Pre-Employment Screening Policy

Pre-Employment Screening Policy

Pre-Employment Background Check Policy

Below you may find some suggested wording to use when developing your company's or organization's pre-employment screening and pre-employment background check policy.

In order to create a safe and secure workplace and to ensure that (Company Name) employees are qualified to perform the jobs for which they may be hired, the company will conduct pre-employment screening, including criminal background checks, on all finalists being considered for hiring.

All employment offers are contingent upon the finalist's successful completion of the applicable pre-employment screening process as defined below.

Pre-Employment Background Check Definitions

“A Criminal Record Background Check”

includes checks of motor vehicle license, court records, and criminal convictions or arrests as permitted by law,  based on identification and personal information provided by the finalist.

“Finalist”

means any person in the group of individuals actually submitted to the hiring official for selection as a new hire, or any employee of the organization that seeks a transfer, a reclassification, or a reassignment.

“Fingerprint-Based Criminal Record Background Check”

If used or required by law, includes Federal or state and nationwide checks for criminal convictions based on the applicant's fingerprints

.“Security- or Safety-Sensitive Position”

means any position designated as a Security- or Safety-Sensitive position by the business or organization due to applicable federal or state law or pursuant to rules or policies adopted by the company or organization. These may include, but are not limited to, the following types of positions:

  • Executive or accounting department positions and others with significant financial oversight responsibilities (president;  vice presidents, department heads; department directors; and business managers).

  • Positions that may have unsupervised contact with minors whether on or off company premises.

  • Positions that have direct access to Select Agents, as defined by the USA PATRIOT Act of 2001 and the Public Health Security and Bioterrorism Preparedness Response Act of 2002, except where excluded by law because the Principal Investigator does not, at any time, exceed the Select Agent regulatory threshold quantities specified under the applicable regulations.

  • Positions with unrestricted access to sensitive areas.

  • Other positions designated by the President or vice president as Security- or Safety-Sensitive.
    A President or vice president may designate a position Security- or Safety-Sensitive by notifying and justifying to the Vice President for Human Resources and Institutional Effectiveness that the position's responsibilities may expose the company/organization to significant liability. The Vice President may consult with knowledgeable subject experts as appropriate to the circumstances of the proposed hire.

Policy

Standard Pre-Employment background Screening

Prior to extending an offer of employment (including internal hires), the hiring authority or a designee or an outside firm may check and verify the following information:

  • Professional references

  • Educational credentials

  • Employment history and past performance

  • Professional license or certification (if required)

The Division of Human Resources will arrange the following records checks:

  • Motor vehicle

  • Criminal background

  • Commercial driver's license (if applicable)

Criminal Background Check Application

A fingerprint-based criminal record background check may be conducted on all finalists, both internal and external, for Security- or Safety-Sensitive positions, and on all finalists who have disclosed a prior felony conviction on pre-employment forms or applications.

A name-based criminal record background check is conducted on all finalists, both internal and external, for all other positions.

When a finalist for a change of position (such as reclassification, promotion, transfer, or other similar change) or a finalist previously employed by the company/organization has had a criminal background check within the past 12 months equal to the criminal background check required of the new position, Human Resources may exempt the department from conducting a duplicate check at the time of the internal change or rehire.

However, the company/organization may also routinely or from time to to time conduct background checks consisting of some or all of the original background check screening

Background Checks for Non-Employees

Some or all non-employees of the business/organization who are granted access to company property or resources, may be required to submit to criminal background checks in order to enjoy access to these areas.

Compliance and Responsibilities

The Division of Human Resources coordinates all criminal and motor vehicle records checks and the resulting reports. In considering whether to hire a finalist who has been convicted of a criminal offense, the company/organization will consider the following factors:

  • The relevance of a criminal conviction to job duties

  • The date of the most recent offense and employment history since the commission of the crime

  • The nature of the offense

  • The accuracy of the information the finalist provided on pre-employment forms.

  • If the felony occurred when the individual was a minor, consideration will be given to whether the minor was treated as an adult for purposes of prosecution.

Any material misrepresentation or omission on any employment application materials, including but not limited to the job application, résumé, or vita, may be grounds for rejection of the application or termination of any subsequent employment with the company

Compliance with the Fair Credit Reporting Act

In some cases, an outside vendor may uncover information that may disqualify a finalist from employment consideration. In such a case, the company will notify the finalist of the information and provide a minimum of five days for the finalist to refute, explain, or correct the information.
All of our policies are in full compliance with the Fair Credit Reporting ACT  (FCRA)

Record Retention

The Human Resources Department manages and retains criminal pre-employment screening information. Information collected on successful finalists is stored separately from the official employee files. Documents related to pre-employment screening information collected by hiring departments are filed and maintained in the departments or in accordance with law.

Information Release

Criminal history record information is regarded as confidential and will be released only consistent with applicable law.

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Disclaimer
None of the information contained in this web site should be construed as legal advice.
All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.

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