Breaking Down the Background Check: Who Can’t I Hire?
So you’ve got the background check for your applicant and there is a ton of information, but what exactly are you looking for? Who can’t you hire according to the standards within your industry?
Sometimes compliance laws can be a never ending maze that seems to move its walls just as you think you’ve found the proper path. So how do you build a hiring policy around a background check based on your industry? Many organizations believe that private companies have complete autonomy over the process, but that isn’t always the case. Let’s take a look at long-term care facilities as an example.
Organizations classified as long-term care facilities (retirement homes, nursing homes, assisted living…) have specific state laws and federal laws that govern the types of criminal histories that are prohibited from serving in certain positions. Not only can ignoring these policies terminate operation in their state, it can also prohibit the facility from legally being able to get paid for the care they provide!
Here in South Carolina, anyone with abuse charges, neglect charges, or exploitation of children/vulnerable adults cannot be hired by the facility. In addition, long-term care organizations can only participate in the state supplemental Medicaid program if administrative/support personnel have ZERO felonies within the last 10 years. Participation in the Medicare program is no exception, as individuals with any convictions or employment history including child/client abuse, neglect, or mistreatment can not be employed by the facility.
We could continue on and on, but the point is there are many legal prohibitions floating around out there. You want to make sure you are aware of them and have a compliant hiring policy built around them, as well as a fully compliant adverse action process in the event you have to turn someone down based on their consumer report.