The guidelines regarding how employers may obtain and utilize information during the background screening process continues to change, making it hard for many employers to keep up-to-date with this information. In fact, last year the Equal Employment Opportunity Commission (EEOC) issued new guidance for employers who conduct background screenings based on Title VII of the Civil Rights Act of 1964. The new guidelines pertain to how employers can screen potential employees with a history of criminal activity.
When a landlord does find disqualifying information on a potential tenant's screening report, it's important to reject the applicant in a way that is fair and compliant with industry standards to avoid the potential for litigation.
Even with the benefits of temporary employees, including flexibility and lower overall labor costs, just as with traditional employees, hiring a temporary laborer carries a significant set of risks.
The best way to avoid the potential for rejection is to provide clear standards to the renter before they complete an application. Let the person know what you'll be looking for, and what would automatically disqualify a person from renting your property.
* Use a set of criteria that is uniform to determine which positions within your company require a criminal background check.
Additionally, many people who use a temporary placement service or staffing firm will assume they have completed the background check for their workers, but this isn't always the case. Not only is it possible that a temporary agency wouldn't perform any check at all, but it's also possible that, even if a screening does take place for employees, it's not comprehensive or complete in nature. The information kept on-hand by a staffing agency about an employee may also be outdated.
It's often best for landlords to supply this information in written form, as opposed to orally or electronically, because it gives the landlord a course of action in case of litigation. The landlord should also give the rejected tenant a notice of his or her right to obtain a credit report as well as their right to dispute the credit report.
Performing Screenings for Temporary Employees
* Understand not only the federal requirements of the Fair Credit Report Act, but also any pertinent state laws. Remember, state laws vary greatly, so don't simply rely on federal laws.
Numerous studies have demonstrated that temporary employees are more likely to have criminal backgrounds, so, as an employer, you should check comprehensive records, including county court records.
By taking the above measures it's possible to ensure that you're not only able to conduct comprehensive background checks to keep your business, financial interests and other employees safe, but that you're also following federal guidelines. As an employer it's important to remember that these laws and guidelines regularly change, so working with a qualified and professional screenings service is a great way to ensure you maintain compliance in the face of possible changes.
When a landlord does find disqualifying information on a potential tenant's screening report, it's important to reject the applicant in a way that is fair and compliant with industry standards to avoid the potential for litigation.
Even with the benefits of temporary employees, including flexibility and lower overall labor costs, just as with traditional employees, hiring a temporary laborer carries a significant set of risks.
The best way to avoid the potential for rejection is to provide clear standards to the renter before they complete an application. Let the person know what you'll be looking for, and what would automatically disqualify a person from renting your property.
* Use a set of criteria that is uniform to determine which positions within your company require a criminal background check.
Additionally, many people who use a temporary placement service or staffing firm will assume they have completed the background check for their workers, but this isn't always the case. Not only is it possible that a temporary agency wouldn't perform any check at all, but it's also possible that, even if a screening does take place for employees, it's not comprehensive or complete in nature. The information kept on-hand by a staffing agency about an employee may also be outdated.
It's often best for landlords to supply this information in written form, as opposed to orally or electronically, because it gives the landlord a course of action in case of litigation. The landlord should also give the rejected tenant a notice of his or her right to obtain a credit report as well as their right to dispute the credit report.
Performing Screenings for Temporary Employees
* Understand not only the federal requirements of the Fair Credit Report Act, but also any pertinent state laws. Remember, state laws vary greatly, so don't simply rely on federal laws.
Numerous studies have demonstrated that temporary employees are more likely to have criminal backgrounds, so, as an employer, you should check comprehensive records, including county court records.
By taking the above measures it's possible to ensure that you're not only able to conduct comprehensive background checks to keep your business, financial interests and other employees safe, but that you're also following federal guidelines. As an employer it's important to remember that these laws and guidelines regularly change, so working with a qualified and professional screenings service is a great way to ensure you maintain compliance in the face of possible changes.
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