What To Do When Your Candidate Fails a Background Check

Background Checks, Candidate Fails, Safe Workplace

By Turn Staff
On July 20, 2023

Background checks are essential for informed hiring decisions and maintaining a safe workplace. But what happens when a candidate fails a background check? In this blog post, we'll explore the steps employers can take to navigate this situation.

What is a "failed" background check

A “failed” background check occurs when concerning information or alerts are discovered about a job candidate. However, it doesn’t automatically disqualify the candidate. The ultimate hiring decision should depend on the role and the specific information revealed.

Reasons to "fail" a background check

A failed background check can result from criminal history, employment or education record discrepancies, an unsafe driving record, or a failed drug test. Different checks provide different information, and evaluating the results is crucial for making an informed decision.

Things to consider about background checks

Criminal history: Evaluate the severity of convictions and their relevance to the position.
Employment history: Investigate any discrepancies between the resume and verification.
Education history: Assess candidates with invalid or missing academic credentials.
Motor vehicle record: Unsatisfactory driving records may exclude candidates from driving-related roles.
Drug test: Failed drug tests can disqualify candidates based on the role and legal requirements.

What to do when a candidate "fails" a background check

Consult your background check policy: Ensure consistency, compliance, and fair treatment of candidates.
Send a pre-adverse action notice: Inform the candidate about adverse findings, provide the background check report, and outline their FCRA rights.
Allow the candidate to respond: Give candidates the opportunity to dispute inaccuracies or provide additional context within the specified timeframe.
Make a hiring decision: Consider your policy, individual assessments, and EEOC recommendations.
Send a final adverse action notice: After the waiting period, communicate the decision, reasons, and dispute options.

Navigating Failed Background Checks: Guidelines and Solutions

Dealing with a failed background check is a challenge for employers. By following policies, complying with regulations, and considering individual circumstances, fair and informed hiring decisions can be made. Consult legal experts to ensure best practices in screening and hiring, ultimately fostering a secure and productive work environment.

If you’re in need of a reliable partner for background checks, Turn is here to simplify the process. With ongoing compliance and risk management in mind, Turn offers rechecks and continuous monitoring, keeping you updated on workers’ behavior and enhancing safety standards.

Schedule some time with our experts to review your screening process and create a fairer future with equal employment opportunities for all.

Disclaimer:

Turn’s Blog does not provide legal advice, guidance, or counsel. Companies should consult their own legal counsel to address their compliance responsibilities under the FCRA and applicable state and local laws. Turn explicitly disclaims any warranties or assumes responsibility for damages associated with or arising out of the provided information.

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