Background Checks Useful, But Limited

Ed Harold, a partner in the New Orleans office was quoted in the June 1 Healthcare Risk Management article "Background Checks Useful, But Limited." The article noted that background checks for employment screening and hiring purposes are allowed in almost all states, and some states require checks for some healthcare positions. The Equal Employment Opportunity Commission (EEOC) does not prohibit their use, but it recently issued new guidance that discourages using background checks too broadly. Ed advised that no matter how an employer uses background checks, they should have a policy in place before they start checking. He said: "You must know what you're checking for, how you're checking, and what you will do with what you find. You have to know beforehand how you will respond to certain findings in a background check." Deciding the first time that information appears will only get you in trouble. Consistency is key to avoid charges of discrimination."