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Ethical considerations: Fairness: Avoid outright disqualification based on criminal records; consider the nature of the offense and its relevance to the job role. Legal compliance: Adhere to the regulations of the Fair Credit Reporting Act (FCRA) and Ban the Box legislation.
The standard for employment-related background checks in Texas is seven years, except for criminal convictions, which may be reported indefinitely. The seven-year limit applies to tax liens, suits or judgments, and most credit history. Records of bankruptcies may go back as far as 10 years.
Determine how the applicants criminal history relates to the risks and responsibilities of the job. Among other things, consider the nature of the crime; the time that has passed since the criminal conduct occurred; and the nature of the job. Treat arrest records differently than conviction records.
Background screenings allow employers to get a more complete picture of a candidate, which may help them: Hire the most qualified people and improve productivity. Prevent instances of theft and other criminal behavior. Avoid workplace harassment and safety issues.
Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.
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The three Green Factors include: The nature and gravity of the offense or conduct. The time that has passed since the offense, conduct and/or completion of the sentence. The nature of the job held or sought.
A reference check generally involves contacting applicants former employers, supervisors, co-workers and educators to verify previous employment and to obtain information about the individuals knowledge, skills, abilities and character.

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