Are Your Employee Background Screenings Completely Compliant?

By Paul Prudente


As a landlord you have to go through the process of screening tenants on a regular basis, and it's important to choose tenants who are going to be a good fit for your property in terms of their past history. Screening tenants relies on several types of information including credit history and criminal history.

The EEOC reports that almost one-fourth of people applying for jobs have a criminal history of some type, and the organization asserts that by denying these individuals employment, employers are denying the opportunity for employment to a large segment of the population. To address the concerns, the EEOC created new guidelines stipulating that employers shouldn't ask about criminal histories on job applications, and if they do ask questions regarding this type of information it should only be about criminal activities that could directly impact the position for which the individual is applying.

Not only are lawsuits possible if the rejection process isn't carefully handled, but it can also be an embarrassing and potentially awkward situation for both parties, which makes it even more important to handle the situation well.

The best way to avoid the potential for rejection is to provide clear standards to the renter before they complete an application. Let the person know what you'll be looking for, and what would automatically disqualify a person from renting your property.

Often employers neglect to perform screenings for temporary employees because they don't fully understand the risks. Just as a traditional employee has access to important information, such as data, personal information and financial information, as does a temp in many circumstances. Despite the fact that temps are often paid directly by a staffing company, the employer who has the worker on-site can still be held financially and legally responsible for the actions of that individual.

* Create guidelines regarding the criminal offenses that would make an employee not suitable for a particular position.

It's often best for landlords to supply this information in written form, as opposed to orally or electronically, because it gives the landlord a course of action in case of litigation. The landlord should also give the rejected tenant a notice of his or her right to obtain a credit report as well as their right to dispute the credit report.

* Always keep employee and applicant information that is obtained from a background screen private and completely confidential.

It's also a good idea to include a copy of the background or credit screening with the letter, in order to show the person exactly why they've been rejected.

As a landlord it's important to maintain copies of all such documents for your own records, in order to prevent future inaccuracies if a rejected tenant does attempt to take legal action.

With temporary employees making up about of today's entire workforce in the U.S., and that number expected to grow to 23% by 2020, it's more vital than ever for employers to understand the risks and what can be done to mitigate these potential problems during the process of hiring a temp.




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