Basic HR Tips for Supervisors

When an employer conducts background checks they must be careful about the process in which they use to obtain applicant information.


Below are rules and tips on how to conduct legal background checks to protect your company from legal liabilities:

• Follow company policy concerning background checks for every applicant.
• Make sure that you have a signed disclosure and authorization form for every job applicant.
• Give each applicant a written notice when background checks are required. Inform them of what types of checks will be made.
• Inform the applicant that any false or misleading information may result in refusal to hire or employ. Misinformation may also lead to termination or discharge if discovered after the person is employed.
• Discuss the company’s interest in keeping a safe and productive work environment for all staff members, thus the reason for the background check.
• Consistency is very important. Make sure that each applicant receives the same type of background check for the same job position.
• Only conduct background check if job offer is made. Also, let the candidate know that the job offer is contingent on the background results.
• Any negative or potentially damaging information uncovered by the background check should be discussed with the candidate. Give them an opportunity to explain.
• All background check information must be kept confidential. This information should be kept in the employee’s permanent personnel file.
• Base the extent of all background checks on the risk and responsibilities for each position.

The trend in HR is to look at the past 7 years. States have different laws on how far back you can look but Texas doesn't specify.
Employers are simply asked to assess the following:

1. The nature and gravity of the offense or offenses
2. The time that has passed since the conviction and/or completion of the sentence 
3. The nature of the job held or sought

If you focus on these three areas of concern and the risk is too high then you made a good faith effort to protect your company, employees and customers. If you assess these three areas of concern but you can't provide a clear answer for why an applicant was denied employment then you may find yourself in hot water.


You could be held liable for discrimination so make sure applicants are only being denied if there's a direct correlation with their background and the position they'll be in if hired to work for your company.


TrendHR offers background check services for clients. Should you or any member of your team have questions or concerns about conducting background checks, please contact TrendHR at 214-553-5505.