Legal Implications in the Verification Process
Verification of employment must be conducted responsibly and within legal boundaries. At KRESS, we understand the sensitivity of this process and take all necessary precautions to ensure compliance with state and federal laws, including the Fair Credit Reporting Act (FCRA).
Fair Credit Reporting Act (FCRA)
The FCRA is a comprehensive piece of legislation in the United States designed to protect the privacy and accuracy of consumer information held by consumer reporting agencies.
In the context of employment, the FCRA has regulations that govern the collection and use of consumer report information, including credit and criminal background checks, in making employment decisions. This law ensures that this information is accurate and secure and that its collection and use are transparent to the consumer.
Equal Employment Opportunity Commission (EEOC)
The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing federal laws regarding discrimination against job applicants or employees in the United States.
The EEOC guidelines are aimed at prohibiting discrimination based on factors such as age, disability, genetic information, pregnancy, race, color, religion, sex, and national origin. These guidelines are paramount when carrying out employment information verification.
Common Challenges in Verifying Employment Information
Inaccurate or Misleading Information
One of the common challenges faced during employment verification is encountering inaccurate or misleading information provided by the candidates. This can range from false employment claims to exaggerated job titles and responsibilities to false employment dates.
Time-Consuming Process
Another challenge is the time-consuming nature of employment verification. Verifying the details provided by the candidate, such as contacting a past employer or checking with educational institutions, can take a considerable amount of time and resources.
Limited Access to Information
Sometimes, prospective employers also might encounter difficulties in accessing the candidate's employment due to reluctance from previous employers to share information or due to privacy laws that restrict the sharing of certain information.
Tailoring the Verification to the Job Role
We understand that different job roles require different levels of scrutiny when it comes to employment verifications.
Executive Positions: For executive positions or roles with high levels of responsibility, we conduct a thorough and comprehensive process, including checking references and conducting interviews with past employers. This ensures that prospective employers have a complete understanding of the candidate's employment information and qualifications.
Entry-Level Positions: For entry-level positions, we focus on verifying basic information such as job title, dates of employment, and reason for leaving. This allows you to quickly and efficiently confirm the candidate's work experience without unnecessary delays or costs.
Specialized Job Roles: We perform additional checks for employment verifications for relevant roles in healthcare, finance, or technology. This includes confirming the candidate's tenure, job functions, performance, and confirmation on certifications, licenses, or specific skills as needed. Our rigorous approach ensures employers hire experienced and fully qualified individuals for their industry's demands.
Best Practices for Employers
Employment verifications are an essential part of the hiring process, and employers must follow certain best practices to ensure its effectiveness:
Maintain Consistency: It's vital to uphold a consistent approach when verifying every candidate's employment information, including verifying all positions listed on the candidate's resume. A thorough screening process not only avoids any discrimination claims but also ensures that the candidate's skills and qualifications match their stated work experience.
Obtain Written Consent: Before conducting any employment verification, employers must obtain written consent from the candidate. This protects their privacy and ensures compliance with federal and state laws.
Maintain Confidentiality: As an employer, it's crucial to maintain the confidentiality of all information obtained. This includes not sharing any sensitive personal details or any information that could potentially harm the candidate.
Comply and Stay Transparent: It's essential to adhere to relevant laws and regulations, such as the Fair Credit Reporting Act (FCRA) and state-specific laws on background checks, when verifying employment history. Keeping candidates informed about the process fosters transparency and avoids misunderstandings.
Remain Objective: It's essential to remain objective. Avoid making assumptions or judgments based on personal biases and stick to the facts and information gathered during the verification process.
