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Employee Background Checks
Discussion
With the events of September 11, 2001, VAMCs are under increased pressure
to review all matters of security. VAMCs should be rigorous in enforcing
policies regarding personnel background investigations on WOC employees and some NPCs may
wish to conduct background checks on their own if they are not already
doing so.
VA security regulations are contained in VA Handbook 0710, Personnel and
National Information Security
http://www.va.gov/pubs/handbooks/General-Management/0710h.pdf
or on the VA intranet:
http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=86&FType=2
NPCs may wish to contact the facility Human Resources Management office and consult
with the facility Research Office to determine which NPC personnel are required to undergo background checks in accordance with Handbook 0710.
However, please note that new guidance may be forthcoming from VHA.
NPCs that conduct background checks on prospective or
current employees regardless of the regulations contained in Handbook 0710 are encouraged to obtain expert guidance in making sure the
checks are conducted in accordance with the Fair Credit Reporting Act (FCRA)
and that information gleaned from such checks is used correctly.
It is also essential to adopt a policy informing employees
that background checks are a condition of employment. Employees
should 1) be informed of the possibility
of a background check, 2) give consent with notification on entity
performing check (i.e., NPC, VA, out-sourced company, etc.), and 3) be
provided an opportunity to counter a negative outcome (i.e., based on
the background check, the individual is not selected for employment, WOC
status is terminated, or other consequences).
While NPC staff can conduct background checks in-house, national and local companies will provide this service for fees ranging from $60 on up. Hiring a third party to conduct background checks helps to protect employers from liability suits alleging “negligent hiring” if an employee later commits a crime or injures a co-worker, as well as negligence, defamation and invasion of privacy in connection with the investigation. The Fair Credit Reporting Act (FCRA) requires employers to notify applicants and employees in writing that they will be conducting a background check, and the employee must sign a form consenting to it. Third party vendors usually provide employers with appropriate disclosure and authorization forms. If a background check turns up negative information, an HR manager should first make sure it is FCRA compliant. For example, it must be accurate and anything involving civil suits and judgments more than seven years old should not be in the report. Further, the FCRA specifies procedures to be followed if information in the background check leads the employer to decide against hiring the applicant. Particular caution should
be used to make sure information such as age, gender, race, etc., is not used in a discriminatory fashion.
Sample form
Background Check - Sample Release Authorization
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