Best practices to keep in mind when conducting background checks

Q         If we’ve made a job offer but the prospective employee hasn’t accepted it yet, do we have to wait to conduct a background check?

A   In Colorado, you don’t have to wait for an applicant to accept her job offer before you conduct a background check. But before conducting any background check, you should have the applicant sign a background check authorization form and comply with all obligations under the federal Fair Credit Reporting Act (FCRA).

You should additionally tell the applicant the job offer is contingent upon receiving a satisfactory result on the background check. According to the Equal Employment Opportunity Commission (EEOC), before basing an employment decision on criminal history information appearing on a background check, you should consider the nature and gravity of the conduct, how much time has passed since it occurred, and the nature of the job.

As a best practice, you should also give applicants a chance to explain the circumstances behind any negative information appearing in their background checks and to provide mitigating information. If you decide not to hire an applicant based on the results of a background check, you must additionally comply with other obligations imposed by the FCRA.

Devra Hake is a law clerk with Holland & Hart LLP’s labor and employment practice group. Devra practices out of the firm’s Denver, Colorado, office and may be reached at dthake@hollandhart.com.