Background Checks

The timing of background screening is no longer straightforward, which is why Barada Associates has launched a new web resource to help our customers and associates navigate its complexities. The uncertainty has arisen largely due to legislation surrounding the “Ban the Box” movement. With this effort, personal rights advocates are urging cities, counties and states to enact laws designed to give individuals with criminal histories and other historical “red flags” the best chance of being fully evaluated as a candidate before hiring firms learn potentially negative information.

Although the intent of the effort is commendable—discrimination certainly isn’t fair—organizations have a duty to protect their own interests, as well as the welfare of their employees and customers. Consequently, Barada Associates continues to recommend that hiring professionals not perform background checks any later than absolutely necessary under current law, with a few exceptions.

The flow chart on our background check resource site provides more detail, but following are a few reasons for late background screening.

  • Your firm operates in multiple locations and it’s expeditious to “play it safe.”
  • The job is not in high demand or for a top-level/sensitive position, so defending an early background check will not be easy.

Regardless of local laws, all organizations must still stay within the confines of Equal Employment Opportunity Commission guidelines regarding the use of criminal histories and other potentially detrimental information. For this reason, all companies should routinely consult with legal counsel that specialize in employment law. Additionally, many firms choose to delegate their background screening needs—and the timing of them—to reputable, professional screening firms.