WHITEPAPER: The Fair Use of Criminal Records in Hiring Decisions

HR walks a compliance tightrope when it comes to background checks…and it’s getting harder! These new strategies can help!

HR is responsible for protecting the organization by weeding out potentially dangerous employees or those with a relevant history of theft. However, HR must also ensure that their selection methods are not discriminatory and are compliant. This is challenging with a growing number of federal & state requirements which restrict how employers use background checks in the hiring process. A failure to properly balance these responsibilities could result in financial penalties or discrimination claims from applicants, or state and federal EEO agencies.

Most background check companies focus on delivering fast & accurate results, but then exit the process. This is problematic because it leaves the employer to walk across a regulatory minefield on their own. Fair Screen’s whitepaper on the Fair Use of Criminal Records in the Hiring Process can help employers understand the growing regulations they face across the country, and implement a consistent process to ensure compliance.

Top 3 Benefits of a properly configured adjudication process.

  1. Shorten the Time to Hire. Finding a criminal record on a background check often requires recruiters to involve managers, an adjudication team, or legal counsel to evaluate records on a case by case basis. These delays can last days, and a solid scoring approach can help employers remove setbacks nearly two-thirds of the time by almost instantly identifying cases where the records are not relevant to the position.
  2. Compliance. State & federal EEO regulations abound, and a good program will ensure you have the right controls in place to ensure consistency and avoid discrimination claims or regulatory penalties.
  3. Improved Workplace Diversity. Diversity starts with attracting and hiring candidates. Background checks have the potential to exclude minorities, but by taking steps to fairly eliminate barriers, you’ll improve the diversity of your organization and reduce turnover.  Plus a properly tuned program will accept more applicants, and that could really help employers at a time when applicants are scarce.

Learn about this benefits, and more in this whitepaper.




Fair Screen is a background screening company dedicated to helping employers fairly use criminal records in the hiring process. Contact Us to learn more about how a well-tuned screening process can speed the time to hire, include more job applicants, and help ensure your consistency and compliance. Help us make a difference!