If you company needs to run a criminal background check in Buffalo, NY, you may feel overwhelmed. And, it’s a fact. The process can be confusing. At Metrodata Services, we use our blog to address commonly asked questions about pre-employment screening. Here is a brief overview of our three most visited articles in 2018.
Most arrests appear on a criminal background check within twenty-four hours. Arrests fall into three categories 1) a pending case, 2) an arrest without conviction and 3) an arrest with conviction. Pending cases are those in progress. An arrest took place and a criminal charge was filed, but the case has not yet gone to trial. In an arrest without a conviction, the individual was found not guilty or the charges were dropped, while in an arrest with conviction the person was found guilty or s/he entered a plea of guilty. Although some industries, such as financial services, require criminal background checks as part of the hiring process, ALL companies have a responsibility to protect their workers and their customers by using some level of pre-employment screening.
Of course, it is in an organization’s best interest to know as much as possible about employees when hiring, promoting or reassigning. However, federal and state regulations specify how businesses can collect and use screening information. State laws vary, but at the national level companies must be aware of the FCRA and the EEOC. The Fair Credit Reporting Act (FCRA), enforced by the Federal Trade Commission (FTC), requires employers to obtain written authorization before conducting a background check. In other words, background checks can’t be a secret. The Equal Employment Opportunity Commission (EEOC) sets laws requiring businesses to apply the same standards to everyone. As a result, organizations must use caution when basing employment decisions on background issues that may be more common among people of a certain race, color, national origin, sex, age or religion. Failure to follow any of these regulations can result in costly fines and lawsuits.
Like screening regulations, drug testing rules vary from state to state. In New York, there are no laws that forbid pre-employment drug screening. Certain jobs do, however, require mandatory testing according to NY state law. These include school system and public transportation drivers, law enforcement and correction officers and employees and participants in athletic departments. Even without specific requirements, organizations may choose to drug test to provide a safer workplace, to avoid lawsuits caused by preventable accidents, to protect their reputation, to increase productivity and to promote a healthier community.
Do you have more questions about background checks, drug testing, and employee screening? The professionals at Metrodata Services are here to help your organization make the best possible hiring decisions in Western New York. Learn about the Services We Offer today!