Background Check Catch 22

Red

When you do even a simple background check like we do (ss# and criminal check in 1 or 2 counties) you need a social security # and a date of birth. Aren't these things you can't ask for? How do you approach this - do you tell someone that they are hired pending the outcome of the background check? What if you want to decide between 2 or 3 people and use this as one method to eliminate someone? How do you stay legal and still get the information you want?

Dianna

We always do the background check and drug screen as a post-offer process. I think you might run into difficulty if you use the background checks as your sole reason for hiring or not hiring someone, and is it really necessary subject your company to the cost of 2 extra tests? I would just stick with the most qualified candidate for the position and run with it.

moneyman

I agree with Dianna. We always use it as a post offer procedure then there is no issue about using that to weed out "prospective" employees. The offer is made and accepted, still with the condition that the employment will commence only after the background check and drug screening has been passed.

Don D

The devil is in the details. The minefield is in the EEOC's assumptions about why one asked for the information in the first place. They will automatically (wrongly) assume it was asked for for illegal purposes. Some application processes advise applicants that the reason the company is asking for certain information on the application is to assist in qualifying them for employment and that such information will not be used in any manner inconsistent with law. And providing it is optional. In this state it is not 'against the law' as some have indicated, to ASK for certain information.....BUT, it is 'against the law' to USE the information in any manner inconsistent with law, such as basing a hiring decision on age, of course. Those of you who work in health care (I don't) in states that will provide information from child abuse registries know that ssn and dob are needed and it takes sometimes 30 days to get a reply back from the recording agency. I would think that often the hiring decision is based on that negative report as a final factor in choosing among, for example, nurses or child care workers, when qualifications are substantially the same. Knowing I'm setting myself up, IN THIS STATE I would opt for asking for the info up front and getting the request in to the agency way before an offer is made, just so the process isn't bogged down for another month. I've heard lawyers caution about asking for ssn and dob but have not been told that it is flat illegal if used for a sensible business purpose that can be clearly shown and defended. I will now face the wall so that you can clearly see the target on the back of my shirt. x:-)

Ann

I don't know if this is a federal law, but in Florida we are required to have the applicant complete and sign a form, separate from the employment application that states that this information (SS, DOB, etc.) will be used for the purposes of conducting a criminal background check. If they refuse to sign the form then they are no longer a candidate for employment. If you would like a copy of this form, my email address is [email]menchea@doacs.state.fl.us[/email].

Red

I'm unable to get an e-mail through to you - I'd love a copy of the authorization you are using. I'm still a bit confused - to do a background check you have to provide a date of birth. You cannot ask for a date of birth before you hire someone....I think it's OK to ask for a ss# on an application. How do you handle this?

Thanks so much!

Ann

I'd be happy to give you our form and also some information I have from the FCRA regarding background checks. My phone number is (813)627-4218.

Ann

Dianna

Asking for a date of birth is not a problem in my understanding, if you do it as a post-offer, pre-employment question. If you have offered someone a job pending a background check (saying they have the job as long as the background check is clear), this is not a violation of the law to my knowledge. If so, what did Don D say about turning his back so he could clearly see the target . . . .