HR Management ComplianceRecruiting

Prime Background Screening Tendencies in 2020


In 2020, employment background checks are trending towards rising complexity, added controversy about screening social media habits, and the necessity to guarantee company compliance with vital new legal guidelines that fluctuate by state and typically even by metropolis. Keep abreast of those adjustments to make sure your Human Sources insurance policies are present and within the know.

Supply: Guzaliia Filimonova / iStock / Getty Pictures

Authorized dangers and security mandates lead the highest developments for Human Sources departments in 2020. In a transparent case of “immediately’s information doesn’t inform the total story,” most of 2020’s prime background screening developments have been years within the making.

If there’s a theme for 2020’s HR developments, it’s “stability.” For each have to examine an worker’s background, there’s an equal want to think about authorized tasks and your organization’s threat elements for discrimination when performing background checks.

Social Media Background Screening

Screening of social media posts for content material that’s anathema to an organization’s values continues to develop in significance—and controversy—in 2020. CareerBuilder’s 2018 survey of over 1,000 HR administrators discovered that two-thirds (66%) of employers used serps to analysis the social media presence of job candidates.

The survey discovered that 36% of hiring managers had handed on a candidate as a result of she or he posted details about consuming or utilizing medication. Different disqualifying social media habits employers discovered included:

  • Discriminatory feedback (31%)
  • Mendacity about {qualifications} (27%)
  • Unhealthy-mouthing earlier firm or workers (25%)
  • Sharing confidential info (20%)

Employers Beware: Social Media Background Examine Results in Lawsuits

There’s a serious catch to social screening. The highest recommendation popping out of the HR neighborhood is to “display screen correctly” to keep away from threat. However in line with the Society for Human Useful resource Administration (SHRM), employers ought to by no means display screen social media instantly. Jennifer Gladstone, Employment Background Investigations, Inc. (EBI), Screening Information Community Editor-in-Chief, says that employers that search candidates’ social media instantly and act upon what they see are risking a possible discrimination lawsuit.

One attainable decision is to conduct social media background screening via accredited businesses. Credit score reporting businesses (CRAs) can present a abstract of a candidate’s social media posts and solely report what’s actionable.

On the federal degree, the Equal Employment Alternative Fee (EEOC) and the Truthful Credit score Reporting Act (FCRA) provide equity safety to candidates, and 25 states even have legal guidelines relating to truthful use of candidates’ social media. Nevertheless, as a result of this space of background examine companies continues to be new, the authorized panorama could be very unclear, so most respected CRAs avoid it.

Steady Background Checks

Don’t cease checking after workers are employed. Steady screening of worker information may help defend companies from legal responsibility in a while. Transportation and trucking industries have at all times had ongoing well being screening, together with drug testing. Different industries, together with training and well being care, are starting to display screen present workers to determine areas of downside or threat, from drug use to potential authorized issues.

In 2018, solely 4% of HR professionals surveyed by SHRM mentioned they carried out steady background checks. These checks should be carried out in compliance with the FCRA and may embody worker consent every time a post-hire background screening happens.

Screening Gig Employees

Rideshare big Uber made waves when it launched its survey of 2018 information that confirmed over 3,000 sexual assaults, 58 deaths in automotive accidents, and 9 murders.

Ridesharing platforms and healthcare staffing businesses are all anticipated to extend prehiring and ongoing screening of gig staff in 2020. It isn’t simply ridesharing companies which are in danger.

The relations of 75-year-old Florida grandmother Evelyn Udell sued Finest Purchase and two supply subcontractors for failing to conduct satisfactory background checks on a supply driver who murdered Mrs. Udell whereas delivering a washer and dryer. The killer, who’s awaiting trial on first-degree homicide expenses, had a minor prison background, was driving with a suspended license, and admitted to cocaine and marijuana use.

Wage Historical past Bans

As of January 2020, 18 states, Puerto Rico, the District of Columbia, and 21 cities or counties had enacted a ban on requesting wage historical past as a criterion for hiring or promotion. Wage fairness is a part of the motivation for banning questions on wage historical past in background checks and interviews: The persistent pay hole between women and men and amongst ethnic teams may be compounded by this beforehand frequent HR follow.

Some states, together with Louisiana, Missouri, and Mississippi, restrict their ban to some cities or metropolis and state places of work. Different states, together with New York and California, prohibit employers from asking for wage particulars from potential workers and former employers.

Opposing Views on Legal Background Checks

We’ve heard loads of publicity about “ban the field” legal guidelines prohibiting employers from asking about prior prison convictions. These legal guidelines, together with a Fair Chance Act into consideration in Congress, have handed in a complete of 33 states. Main companies like Walmart, Goal, Dwelling Depot, and Koch Industries have adopted ban the field insurance policies.

One factor is evident: When hiring and working employment background checks in 2020, you’ll be required to stability your small business threat tolerance with security issues and an more and more complicated authorized and technological panorama.

Jared Rosenthal is the Founder and CEO of Health Street. Rosenthal is a CEO turned entrepreneur, actuality TV present host, and tech innovator. Whereas arising the ranks of company America, he cultivated a mannequin of cell advertising utilizing RVs to deploy groups of individuals to the streets of NYC, replicated it in Chicago, after which introduced it to dozens of cities nationwide, at one level managing over 400 individuals.

Regardless of his success, he at all times yearned to strike out on his personal. In the end, he purchased a used RV and launched Well being Avenue, a cell drug testing and DNA testing firm, in 2010. Initially driving the corporate’s sole RV himself, he famously painted “Who’s Your Daddy” on the facet of the truck to promote the corporate’s paternity testing companies. A photograph was printed within the NY Put up, which led to a crush of curiosity from tv producers. VH1 picked it up, airing an eight-episode collection, Swab Tales, about Rosenthal and his DNA testing purchasers.

Not too long ago, he has led Well being Avenue’s pivot to know-how, notably pioneering revolutionary software program that enable companies to simply arrange drug assessments and occupational well being companies at over 10,000 clinics nationwide. The software program now serves over 20,000 SMBs, as Well being Avenue continues to innovate and develop below Rosenthal’s management.

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