BACKGROUND CHECK POLICY
Background Check Policy
All applicants to whom ONE TOUCH STAFFING, LLC offers employment will be subjected to a check of their background either by One Touch Staffing or a third-party vendor. As such, applicants and employees may be subject to a consumer report or investigate consumer report. One Touch Staffing will review the relevant background information to select and retain the most qualified employees with the end goal of maintaining a safe and productive work environment. This policy applies to the criminal history screening of prospective and current employees.
One Touch Staffing will conduct all third-party background checks in accordance with the Fair Credit Reporting Act (FCRA), other applicable federal and state laws, and One Touch Staffing’s procedures.
Obtaining Background Procedures
Prior to the background check being conducted, the applicant will be required to complete disclosure and authorization forms authorizing One Touch Staffing to conduct specific background checks. This authorization will be made either in electronic or written form and will remain valid throughout the employee’s employment with One Touch Staffing, if hired, as allowed by applicable law. Reports will be retained in accordance with One Touch Staffing’s document retention procedures and federal and state regulations.
Background checks will be kept confidential and will be shared with individuals who have a business need to review the information to make employment decisions.
Criminal Background Reports
The existence of a criminal record will not automatically disqualify an applicant from employment. If a criminal record is received during the background check, the information in the record will be compared with the information on the disclosure and authorization form and any other identifying information the applicant provided to ensure the record belongs to the applicant. In the event that an applicants background check includes a criminal offense, One Touch Staffing will conduct an individualized assessment to determine whether excluding an applicant based on offense is job-related and consistent with business necessity. Factors that may be taken into consideration prior to making an employment decision, include, but are not limited to:
- The nature and gravity of the offense.
- The nature of the position held or being held sought, including the position’s specific duties and responsibilities.
- The offense’s relevance to the position being sought.
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POLICY: Background Check
- The time which has elapsed since the offense.
- The applicant’s age at the time of the offense.
- The fact or circumstances surrounding the offense.
- The number of offenses for which the individual was convicted.
- Evidence that the individual performed the same type of work post-conviction with no known incidents of criminal conduct.
- The length and consistency of the applicant’s employment history before and after the offense.
- Relevant evidence of rehabilitation, including any education or training completed following the offense.
- Employment or character references or other relevant information regarding fitness for the position held or sought.
- One Touch’s interest in protecting property, and the safety and welfare of other employees or the general public.
- False statements or material omissions made by the applicant on the employment application or during and interview; and any other factors mandated by federal or state law.
Adverse Action
Prior to taking any adverse action in whole or in part on information in the background check, the applicant will be provided with a pre-adverse action notice along with a copy of his or her background check, a summary of rights under the FCRA, and any other applicable documents as required under the FCRA or state law.
Applicants will be afforded an opportunity and an appropriate time period to provide information or data that explains any discrepancies or inaccuracies contained in the background report before an employment decision is made. If after that time period, the adverse action is still deemed necessary, the applicant will be provided with an adverse action notice regarding that decision.
One Touch Staffing will also comply with any and all state requirements.