Conducting background checks
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Conducting background checks
My company is planning on implementing a background check as part of the screening process for new hires. Are we required to run background checks on the current employees as well or can we run only on future hires?
Asked on June 13, 2017 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A company is free to change its hiring and employment practices or other work policies at will (unless there was some overarching contract, like a union agreement, specifying what those practices are), and when they change them, they don't need to retroactively apply them unless they choose to. You are free to only impose the background check on new hires if you like...OR you could run background checks on current employees too if your company wants and then take action (e.g. terminate) based on them (and if not barred by any contract[s]--i.e. you can't fire someone in way that violates his/her contract).
The only important thing--and this may be obvious, but for completeness, it should be stated--is to not discriminate against protected categories: whether you do checks only on new hires or on existing staff, too, make sure you don't target racial or relgious groups, or women, or those over 40, etc. for the checks. Apply to all people in whatever group (new hires or all staff) you decide.
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