Risk Checklist
The following is a checklist of some legal and practical issues to be reviewed in connection with
assessing your background screening program. Not all of these items will necessarily apply to your
situation, but we suggest them as a starting point.
1
o Understand local laws regarding screening information and use.
Are you screening o Check with your screening provider on what screening services are available
globally? by country.
o Consider cultural differences when deciding what and how to screen.
o Create different packages as necessary by country and job type.
o Document your policy and ensure to list any unique variances by country.
2
o If you are in a regulated industry, gather requirements and a list of regulations
Are you in a with which you are required to comply. For instance:
regulated industry? » Transportation: Department of Transportation (DOT) regulations, rescreening
requirements
» Health Care: Office of Inspector General (OIG) guidance (federal and state),
License and certifications, sanctions monitoring
» Oil, Gas, and Energy: Nuclear Regulatory Commission (NRC), Federal Energy
Regulatory Commission (FERC), mass-hiring requirements
o Consult with your screening provider to determine which of its screening services
may help you satisfy your regulatory requirements, then add those services to
your screening packages.
o Consult with your legal counsel to verify that your screening program complies
with industry requirements.
3
o Determine if executives should be screened differently from other roles.
What jobs or positions o Determine if those with access to financials, funds, assets, or sensitive material
require different should be screened differently from others.
levels of screening? o Identify roles with regulatory requirements like drivers, pilots, and those who
work with the sick, elderly or children.
o Consider each position’s physical, digital, and intellectual property access.
o Consider whether employees who work from home require the same screens as
those who work onsite.
o Don’t forget to review access to safety-sensitive positions (e.g., home care,
deliveries, working with children).
o Create screening packages that correspond with roles or levels within
your organization.
4
Do you have the right o Consider the types of crimes and their age that would impact a person’s ability to
perform their role and if your searches cover those crimes (e.g., Identity theft for
criminal history seaches
access to sensitive personal information pulling from federal courts)
selected for your
screening packages? o Determine if the position requires driving or crossing several county or state lines.
o Ensure your criminal searches provide source data that is the most accurate and
up-to-date information available.
5
o Verify with your legal counsel that your screening program meets local, state,
Have you verified that federal, and industry requirements.
your screening practices o Ensure that special attention is paid to how the Fair Credit Reporting Act (FCRA)
are compliant? governs your program and program execution.
o Employ legal counsel that will notify you when employment laws change,
for instance:
» Ban the Box state laws
» Use of credit reports
» Use of criminal history information
» Legalization or medical use of marijuana
6
o Consider whether any of these populations have the same or similar physical,
Do you screen your digital, financial, or intellectual property access.
vendors, contractors, o Verify that your vendor contracts identify any background screening requirements
and temps? with detail about types of screening packages by position.
o Ensure that your company has a way to validate and enforce adherence to
the policy.
7
Does your screening o Ensure you have a documented policy that is reviewed for compliance and risk
program provide your every year.
team with visibility o Create screening packages taking into consideration global, industry, job, and
across your program? regulatory requirements.
o Consult with your screening provider to make packages easily accessible to those
managing employee screening.
o If possible, integrate your screening results with an Applicant Tracking System to
have all candidate information in a central location.
Copyright © 2014 HireRight, Inc. All Rights Reserved. All other trademarks are the property of their respective owners. Reproduction and distribution of this
publication in any form without prior written permission is prohibited.
HireRight prepared these materials for informational purposes only. These materials are not intended to be comprehensive, and are not a substitute for, and should
not be construed as, legal advice. HireRight does not warrant any statements in these materials. Employers should direct to their own experienced legal counsel
questions involving their organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply.
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