Friday, March 17 2023
One thing is certain for Texas companies: employment screening law is always evolving.
It can be difficult to keep up with the latest regulations—but it’s important for employers to stay on top of them. Staying aware of the current law will help you avoid costly fines and potential lawsuits.
With that, here are some strategies for staying up-to-date:
You need to have a solid understanding of general employment screening regulations. These regulations include the Fair Credit Reporting Act (FCRA), the Equal Employment Opportunity Commission (EEOC) guidance, and the Americans with Disabilities Act (ADA).
In addition, you should take note of any laws that apply to your industry or location. Under Texas law, for example, most employers are limited to a seven-year criminal background check for roles paying less than $75,000. For higher-paying positions, employers may be able to access the candidate’s criminal background dating back to age 18. Some Texas cities have ban-the-box laws as well.
Employment screening laws can change quickly. Texas employers should follow industry, regional, and national news to determine whether their hiring processes are affected by any changes that take place. If you don’t know where to start, you can consult legal blogs, government websites, and industry associations.
Experienced pre-employment screening providers can be wonderful resources too.
When in doubt, talk to a lawyer to make sure your screening practices are compliant with the law. A skilled attorney will walk you through complex legal issues and give you expert guidance on background check compliance.
Legal counsel is always worth the investment in these cases. To avoid hefty fines and lawsuits, your company must comply with federal, state, and local laws.
Training for human resources (HR) staff is an essential part of compliance. You’ll want to confirm your HR team and hiring managers understand the importance of compliance and the consequences of non-compliance in hiring. Make sure they know how to conduct employment background checks—and how to interpret the results correctly.
Texas companies should review their policies and processes at least every year to make sure they comply with the current screening regulations. Employers may want to conduct the occasional internal audit to pinpoint areas of noncompliance and make critical updates. Like we mentioned above, a lawyer can help your company navigate this if needed.
Detailed recordkeeping will help you comply with employment screening laws and regulations. Be sure to maintain accurate records of all your employment background checks—including consent forms, each applicant’s results, and any adverse actions you have taken in response to the screening process. A reminder that these records should stay confidential and secure.
Interested in having a trusted partner help you navigate changing regulations? A third-party provider like Redstar Backgrounds can help you stay thorough, current, and compliant in your pre-employment screening. Background check providers are extremely knowledgeable about the latest screening laws.
Pre-Employment Screening for Texas Employers
Whether you are in San Antonio or Austin, Corpus Christi or El Paso, pre-employment screening should be a key part of your approach to hiring.
At Redstar Backgrounds and DrugScreenKits.com, our team will help you through every step of the background check process. No matter your industry, we’ll craft the exact screening solution you need to vet your staff—in line with the latest regulations.
Please contact us for details, or to set up a free consultation. For more information on our screening services here in Texas, follow us on Facebook, Twitter, and LinkedIn.
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