Background check policy (Washington): Free template
This background check policy is designed to help Washington businesses conduct background checks on potential and current employees in a fair, consistent, and legally compliant manner. The policy outlines the company's approach to gathering background information, including criminal history, employment history, and other relevant details, while ensuring that the process respects employee privacy rights. It also specifies how background checks will be used in the hiring or employment decision-making process, as well as the steps to take if an individual’s background check results in disqualification.
By adopting this policy, businesses can make informed hiring decisions, reduce the risk of hiring individuals who may pose a security risk, and promotes compliance with Washington state and federal laws regarding background checks.
How to use this background check policy (Washington)
- Define the scope of background checks: Clearly define which background checks will be conducted and what information will be gathered. This may include criminal history, employment history, education verification, credit history (where relevant), and any other information pertinent to the position.
- Establish the timing of background checks: The policy should specify when background checks will be conducted. For example, checks may be conducted after a conditional offer of employment has been made or as part of an ongoing employee screening process.
- Obtain written consent: The policy should require that candidates or employees provide written consent before a background check is conducted. This ensures compliance with the Fair Credit Reporting Act (FCRA) and other relevant privacy laws.
- Use background check results in a fair and consistent manner: Outline how background check results will be evaluated and how they will influence hiring or employment decisions. The policy should ensure that background checks are only used to assess an individual's ability to perform the job and not to discriminate based on protected categories (e.g., race, gender, disability).
- Address adverse action procedures: The policy should outline the steps the company will take if the results of a background check lead to an adverse decision, such as not hiring a candidate or terminating an employee. This may include notifying the individual, providing them with a copy of the background check, and allowing them an opportunity to dispute any inaccuracies.
- Ensure compliance with Washington state and federal laws: The policy must comply with Washington state laws regarding background checks, including the Washington State Fair Chance Act, and federal regulations, such as the FCRA. The policy should outline how the company will comply with these laws to avoid discrimination and protect employee privacy.
- Review and update regularly: Periodically review and update the policy to ensure it remains compliant with Washington state laws, federal regulations, and any changes in the company’s hiring practices or screening procedures.
Benefits of using this background check policy (Washington)
This policy offers several benefits for Washington businesses:
- Ensures informed hiring decisions: By conducting background checks, businesses can make more informed decisions about the suitability of candidates, reducing the risk of hiring individuals who may pose a risk to the company or its employees.
- Reduces the risk of negligent hiring: Background checks help businesses identify potential red flags, such as a criminal history or inconsistent work history, that could signal a risk to the workplace or customers.
- Promotes legal compliance: The policy helps the business conduct background checks in compliance with Washington state laws, federal regulations, and privacy laws, reducing the risk of legal action related to improper screening practices.
- Protects the company’s reputation: By ensuring that employees and candidates meet company standards for background checks, businesses can protect their reputation and maintain a safe, trustworthy work environment.
- Encourages transparency and fairness: The policy helps ensure that all candidates and employees are treated consistently, with clear expectations for background checks, helping to avoid discrimination and unfair treatment.
- Improves employee safety: By screening potential hires for criminal history or other risks, businesses can create a safer workplace for all employees, customers, and stakeholders.
Tips for using this background check policy (Washington)
- Communicate the policy clearly: Ensure that all employees and candidates are aware of the background check policy and understand the company’s approach to conducting checks. This can be done through the employee handbook, job postings, or during the hiring process.
- Obtain written consent: Before conducting a background check, ensure that you have obtained written consent from the individual being screened. This is a legal requirement under the Fair Credit Reporting Act (FCRA) and helps protect employee privacy.
- Use background check results fairly: When evaluating background check results, make sure the process is consistent and fair. Consider how the information gathered is relevant to the job and ensure that any decisions made are based on the candidate’s ability to perform the duties of the role.
- Offer candidates the opportunity to dispute findings: If an adverse decision is made based on a background check, give candidates the opportunity to dispute any inaccuracies or explain any red flags. This helps ensure the process is fair and transparent.
- Track and document background checks: Keep records of all background checks, including consent forms, results, and any adverse action taken. This helps demonstrate compliance with legal requirements and supports transparency.
- Review and update regularly: Periodically review the policy to ensure it remains compliant with Washington state laws, federal regulations, and any changes in the company’s hiring procedures. Regular updates will ensure the policy’s relevance and effectiveness.
Q: When are background checks conducted?
A: Background checks are typically conducted after a conditional offer of employment has been made or as part of an ongoing screening process. The policy outlines the timing for conducting background checks during the hiring process.
Q: Do employees need to provide consent for a background check?
A: Yes, the policy requires that candidates or employees provide written consent before a background check is conducted. This ensures compliance with the Fair Credit Reporting Act (FCRA) and protects privacy.
Q: How are background check results used in the hiring process?
A: Background check results are used to assess a candidate’s qualifications for a role and to evaluate any risks they may pose. The company uses the information to make informed decisions and ensures that it is applied fairly and consistently.
Q: What happens if an employee is disqualified based on their background check?
A: If an employee is disqualified based on the results of their background check, the company will follow the adverse action procedures outlined in the policy, which may include notifying the employee, providing them with a copy of the background check, and allowing them an opportunity to dispute any inaccuracies.
Q: Can employees refuse a background check?
A: The policy specifies that written consent must be obtained before conducting a background check. If an employee refuses to consent, the company may not proceed with the hiring process or employment, depending on the situation.
Q: How often should this policy be reviewed?
A: The policy should be reviewed periodically, at least annually, to ensure it remains compliant with Washington state laws, federal regulations, and any changes in the company’s hiring practices or background check procedures.
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This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.