The Future Of Background Screening

What every employer needs to know

The world of background checks is always changing. Here are a few trends that you need to be aware of over the next few years.
 
Everything about the employment world is changing, from ideas of what the workplace should look like to what constitutes a “job.” Technology and the shifting wants and needs of younger generations are redefining work. As an employer, you will need to stay on top of these changing trends to make sure that your business can adapt.
 

One area that is sure to change in the next few years is employee background screening. Criminal background checks in the workplace are already transforming, driven by new legal standards or technological innovation. The background check policy you have in place right now may become obsolete in the next five years. Staying aware of changes will help you find the best hires while remaining compliant with all relevant legal standards.
 
The Background Check Process of Tomorrow
 
We don’t have a crystal ball to tell us what background checks will look like in 2022, 2027, or even 2018. However, we do have enough information to make educated guesses about what the future of background checks will look like.
 
Here are a few of our core predictions. 
 

In the past five years, the ban the box movement has picked up an incredible amount of steam. Ban the box policies prohibit employers from asking questions about criminal history on job applications. So far, 29 states and more than 150 cities have adopted ban the box policies. Many of those policies only apply to public jobs, but some extend to private employers. In most cases, they also bar employers from running criminal background checks until after a conditional offer of employment.
 
Right now, these policies are the exception—growing in power, but not universal. Over the next five or ten years, expect them to become the rule. Every week, it seems a new city, state, town, or university is banning the box. The message is clear: job applications will soon be devoid of any mention of criminal history.
 

2017 has been littered with lawsuits against companies who fail to follow the Fair Credit Reporting Act to the letter. In most cases, these employers either failed to disclose their intention to run background checks on prospective employers or failed to present the disclosure in the proper format.
 
Either way, these cases certainly seem to be cropping up more frequently, perhaps because more and more people are learning what their rights are under the FCRA. As such, it is imperative that businesses read the FCRA, review their background screening processes, and make sure they are following every single rule. Failure to do so could prove exceedingly costly in the coming years.
 

Right now, most employers run background checks on their new hires as a precautionary measure. They are looking for criminal convictions and other red flags that might compromise a person’s ability to perform the job at hand. Many companies only run one background check for each employee.
 
This practice is flawed. Just because a person passes a background check doesn’t mean they will never pose a threat to your business or reputation. Ongoing criminal monitoring can help businesses keep tabs on existing employees and detect future legal issues. If an employee is convicted of a serious crime, they may not disclose it to their bosses for fear of losing their jobs. A criminal red flag can put the company at risk for liability or other issues. If it goes undetected, that’s a huge problem.
 
Consistent monitoring—or at least regular repeat background checks—can help companies protect themselves. Right now, only a small fraction of businesses are engaging in this practice. In the future, we expect ongoing monitoring practices to become an increasingly common form of due diligence. 
 

Right now, when most businesses talk about their background check policies, they are talking about screening full-time employees. The entire concept of the modern workplace continues to be built around the full-time nine-to-five employee.
 
As that concept changes, background checks are going to have to change, too.Millennials aren’t as focused on finding full-time jobs and building careers from there. The “gig economy” is changing everything. More people are looking for part-time jobs or freelance roles, or opportunities that allow them to work at home or on the go.
 
Often, companies don’t consider people in these roles “employees.” Instead, the label of “independent contractor” is becoming increasingly common in many American workplaces. The problem is that most businesses don’t have firm background check policies in place for contractors (and sometimes not even for part-timers). Their screening policies are grounded firmly in that full-time job ideal, and as that fades away, companies are ill-equipped to screen and vet their people.
 
Here’s what you need to remember: just because a person is an independent contractor does not mean they aren’t your responsibility. Your freelancers, work-from-homers, and globetrotting telecommuters are all still representatives of your brand. As such, there is still an expectation of due diligence. You need to create a background check policy for your contractors that is just as thorough and serious as your policy for new full-time hires. Who knows? Within a few years, most of your workforce could be made up of remote contractors. You need to be prepared for that possibility.
 
How to Keep up with the Changing World of Background Checks
 
How can you keep up with all these changes? Your best bet is to sit down once a year to review your entire background check policy. Look at your application, your disclosure, and the background checks you are running. With any luck, your policies will still look fresh, effective, and compliant. If they don’t, you’ll have the foresight and time to make meaningful changes before it’s too late.

Michael Klazema has been developing products for criminal background check and improving online customer experiences in the background screening industry since 2009. He is the lead author and editor for Backgroundchecks.com. Connect Michael Klazema Follow @klazema