Background Checks by Organizations into Employees (Essay Sample)

Human Resource Management
(Name)
(College/University)
Introduction
Numerous legal issues arise in a company regarding its hiring and promotion policies. The wrong policies could lead to marginalization, discrimination, and even corruption in the hiring process of an organization raising grounds for lawsuits from affected individuals.
Employee background checks are investigations and reviews of an individual’s criminal, employment, commercial, and financial records by an organization on prospective employees or existing employees. They are mostly done through external third party background check vendors.
The employer conducts background checks on prospective employees for the following reasons
Background checks are conducted to enable the employer to establish the identity of an individual and establish whether the individual is whom they claim to be and whether discrepancies exist between the information the individual has provided about themselves and the information uncovered by the checks. Most individuals may lie or tweak their resume to make it more attractive to hiring companies, especially on work experience and academic qualifications. Background checks are therefore done to determine the individual’s work experience and qualifications, especially for high-ranking positions.
The employer conducts background checks to establish an individual’s characters, values, and fitness. They ensure that the company hires individuals who will portray the organization in the right way to protect its image. Background checks into financial and criminal records are mostly done to check an individual’s criminal and financial record and decide whether it will affect the image of the organization in any negative way. The check is especially important in ensuring that the individual does not pose any risk to the security and safety of the other employees, company resources, and finances (Bushway, Nieuwbeerta, & Blokland, 2011).
Background checks are also done to ensure legal compliance. Bilimoria & Lord (2014) note that laws exist that make it necessary to conduct a background check for individuals working in specific areas such as those involving the elderly, children, and the disabled. The company also conducts the checks on individuals who seek to hold positions dealing with sensitive information, for instance, in a company that holds government security contracts for classified activities.
Background checks are important in ensuring that the organization hires the right individual in terms of qualifications, experience, and history. They also ensure that the company can trust the individual to keep its confidential information, act for its benefits and comply with established laws and that the individual does not pose any threat to the organization’s employees and resources.
Most organizations conduct criminal background checks education and employment background checks. The criminal background checks include scanning for criminal history on arrests, felonies, and convictions, misdemeanor, and incarceration records. The education and employment background checks focus on verification of the individual’s education and work experience.
Contracting independent third party agencies to conduct the background check is the most effective way of ensuring the proper administration of the checks in a neutral and transparent way. The agencies are resourceful and experienced in conducting these checks, thereby ensuring that the checks are comprehensive, accurate, and unbiased (Glennon, 2014).
The other way to ensure that the company properly administers the checks is by ensuring that the checks follow the established legal provisions. These provisions include acquiring consent from an individual before conducting a background search and ensuring the process is transparent to prevent discrimination based on race, age, or gender.
Drug tests are done by organizations to identify whether an individual uses drugs that could affect their ability to work. The most tested drugs are marijuana, cocaine, opiates, amphetamines, and phencyclidine. The tests involve an analysis of urine, sweat, blood, or saliva. A medical review officer (MRO) in laboratories accredited by the state carries out these tests. Most states have developed laws that allow employers to conduct drug tests on applicants and existing employees. The following procedures need to be followed to comply with state laws.
First, the organization has to communicate to the individual that a drug test will be part of the job screening process. The employer has to put it in the job advertisement that drug screening is mandatory in the job application process for successful candidates.
The second procedure to ensure compliance with state laws is by offering the job to an individual and providing that the individual has to pass a drug test to take the job. This information needs to be communicated in the advertisement to prevent discrimination.
The third procedure for complying with state laws is ensuring that all job applicants undergo the same test and that a laboratory certified by the state administers the tests. This provision aims at minimizing discrimination that could occur by having only a certain group of individuals to undergo a drug test.
The fourth procedure is for existing employees. State laws only permit drug tests on an individual employee. The organization cannot conduct a drug test for all employees since this would be against the law. The organization also needs to have a good reason to suspect an individual of being involved in drug abuse or sale before conducting the test.
The final requirement to complying with state drug test laws is to ensure that a laboratory that is certified by the state conducts the tests. In addition to this, the organization must ensure that the specimen collection occurs in a safe and secure environment. They must ensure that no individual can tamper with the results from the tests to provide accurate results.
I would ensure adherence to the procedures in the following ways
First, I would ensure that the organization includes a drug test as mandatory in its job advert, especially for shortlisted candidates. Every applicant will, therefore, be adequately informed of the same and cannot claim that they have been discriminated against when the test is required. Secondly, I would offer the job to a successful candidate if they undertake a drug test and pass. In addition to this, I would ensure that all job applicants or shortlisted candidates undergo the same drug test. This uniformity ensures that no individual is singled out for the test based on gender or ethnicity.
I would also ensure that the organization contracts a state-accredited laboratory to conduct the drug tests. The laboratory should be fully equipped with the necessary test resources and experienced personnel to ensure that the test results do not get tampered.
Bona Fide Occupational Qualification refers to qualities and attributes that employers can consider during decision-making on whether to hire or retain employees. These qualities and attributes could be considered as discrimination and a violation of civil rights employment law but are critical in the activities of an organization. They are thus listed on the employment offering and job description by the company, for example, a religious school can lawfully require its management to be of that religion and refrain from employing any individual who is of a different religion.
Affirmative action refers to the policy of favoring persons belonging to marginalized and minority groups. Affirmative action preferences refer to the deliberate effort to increase the representation of minority groups based on gender, ethnicity, and race in employment. A company employing affirmative action preference clearly states the particulars of its policy, for instance, a job advertisement for three black female departmental managers.
Promotions refer to the process of advancing an employee through rank, title, responsibilities or pay grade. Outstanding employees who show potential for leadership, commitment, and a positive impact