The first and second blogs I wrote on the topic of the new EEOC guidance described the details of the ruling and the lack of accurate data for background check partners. In a final installment on the topic, I wanted to include further information from my interview with a background check provider.  We talked about those who commit a crime and how community service completed can adjudicate – or dismiss the guilt.  There is still a crime that was committed. 

As an example, without mentioning names, pick a starlet you might know who committed a crime.  The judge tells this starlet to complete community service as a consequence of her actions.  The request is completed so therefore, even though there was a crime committed, there is a dismissal or “relief of guilt” because she completed her community service. Now there is no record of this crime.  And if the starlet is sentenced to jail, due to the overcrowding in our correctional institutions, her dismissal can be almost immediate.  

So now you are dealing with arrests and convictions that are not reported or not reported in the timeframe when you are conducting the background check.  Or they are never reported in the first place because they were dismissed. Arrests can be found, but if there is no conviction, why care? This relates back to HR’s old processes and policies. It is the perception of an arrest and the severity or fear of information that might be problematic in the workplace.  Add to that the fact that the states don’t have accurate or timely information when the background check partner is conducting the search.  It’s a hornet’s nest.  As I mentioned in a previous post, each state and county has its own way of uploading data and accuracy is not a particular strong suit among many of them given budget and personnel cuts.

So should you expect from your background check provider in this mess of data points? A partner who is knowledgeable about the legal system, has an understanding of what information to provide an employer, has their eyes on all the documents so you are getting the right person attached to the right document/data, and who can help you understand the new guidelines and legal ramifications.  I always hear clients say they want the fastest turnaround on information.  As an employer, do you want the provider to produce the background check in the fastest time or a partner who will take the time, review each document and find you the best data possible?  

Workforce Management magazine reported in its October 2012 issue that the Federal Trade Commission recently filed a lawsuit against an employment-background screening company that provides consumer reports to companies nationwide.  HireRight Solutions violated the Fair Credit Reporting Act by failing to use reasonable procedures to ensure the maximum possible accuracy of information it provided.  The company paid $2.6 million in settlement fees.  

The FTC alleged that, in many cases, HireRight failed to take reasonable steps to ensure that the information it provided was current and reflected updates, such as expungement of criminal records.

It’s a good idea to review, update and train your HR staff on the new EEOC guideline and how you will handle the process internally. Talk with your background check provider and find out their internal process and how the ruling might affect you and what you receive from them. Communicating to Hiring Managers might be in order as well. It should be noted; this EEOC guideline is not mandated but prior to this ruling, a large well-known beverage company paid out $3.13 million on a discrimination claim on this very topic. It always helps to be prepared.

Have you experienced any issues or changes in the background check process from your vendor? Have you had this discussion with them yet? Please share your experiences.

Mary Claire Ryan is a Partner with inTalent Consulting Group