Employee Screening and the Law: What Employers Must Know – Guest Post

When hiring new employees, employers usually conduct a background check that can reveal a lot of information, such as their education, previous employment as well as their credit history, and they can also scan the candidate’s social media footprint. While such screenings can help employers find the right candidate, employers must be careful not to exploit such availability and protect candidate data.

Understanding the Legal Landscape

In most countries, employers must follow some laws so that they can meet the legal obligations regarding the reliability of the people that they hire. For example, when hiring people in the financial sector, it only makes sense to hire a person who has good integrity, and that can only happen by doing a thorough assessment of their reliability, and this can be done by checking whether they appear on sanction lists, and also checking the information that they consume in their customer systems. The FCRA sets clear guidelines for background checks when employing someone, and meeting the requirements is not only a legal responsibility but also an essential corporate one. There are also some other requirements regarding employee scanning, such as those followed in Los Angeles and California, highlighted in the Fair Chance Initiative for Hiring Ordinance (FCIHO), which ensures that the screening process is extremely fair and transparent.

The Risks of Non-Compliance

Not complying with certain policies like the FCRA can cost you a lawsuit as well as extreme fines that can hurt your company in many more ways that just costing you money as you will be using a lot of resources such as taking up the time of your human resources and legal teams, and also scaring the employees already working under you, who may leave your company in fear of things getting worse. Such non-compliance issues can also risk the reputation of your company, and reduce its trustworthiness, as FCRA regulations concern the privacy rights of employees. You may lose your customer base due to such issues as consumers prefer companies that protect the people, especially their data and privacy, and such a scandal can be an indicator of privacy breaches. Nowadays, every news spreads on social media like wildfire, so protecting your company by protecting the privacy of your customers and employees is essential.

Ensuring PAT Is Legally Compliant

Some jobs are physically demanding, which is why you must hire people who match the job description and can actually take on a physical challenge, and this will only help your company in the long run, as it will cut down on the risk of injury, create an environment that is safe to work in, and give everyone tasks that they are capable of doing, and through PAT Services, you can assess the physical abilities of the candidates and check whether they are able to perform the job safely and securely. However, such tests should only be conducted when it is necessary, as you may run into legal issues otherwise, and make sure to follow all the documentation, stay consistent with the needs of the business, and test all employees regularly.

Tips to Ensure Candidate Safety During a Physical Assessment

Scan candidates for their physical abilities when the job involves a lot of heavy lifting or repetitive motion, or the safety of the worker is directly dependent on how physically able they are, or the physical abilities are directly proportional to the productivity of the work. Before conducting such tests, you should take some precautions to avoid issues, like always obtaining the written consent of the candidate you are testing, and matching the screening methods to what the job actually requires, and you should also ensure that you keep all employee data secure and confidential, and hire a third-party service so that the test is accurate and the candidate feels protected.

Conclusion

When employing a candidate, you have access to a lot of their information, which is why you become responsible for protecting it and not sharing it with others without their consent, and when it comes to screenings that require physical testing, the matter gets even more delicate, and employers should be even more careful so that they can protect their company from any legal issues and protect the privacy of their candidates.