Common types of employee pre-screening

Pre-screening helps verify a candidate’s credentials. Employers use pre-screening to determine if a candidate’s profile meets their expectations. Many companies use third-party screening services to save time, but you can develop your own process if you have the resources.

Credential verification

For jobs that require a special license or certification, employers often run background checks to ensure candidates have the right credentials. Additionally, employers often verify that the credentials are current. For example, if you’re screening candidates for a nursing position, you might contact your state’s board of nursing to determine if each person has a valid license.

Credit history

Some employers review a candidate’s credit history for positions involving financial management. However, U.S. businesses are subject to the regulations outlined in the Fair Credit Reporting Act (FCRA).

The FCRA mandates providing written notice explaining that you might use the information in a consumer report to make employment decisions. This is typically sent as a standalone notice, separate from employment applications or other hiring documents.

Employers also commonly obtain written permission to check the report and certify they will not misuse the information or discriminate against the applicant.

If you’re considering adverse action based on a consumer report, the FCRA requires you to follow certain steps:

• Before: Give the candidate a copy of the consumer report and “A Summary of Your Rights Under the Fair Credit Reporting Act” before making your final decision.
• Review period: Give the candidate time to review the report and dispute any errors. FTC staff guidance suggests that five business days may be reasonable, although the FCRA doesn’t specify a waiting period.
• After: If you proceed with the adverse action, provide the candidate with a final adverse action notice.

An adverse action notice includes the following elements:

• Contact information for the consumer reporting company that supplied the report
• A statement that the consumer reporting company didn’t make the decision and can’t provide specific reasons for it
• A notice informing the candidate they have the right to dispute the completeness or accuracy of any information furnished by the consumer reporting company

You may provide an adverse action notice orally in some circumstances. If you do, follow up in writing so both you and the candidate have a record.

The FCRA is a federal law. States and municipalities may have additional restrictions, so you may want to consult an attorney for information specific to your jurisdiction.

Criminal background checks

If your company operates in the financial, healthcare or legal industry, you may want to conduct criminal and financial background checks. This type of screening helps you verify a candidate’s identity and evaluate any financial or legal records that may be relevant to the role.

Drug testing

Drug testing is frequently included in pre-screening programs for safety-sensitive roles, such as commercial driving or heavy machinery operation. For drivers under Department of Transportation (DOT) regulations, pre-employment drug testing is mandatory prior to operating a commercial motor vehicle. Drug testing for this type of driver is not simply an employer’s preference.

Employers with non-DOT programs may also consider oral-fluid (saliva) screening as an alternative to urine testing. Some of the rapid saliva tests will give you a preliminary result on the spot, although positive results require laboratory confirmation. These instant tests aren’t accepted for DOT-regulated testing.

Marijuana is legal for recreational use in some states, but that doesn’t mean employers can handle testing the same way everywhere. Some states restrict when you can test applicants or use the results in hiring decisions. An employment attorney can help you figure out what applies where your business operates. DOT-regulated drug tests still include marijuana.

Education verification

Many employers are now using skills-first hiring to fill roles, but some jobs still require degrees.

If you’re hiring a structural engineer for a role that requires an ABET-accredited program, you can verify the applicant’s degree with the university and check the program in ABET’s directory.

Employment verification

Employment verification helps you determine if a candidate’s work history matches the details in their job application or resume. It typically involves contacting previous employers to ask questions about dates of employment, job titles and duties.

A phone call may not be enough. Some large employers use automated services, such as The Work Number, to handle these requests, so you may be directed to an online system rather than a former manager.

If a previous employer has closed or won’t respond, consider asking the candidate for W-2 forms or dated pay stubs, where permitted by law. W-2 forms can confirm an employment year, while pay stubs may help establish specific dates. Have the candidate redact Social Security numbers, pay amounts and other private details before submitting them.

Polygraph tests

The Employee Polygraph Protection Act (EPPA) prohibits most private employers from using polygraph tests for pre-screening or during an individual’s course of employment. As such, employers generally may not terminate or discipline employees based on the results of a polygraph.

Under the EPPA, certain employers may use polygraph testing as part of the hiring process. For example, you may be able to use polygraph tests if you’re hiring security guards or filling positions in the pharmaceutical industry.

The EPPA doesn’t cover local, state or federal government employees. If you’re filling a position within a government agency, you may be able to use polygraph testing as part of the process.

Motor vehicle records

When you’re hiring someone to drive, their motor vehicle record (MVR) matters to your insurer, too. Commercial auto policies often have strict driver standards. An applicant with a DUI, reckless driving violation or suspended license might not qualify for the company’s auto coverage.

There’s also the risk of a negligent entrustment lawsuit. If an employee causes a crash, you could be held responsible for allowing that person to drive when you knew, or should have known, the employee was unsafe. An MVR check can help you identify serious issues before making that decision.

Some employers also use MVR monitoring after a driver is hired. These programs can notify the company about new violations or license suspensions, so you don’t have to wait for the next routine record check. California’s Employer Pull Notice program is one example.

Reference checks

Many employers ask candidates to provide at least three references during the hiring process. When contacting these references, ask about the candidate’s previous responsibilities, projects they managed and how they worked with others.

Before making the calls, prepare a list of questions and use the same ones for each applicant’s references when hiring for a specific role. You’ll have a better way to compare candidates without getting into personal matters that aren’t relevant to the job. Avoid questions about personal matters such as health, disabilities and family responsibilities.

Social Security verification

Social Security verification involves checking to determine if a candidate’s Social Security number is valid. The Social Security Administration provides a free online tool to help employers with this process. Verifying online saves time and improves the accuracy of a company’s wage reports.

Best practices in pre-screening

While every employer designs their pre-screening workflow differently based on unique organizational needs, incorporating a few foundational best practices can help protect your business and improve candidate quality.

Use the same pre-screening process on all candidates

Using a consistent screening process improves accuracy and reduces the risk of bias in the hiring process. It can also help you comply with local, state and federal employment laws. A consistent process typically includes the same elements, in the same order, administered in exactly the same way.

For example, if you conduct a legal background check, a credit check and a reference check for one operations manager candidate, you can conduct the same three checks on every candidate for the operations manager role.

Retain background checks

The U.S. Equal Employment Opportunity Commission (EEOC) requires private employers to retain all employment-related records for at least one year from the later of:

• The date the record is made
• The date the adverse action takes place

Retaining legal background checks can help you justify your hiring decisions if your company is ever the subject of an EEO complaint or private action.

Follow all relevant laws and regulations

The United States has a variety of federal laws designed to protect job applicants and employees against discrimination. To ensure compliance, you may want to consult an attorney before you design your pre-screening program. The FCRA and EPPA are just two of many laws that can affect your business.

For example, the Americans with Disabilities Act prohibits employers from asking disability-related questions before you make a job offer. The Genetic Information Nondiscrimination Act of 2008 (GINA) forbids the use of genetic information to make hiring decisions. An attorney can help you understand the legal requirements and develop a compliant screening process.