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Can Background Checks Be Wrong
Criminal Background Checks: 3 Ways Employers Can Go Wrong Posted on April 23, 2013 by natsb In April of 2012, the Equal Employment Opportunity Commission (EEOC) provided employers with updated guidance on the proper legal use of criminal background checks. Most employers now perform background checks to avoid the liabilities and monetary losses involved with hiring, and sometimes firing, the wrong person. Hiring the wrong candidates could prove to be costly for employers that have not been thorough in background checks. Additionally, employers and property managers use background checks to make informed placement decisions, retain the most qualified candidates, and mitigate the risk in selecting the wrong candidate.Increasingly, background checks are entirely computer-generated, sometimes matching records with the wrong person. The company hired to run her background check for a potential employer mistakenly found the wrong Kathleen Casey, who lived nearby but was 18 years younger and had a criminal record. As a consumer who has also worked in the background check industry for 14 years, I cringe on behalf of job applicants when I read stories about employment background checks that find the "wrong man." It seems to happen often that a background check finds inaccurate negative information because the background check was not thoroughly completed to get the most accurate information available.
If a background check company refuses to correct an entry that you can prove is wrong, you may have a claim against them under the Fair Credit Reporting Act. And when you consider that the vast majority of employers conduct some type of background check, it adds up that many innocent job seekers are not being hired because of background checks gone wrong. Companies in general, and HR Professionals specifically, should regularly ask themselves if their background check process is doing enough to minimize the risk of hiring the wrong person.
Sometimes the information employers obtain through a background check can be slightly misconstrued or even completely wrong. Funny things can go wrong with background checks so it's very important that you monitor what employers might see. If the hiring manager makes a job offer to the candidate before conducting the background check, there is a probability of selecting a wrong candidate for the position.
But even if you decide to conduct background checks but get your timing wrong, there is a high chance that you will either waste lot of money (if you conduct checks too early in the process) on unnecessary checks or the candidate will go to another organization (if you conduct checks too late or if the background check process takes too long). A careless background check company, meanwhile, can pull the wrong records entirely — especially if you have a common name. You submit to them when applying for a job, opening a bank account, renting or buying a home, securing financing because you're starting a business, the list goes on and on. Unfortunately, sometimes background checks are just wrong.
But every so often, the data we use to build our background check reports gets something wrong. If an employer knows—or should have known—about an employee's relevant criminal background, they may face negligent hiring claims if the employee is accused of further wrongdoing. According to a new report from the National Consumer Law Center , the information provided by background screening companies is often wrong in some way.
The employer is usually to ashamed of telling the employee what was found in the background check knowing that what they did was evil and wrong —plus there is no confidentality about what was found -thus the HR people can blab whatever they want. If the background screening company reported the information wrong, then it should fix your report. While a little controversy isn't going to get rid of traditional background checks altogether, more people have become aware of the potential consequences of a check gone wrong.
Many job seekers are confronted with misinformation in their background checks, forced to prove the findings wrong and fight for the position they deserve. "The law already requires licensed gun dealers to run background checks, and over the last 14 years that's kept 1.5 million of the wrong people from getting their hands on a gun," Obama said..
http://www.indiana.edu/~uhrs/eev/bkg-chk-tips.html
https://your.yale.edu/work-yale/managers/hiring-new-and-departing-employees-compensation/background-checks
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