10 Things I Know About ... Employee Background Checks
Murphy
10. DON'T ASK, INITIALLY
Generally, employers may not ask about criminal offender record information (CORI) on initial written applications.
9. HAVE A WRITTEN POLICY
Employers that conduct at least five criminal background checks annually must maintain a written CORI policy that meets the state's minimum requirements.
8. GET AUTHORIZATION
Before conducting a CORI check, employers must have the applicant sign an appropriate authorization.
7. GIVE NOTICE
If the employer uses a consumer reporting agency for the background check, federal law requires that certain notices and disclosures also be made.
6. INTERVIEWS HAVE LIMITS
If the interviewer is going to inquire verbally about an individual's CORI, state law may restrict it to certain offenses.
5. KEEP CONFIDENTIALITY
CORI must be handled confidentially and disseminated only on a need-to-know basis. Paper files must be stored separately from other personnel files and in a locked, secure location. Electronic files must be encrypted and password-protected.
4. IT'S CASE BY CASE
Generally, an employer can't institute a blanket ban on hiring individuals with criminal records. The employer should conduct an individualized assessment of whether to hire the applicant.
3. KEEP APPLICANT INFORMED
If the employer is going to use the CORI as its basis to not hire someone, state law requires the employer provide a copy of the record, identify the part that is the basis for the decision, provide a copy of the employer's CORI policy, and provide information on how to correct inaccurate CORI.
2. RESPONSE OPTION
The applicant must be given an opportunity to dispute the record's accuracy and to explain why he or she should not be excluded.
1. ALWAYS EDUCATE
Employers must train personnel who are authorized to access CORI on applicable laws. The employer must keep a list of its trained individuals.
This list is not exhaustive. Employers should consult a human resources professional or counsel trained on the applicable requirements before conducting background checks or accessing CORI.
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Michael Murphy is a labor and employment law attorney with Mirick O’Connell.
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