Background checks are essential to hiring decisions, but many employers misunderstand the rules. Here’s what you need to know before running a background check on potential employees in Illinois.
Step 1: Offer the Job First
You must offer the job to a candidate before initiating a background check. Once the offer is made, ensure that the candidate fills out the required disclosure and rights forms.
Step 2: Work with a Reputable Background Check Company
The next step is to use a reputable company to run the background check and ensure that you have all necessary documents in place.
Step 3: Review Background Check Results
Once you receive the background check results, if everything looks clear, you can move the candidate forward in the hiring process. However, if issues arise, you’ll need to take additional steps.
Step 4: Sending a Pre-Adverse Action Notice
If the background check reveals potential concerns, send a pre-adverse action notice to the candidate. This notice informs them that something has come up, and they have an opportunity to provide additional documentation to explain or mitigate the issue.
Step 5: Evaluate the Candidate’s Record
Consider all factors, such as the nature of the offense, how long ago it occurred, and whether the candidate has demonstrated rehabilitation. For example, a minor infraction from years ago may not necessarily disqualify a candidate.
Step 6: Make a Fair Decision
After considering all the evidence, you must decide whether the individual poses a risk to your business or clients. Ensure that your decision-making process is well-documented and justifiable.
Step 7: Final Adverse Action Notice
If you ultimately decide not to hire the candidate based on their background check, send a final adverse action notice explaining your decision and giving the candidate the opportunity to dispute or correct the information.
How Cramer Law Can Help
Navigating the legalities of background checks can be tricky. If you’re unsure about how to properly handle background checks in Illinois, contact Cramer Law for expert guidance. We’ll help you stay compliant with the law while making fair, informed hiring decisions.
