There are hundreds of background check companies that aim to help businesses stay compliant. Does this mean that background checks are one-size-fits-all? Will a background check that works for a food service job be just as useful for a transportation job?
The truth is not all background check companies are created equal, and many don’t know how industry laws affect the background check process. This disparity creates problems in highly regulated industries, such as healthcare, transportation, or finance. If your background check company doesn’t understand your industry, then you’ll never be sure if they’re compliant.
This article will explain why you need to hire a background check company that understands your industry, which industries have stricter laws for background checks, and how you can find a background check company that knows your industry.
There are many industry-specific laws regarding what type of background check is required for different positions. For example, in the field of education, schools that teach minors have to run a sex offender background check on potential teachers before hiring them.
These industry laws usually add one or two specific background checks to your pre-employment screening process. If you don’t run these background checks, then you’ll no longer be compliant which could bring legal troubles to your company.
Industry laws may also change the legal parameters of the background checks you perform. For example, EEOC guidelines suggest that employers should only review the past seven years of an applicant’s criminal history. In contrast, in the healthcare industry, it may be required that you search much further back. Often, these laws allow you to search back until age 18. This provision is beneficial to you in an industry where every hire can impact the lives of others.
Try asking your background check company what industry-specific laws you need to comply with. If the company that you’re using can’t give you a definite answer, then it won’t be able to help meet your industry’s requirements. Even though it was the background check company that made a mistake, you’d be the one paying the price for their negligence.
It’s clear that having a knowledgeable background check partner is beneficial. But, how can you know whether or not your industry is highly regulated?
The industries with the heaviest background check regulations include education, healthcare, criminal justice, financial services, and transportation. If you’re hiring for a position in these fields, then it’s especially important to use a company that understands the laws for your industry. Remember, if they make a mistake in the background check process, your company could be subject to legal consequences.
This is exactly what happened to Whole Foods, Dollar General, and Panera in 2015. These respected companies were sued due to not complying with the Fair Credit Reporting Act (FCRA). If these large corporations are susceptible to a lawsuit over a technicality, then having industry-specific laws in the mix puts you at an even higher risk.
Also, because the laws for industry-specific background checks are often changed or revised, it’s vital that your company stays up to date. For example, on January 1st of 2018, the Department of Transportation added a panel of four synthetic drugs to their required drug testing. If your background company doesn’t know that and you are in the transportation industry, your company could face a lawsuit.
You can find a background check company that understands your industry by talking to representatives at the company and asking what they know about industry-specific background checks. You can also see if the company has an industry page on their website and read through it to see what they offer. This will help you learn a lot about their expertise.
At Trusted Employees, we know what you need for your industry and can help you understand what laws pertain to your industry. We have specialized background check services that will help you figure out what you need and ensure that you stay compliant when hiring. We also offer additional background check options to make sure your screening is as thorough as possible. Talk to a representative to get a customized background check package today.