A background check is only as sound as the process behind it. Most compliance problems we see don’t come from bad intentions. They come from small process gaps that repeat with every hire. Here are seven of the most common, and how to avoid them.

1. Skipping the standalone disclosure

Before ordering a background check, the Fair Credit Reporting Act (FCRA) requires employers to give the applicant a clear written disclosure, in a document that consists solely of that disclosure, and to get the applicant’s written authorization. Burying the disclosure in an employment application or adding extra terms to it is one of the most frequent sources of FCRA claims.

2. Applying criteria inconsistently

When similar results lead to different decisions for different candidates, the inconsistency itself becomes a risk. Written, job-related criteria applied the same way to every applicant for the same position make decisions easier to explain and defend.

3. Overlooking county reporting delays

Records reach statewide repositories and commercial databases on different schedules, and some never arrive at all. A search that relies only on a database can miss a recent case that is already on file at the county courthouse. County-level research fills that gap.

4. Not giving applicants a clear way to dispute

Applicants have the right to dispute information they believe is inaccurate or incomplete. A clear dispute path, and a pause before a final decision, protects both the applicant and the employer.

5. Using one policy for every position

A warehouse role, a driver, and a finance manager carry different risks. Screening every position the same way can mean searching too little for some roles and collecting more information than necessary for others. Screening by position is both more effective and easier to justify.

6. Reusing an old report for a rehire

A report from a previous hire reflects the records as they existed then. Records change, and a rehire should be screened with a current report under a valid disclosure and authorization.

7. Running your own Google or social media searches

Informal online searches are unverified, rarely applied the same way to every candidate, and can expose decision-makers to protected characteristics such as age, religion, or health information they should not consider. When an outside vendor compiles this kind of information for employment purposes, it is typically treated as a consumer report under the FCRA, with all of the same obligations.

Building a process that holds up

Each of these mistakes is avoidable with a documented, consistent screening program. Horizon helps employers design programs around their positions and provides practical compliance resources along the way. Learn more on our Employment Screening Compliance Resources page.

General information only — confirm your specific process with qualified employment counsel.

Want a second look at your screening process?

Request a Screening Consultation