Module 2 - Case - HIRING PRACTICES AND LEGAL COMPLIANCE

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Hiring-Backgroundandreferencechecks.pdf

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Hiring: Background and reference checks Clark, Jane . Fleet Owner ; Overland Park (Jan 23, 2017).

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When you think you've found the ideal candidate, it's time to focus on reference and background checks.

All too often reference checks are treated as an afterthought or a mere formality. The reality is they should be an

important part of your hiring process. After all, who better to ask about a potential new hire than someone who's

seen them on the job before?

There is no standard set of questions to ask when conducting a reference check so build your questions based on

areas of concern or uncertainty. I recommend that you call - not email - the reference. Describe the job you have

hired for and ask open-ended specific questions. Listen closely to tone of voice and ask follow up questions for

clarification.

Here are some examples of questions you might want to use:

How do you think X would do at a job like the one we are hiring him/her for?

Tell me about X's organizational skills (or whatever skill you need more information about)

What did he/she do well?

What areas do he/she need to develop?

Don't feel obligated to stick only to the references the candidate gave you. Use your own network to see what you

can find out. It is very common for HR departments to only verify dates of employment so to get useful references

you may need to dig deeper. The good news is the trucking industry is relatively small and people tend to move

from job-to-job within it. Ask your employees, suppliers and customers if they know the candidate. Check their

LinkedIn page to see if you have any common connections that you can contact.

While reference checks can be complicated, background checks are even trickier because there are lots of laws

governing them. The EEOC is tasked with making sure everyone is treated equally. That makes it extremely

important that when conducting background checks you treat every applicant exactly the same.

Things are complicated further by something called disparate impact that says there are some problems that are

common in one group over another. When asking about felony convictions, make sure what you are asking about

is "job related and consistent with business necessity." For example, if the candidate is going to have access to

bank accounts it is okay to check for embezzlement convictions, but it may not be relevant for a dispatcher.

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There has been some movement to "Ban the Box" that asks about felony convictions and some cities and states

have already passed legislation that prohibits employers from asking about it.

The Fair Credit Reporting Act is something else you need to be aware of. If you plan to use the information from a

credit report in your hiring decision, you need to tell the candidate in writing and you need to get written permission

before performing a credit check. If you don't hire the candidate following a credit check, you must give them a

copy of the report along with a summary of their rights. And you must give them the opportunity to review the

report and explain any negative information.

If you plan to use any of these reports, make sure you are fully in compliance with the rules governing them. We

have seen an increase in the number of Class Action lawsuits targeting companies that hire drivers. The best

approach: before you begin background and credit checks, contact an employment expert like an attorney to make

sure you are in compliance with all regulations relating to background and credit checks.

In my next blog, I will focus on the job offer and the first day on the new job.

DETAILS

Subject: Hiring

Business indexing term: Subject: Hiring

Publication title: Fleet Owner; Overland Park

Publication year: 2017

Publication date: Jan 23, 2017

Publisher: Informa

Place of publication: Overland Park

Country of publication: United States, Overland Park

Publication subject: Transportation--Trucks And Trucking, Transporta tion--Roads And Traffic

ISSN: 1070194X

Source type: Trade Journals

Language of publication: English

Document type: News

ProQuest document ID: 1861069378

Document URL: https://search.proquest.com/trade-journals/hiring-background-reference-

checks/docview/1861069378/se-2?accountid=28844

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