Note: It is ok to run different packages for the various positions within your company. Whenever an employer uses a background check to make a decision that is not in favor of the applicant, the employer is taking Adverse Action and must follow certain rules to maintain compliance. D epending on where you operate or where your applicant resides, you may be required to meet local Adverse Action regulation, such as the New York City Fair Chance Act Notice.
Local laws may require employers to make a conditional offer of employment before conducting a background check, which you will need to factor into your Adverse Action Policy. Please note: this blog is not all-encompassing and is not meant to provide legal advice.
Our Blog. First time Candidate A first-time candidate can be defined as a recent graduate or individual with little to no professional job experience. Minor Background Checks A minor is defined as a person under Limited Information on Minors Many employers argue that since minors will have limited information on their background check, it is not worth the time and money spent on the searches.
Recommended Products Resume Verification: there may be intern experience, volunteer work, or extracurriculars that may be relevant to the job position.
Compliance Per the EEOC, you cannot screen an applicant based on age, disability, sex, race, national origin, color, religion, or genetic information. Vanessa Mitchell Passionate blogger dedicated to making your life easier when it comes to background screening. Subscribe to our Blog. But maybe you want to learn even more about the Choice Difference? Connect with us. Facebook LinkedIn Twitter. For example, the majority of criminal records for minors are sealed, making them unattainable.
An exception would be in limited situations where a minor was convicted as an adult. Additionally, minors generally are unable to obtain credit until age 18, making credit history unlikely to exist. Past employment and educational records, however, should be available, and personal references can also be obtained. Therefore, when using pre-employment screening information in hiring minors, employers may need to adjust their policies and practices in terms of what information they will have available to use.
Employers may wish to seek legal counsel to draft a screening policy that best protects the employer when hiring minors. You may be trying to access this site from a secured browser on the server.
Please enable scripts and reload this page. June 5, Reuse Permissions. Page Content. Background Investigations. You have successfully saved this page as a bookmark. OK My Bookmarks. Please confirm that you want to proceed with deleting bookmark. A parent or legal guardian possesses full legal authority over the minor, with respect to any legally binding decision.
Therefore, when running a criminal background check on a minor, an employer must obtain parental consent to authorize the background check. Employers may wish to seek counsel to draft a consent form applicable to minors.
If a minor cannot provide consent from a parent or legal guardian, we recommend for employers to consult their counsel for an alternative practice. Most states and countries outside the U. For example, California and Massachusetts have laws that prohibit employers from inquiring about any juvenile records for employment purposes.
See California Labor Code, Section It is worth noting that majority of states seal juvenile criminal records unless the minor was criminally convicted as an adult. Additionally, employers cannot access credit information for minor because most individuals under the age of 18 cannot obtain credit. Employers may also obtain any personal reference checks, if available. The service you provide at Truescreen has been the best I have ever seen in comparison to other vendors I have worked with in the past!
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