No doubt, you are probably an expert on background screening applicants with previous job history, applicants at the age of majority, and applicants that have experience in the marketplace. But what about background screening minors? Find out what a background check will reveal for those applicants.
A minor is defined as a person under 18. Most U.S. states define the age of majority at the age of 18. Background checks for minors fall under the same FCRA (Fair Credit Reporting Act) guidelines as would an adult background screen. A background check on a minor requires consent from a Parent or Guardian because the minor is not legally able to consent for themselves. Choice Screening’s Consent Form has the technology to recognize minors and requires a Parent/Guardian signature to proceed with the search.
These candidates will not be accustomed to hiring or the onboarding processes. Background checks on a minor candidate will look a little different to the seasoned eye, but nevertheless need to be performed.
Many employers argue that since minors will have limited information on their background check, it is not worth the time and money spent on the searches. Your legal obligations as an employee mean you cannot simply skip the background check; it is worth your time to garner valuable information as well as to remain compliant with the FCRA and EEOC.
Although most criminal records for minors are sealed, there could be exceptions. Employment verifications, education verifications, and personal references are excellent products to ensure the minor has the training and qualifications claimed and required for the position.
Your minor candidate may also have a nonexistent criminal history. But that does not mean you should forgo the criminal record search. Background checks for first-time candidates are regulated under the FCRA (Fair Credit Reporting Act) just like screening any veteran employee.
Recommended Products
Resume Verification: there may be intern experience, volunteer work, or extracurriculars that may be relevant to the job position.
Personal Reference: reveal your applicant’s intangibles such as autonomy, self-motivation, and timeliness.
Employment Verification: uncover life or work experiences that may be pertinent to the job position.
Education Verification: verify education credentials, graduation, major, minor, degree earned, and grade point average.
Criminal Records: such as our Enhanced Verified National Criminal, the Choice Screening AutoComplete (7-year record search based on address history), County Record Search, or State Record Search. Records for minors may be sealed, but you never know what you might find. For instance, the minor could have been tried as an adult. Even though your applicant may be young, there may be records found that may change your decision to hire.
Compliance
Per the EEOC, you cannot screen an applicant based on age, disability, sex, race, national origin, color, religion, or genetic information. For example, if you screen older applicants, but choose not to screen younger applicants, this would be considered age discrimination.
The same goes for the types of products you are running in the background check. You must run the exact same products for all candidates applying for one position. Let’s say a minor and an older adult are both applying for the same position, you must search the exact same products on each candidate.
Note: It is ok to run different packages for the various positions within your company. For example, you may run a package such as: Criminal Records, Education Verification, and Employment Verification on a candidate applying for a HR Generalist. You may run a different package for a candidate applying for CFO, such as: Criminal Records, Civil Records, Federal Criminal Records, Executive Screen, Education Verification, Employment Verification, and Credit Check.
Whenever an employer uses a background check to make a decision that is not in favor of the applicant, the employer is taking Adverse Action and must follow certain rules to maintain compliance. Depending on where you operate or where your applicant resides, you may be required to meet local Adverse Action regulation, such as the New York City Fair Chance Act Notice. Local laws may require employers to make a conditional offer of employment before conducting a background check, which you will need to factor into your Adverse Action Policy.
Ensure your process is compliant with a quick consultation with our advisors. Contact us today!
This communication is intended for Choice Screening's current or prospective clients and partners and may not be forwarded outside of Choice Screening, posted online, or otherwise reprinted in whole or in part.
The information contained in this newsletter is not all encompassing and is meant to be informative only, nor contains legal advice, expressed or implied. Consult with qualified legal counsel in all matters of employment, business, and background screening law.
