Background Checks and Fair Chance Hiring Policy
Purpose and Scope
Your Business, LLC uses background checks to help protect the people it serves, its employees, its property and its information, and to meet legal and contract requirements. This policy explains which checks are done, when, how candidates and employees are told and asked for permission, and how results are reviewed fairly. It applies to applicants who receive a conditional offer, current employees who are checked for a new position or on a periodic basis, and, where a contract requires it, volunteers and contractors.
Your Business, LLC will run the same checks for every candidate for the same position, and will not use background checks to discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, veteran status or any other characteristic protected by law.
Definitions
In this policy:
- Consumer reporting agency: a company that assembles or evaluates information on individuals and provides reports to others, such as a background screening company.
- Consumer report (background report): any report from a consumer reporting agency about a person's character, general reputation, personal characteristics or mode of living used for employment purposes. It includes criminal record, driving record, credit, education, employment and license checks obtained from a screening company.
- Investigative consumer report: a consumer report based in part on personal interviews with neighbors, friends, associates or former employers, such as reference interviews done by a screening company.
- Adverse action: a decision not to hire, promote, transfer or retain an applicant or employee, or another decision that hurts the person, based in whole or in part on a background report.
- Conditional offer: an offer of employment that depends only on the results of a background check and any other conditions stated in the offer.
Checks Performed and Timing
Depending on the position, Your Business, LLC may conduct the following checks:
- Criminal history, county, state and federal, as allowed by law
- Employment history verification
- Education, degree and professional license or certification verification
- Reference checks
Your Business, LLC does not ask about criminal history on its job application or in interviews. Background checks, including criminal history, are conducted only after a conditional offer of employment has been made.
Your Business hires in a state without a private-employer ban-the-box law. It follows the timing and review rules in this policy for all positions.
Disclosure and Authorization
Before Your Business, LLC obtains a background report from a consumer reporting agency, it will meet the requirements of the Fair Credit Reporting Act, which states:
(i) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and (ii) the consumer has authorized in writing (which authorization may be made on the document referred to in clause (i)) the procurement of the report by that person.