminal background records) as related to background screening, remain fully intact. The laws, policies and regulations governing pre-employment background screening have not changed during the pandemic.
From Lexology.com (Aug. 20, 20):
Don’t ignore federal and state background check laws while waiting for the dust to settle on this pandemic! Here is what employers need to know about these requirements.
Generally speaking, before an employer may obtain a background check (also called a “consumer report”) from a third-party background check provider (also called a “consumer reporting agency”), the employer must make a clear and conspicuous written disclosure to the individual that a background check may be done. In fact, the document must consist “solely” of the disclosure… The candidate or employee must also provide written consent for the employer to obtain a background check report. Different requirements exist for “investigative consumer reports” (those based on interviews of the individual’s friends, neighbors and associates), and for employers regulated by the Department of Transportation (depending on their hiring practices). lexology.com/library/detail.aspx?g=159821ee-3fa1-4344-89c1-ebd125262953
And the critical and important reasons for background screening applicants has not changed either.
From Forbes.com (Apr. 16, 20):
Employers have a legal duty to ensure that a prospective worker does not present a danger to the organization or its clients. Negligent hiring occurs when employers fail to act reasonably when hiring an individual, and that individual subsequently harms someone else. Once a candidate is hired, employers are responsible for supervising their employees and ensuring that a worker’s retention does not present probable harm to the organization or its clients. Employers who fall below their duty of care and negligently hire or retain a worker could be liable for that worker’s bad acts. forbes.com/sites/alonzomartinez/2020/04/16/covid-19-what-should-employers-consider-as-they-adapt-their-background-screening-program/#32d657ccae0f
In short the message about background screening is that nothing has changed as far as laws, policies, and procedures during Covid-19, and that is the importance of the message coming out now.
It is also important to note that employers still need written consent from a potential hire before conducting background checks on the individual. This letter is called an “employee release form” and if investigative consumer reports are to be had as well there also needs to be a clear explanation of these kinds of reports being conducted as well. In addition an employer also has to be cognizant of other laws regarding hiring practices like ban-the-box laws that may apply to them and may limit when in the hiring process certain background checks like criminal background checks can be conducted. All in all it is still a best practice for employers to utilize a professional background screening company to provide background check reports in a compliant and legal manner.
To learn more about why performing in-depth employment screening on prospective hires is still very important even in a world under the Covid-19 pandemic read recent CriminalBackgroundRecords.com press release: During Covid-19 Background Screening Should Continue Without Change; States CriminalBackgroundRecords.com