HR Q & A: Q: We don’t typically do background checks, but we’re hiring a new position who will have access to sensitive information. We want to do a background check for this position, but since we’ve never done one for anyone else, we’re worried it would look discriminatory. A: You may conduct background checks for some jobs but not others. Different jobs may require different levels of investigation, but for the same job title, make sure you keep your process uniform to avoid charges of discrimination. As long as you are consistently background screening similarly situated job types, selective background checks are acceptable. For example, if you have decided that you will conduct background checks for this HR role because the employee will have access to financial information, payroll data, and employee social security numbers, you should, going forward, also conduct background checks for other positions with similar access. We recommend limiting what information obtained in a background check you use in employment decisions. In your situation, it would be logical to consider information obtained from a background check concerning an HR applicant’s conviction for identity theft or falsification of records, but probably not about a DUI or trespassing conviction. In addition, if you decide to do background checks, there are state and federal laws governing when and how it should be done. If you decide to conduct a background check for this position, please let us know. We can walk you through the process with state and federal laws in mind. Learn more about our HR Services Source: Clergy Financial Resources
Clergy Financial Resources is a national accounting and finance organization serving churches and clergy since 1980. They have an unparalleled tax expertise on the complex issues associated with clergy tax law, clergy taxes, clergy compensation and church payroll. Clergy Financial Resources is a valuable resource for clergy, churches and denominations.
Clergy Financial Resources serves as a resource for clients to help analyze the complexity of clergy tax law, church payroll & HR issues. Our professionals are committed to helping clients stay informed about tax news, developments and trends in various specialty areas.
This article is intended to provide readers with guidance in tax matters. The article does not constitute, and should not be treated as professional advice regarding the use of any particular tax technique. Every effort has been made to assure the accuracy of the information. Clergy Financial Resources and the author do not assume responsibility for any individual’s reliance upon the information provided in the article. Readers should independently verify all information before applying it to a particular fact situation, and should independently determine the impact of any particular tax planning technique. If you are seeking legal advice, you are encouraged to consult an attorney.
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