SHRM Article Outlines Three Employment Screening Trends for 2021

Background Screening News

Written By ESR News Blog Editor Thomas Ahearn

“The COVID-19 pandemic will continue to impede aspects of employment screening in 2021, leading employers to use alternative procedures such as conditional hiring and remote drug testing,” according to an article on the website of the Society for Human Resource Management (SHRM®), the largest HR organization in the world.

“Experts also believe that more lawsuits over criminal records accuracy will be filed in the years ahead, and the adoption of continuous monitoring will continue to advance as remote and gig workforces grow,” SHRM Online Manager/Editor Roy Maurer wrote in his article Know Before You Hire: 3 Employment-Screening Trends in 2021.

COVID-19 is a deadly respiratory illness that spreads from person to person. As of March 1, 2021, there are approximately 114 million global cases and 2.5 million global deaths, while the United States leads the world with approximately 28.6 million cases and 513,000 deaths, according to research from Johns Hopkins University.

“The good news for employers is that as the economy opens back up, courts reopen, and employers and schools resume more normal operations, these issues become self-solving,” Attorney Lester Rosen, founder and chief executive officer (CEO) of Employment Screening Resources® (ESR), explained in a quote from the article.

“In the meantime, employers cannot stand still just because the system is less than perfect. Keep in mind that due diligence does not require a ‘complete’ background check. Due diligence requires that an employer take reasonable steps to fulfill its duty of care,” added Rosen, the author of The Safe Hiring Manual.

Rosen also noted that the accuracy of criminal records used in employment screening is an emerging area of litigation. Under the Fair Credit Reporting Act (FCRA), screening providers must “follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.”

Continuous monitoring can identify criminal conduct occurring after a person is hired, Rosen said, but employers need to understand potential limitations and compliance obligations. “Even though continuous screening may have some apparent advantages, employers still need to determine if they outweigh the disadvantages,” he said.

With more than 300,000 HR and business executive members in 165 countries, SHRM impacts the lives of more than 115 million workers and families globally. The article is available at www.shrm.org/ResourcesAndTools/hr-topics/talent-acquisition/Pages/Background-Checks-Employment-Screening-Trends-2021.

In January 2021, Employment Screening Resources® (ESR) released its 14th annual “ESR Top Ten Background Check Trends” for 2021 that features emerging and influential trends in the background screening industry. The list of trends is available at www.esrcheck.com/Tools-Resources/ESR-Top-Ten-Background-Check-Trends/.

The trends include how employers will continue to adjust background check processes in the recovery from the COVID-19 pandemic, how accuracy of criminal records used for background checks will become a new area of litigation, and how continuous screening will be more widely adopted but employers must be cautious.

Employment Screening Resources® (ESR) also successfully renewed its status as a SHRM Recertification Provider for a two-year term from March 2, 2021, to March 31, 2023. As a SHRM Recertification Provider, ESR is able to award SHRM Professional Development Credits (PDCs) for HR knowledge and competency programs.

Employment Screening Resources® (ESR) – a leading global background check provider which was ranked the #1 screening firm by HRO Today in 2020 – is accredited by the Professional Background Screening Association (PBSA) and undergoes annual SOC 2® Type 2 audits. To learn more about ESR, visit www.esrcheck.com.

NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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