2024 Background Screening Trends
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Written by: Eye Screening Solutions
Key Takeaways
- Employers are demanding more background checks, faster checks and better checks, including continuous post-hire background checking. These screenings are becoming increasingly challenging to deliver.
- In 2024, there is a patchwork of background check laws, mostly at the state and municipal level. These continue to evolve. In particular, fair chance laws and ban-the-box laws keep becoming more widespread.
- Social media screening will grow even more important as a source of both positive and negative information about applicants.
Top Background Screening Trends in 2024
The world of background screening never stands still. Recent years have found employers demanding better, faster and more frequent background checks in an environment that is becoming increasingly difficult for them and their CRAs to navigate. This isn’t going to change. In fact, 2024 and the years to come are likely to see even more rapid transformation in the field. Here are
some trends that stand out in 2024.
More Fair Chance and Ban-the-Box States
These types of laws improve employment opportunities for applicants who have a criminal record. Ban-the-box laws prohibit employers from asking about criminal history on the initial application. Some fair chance laws go further and prohibit employers from conducting a background search until they have made a conditional offer of employment.
Every year, more states and municipalities pass fair chance laws or expand the ones they already have. Several of these changes will become effective in 2024.
In addition, employers are rethinking procedures that limit opportunities for ex-offenders. With applicants often in short supply, they want to use every available source of new hires.
Expanded Clean Slate Laws
Clean slate laws either seal or completely expunge criminal records that meet certain criteria. Typically, in states with such laws, clean slate is available for most misdemeanors and some felonies after a specified number of years have passed. CRAs generally will not learn about sealed or expunged and are not allowed to report it if they do find it. At least 12 states have passed clean slate laws, and it’s almost certain that more will follow.
Ongoing Background Checks
More employers are going beyond pre-hire background checks and conducting ongoing checks on those already employed. For example, companies that employ drivers will periodically look for new criminal violations and license suspension. Many companies consider ongoing checks important for remote workers, who may escape the scrutiny that applies to people who show up at the workplace every day.
Evolving Marijuana Rules
Employers can still take reasonable steps to prevent people from coming to work under the influence of marijuana. In some states where recreational cannabis is legal, however, off-duty use of marijuana is protected from employer scrutiny. Some jurisdictions have outlawed pre-employment cannabis testing. Other states limit which metabolites of marijuana employers can test for and prohibit. These rules will continue to change, with the trend being toward more restriction of testing.
Social Media Background Checking
You can learn a lot about people from their social media accounts, and employers and CRAs are taking advantage of this fact. Both pre-employment and ongoing social media screening will increase in importance.
Employers often refuse to hire based on posts that are racist, sexist, or pornographic, that imply stalking, threats of violence or aggressive behavior, or that badmouth a previous employer or disclose confidential information. On the other hand, companies are more inclined to hire individuals whose posts are well-spoken and professional-looking, show a variety of interests, or support the application’s credentials.
Regulation of AI in Background Screening
More and more employers are using AI and automated employment decision tools (AEDTs) to select and rank candidates. These are coming under the scrutiny of governments and agencies who are concerned that they may be biased against certain groups. The Equal Opportunity Employment Commission (EEOC) has emphasized that automated evaluation decisions are still subject to anti-discrimination laws. New York City now requires employers to publish results that measure AI evaluation bias, and other jurisdictions are likely to follow suit.
Difficult Court Record Access
It’s becoming harder for CRAs to effectively retrieve court records, and there are a couple of reasons. First, some jurisdictions have removed identifiers such as driver’s license number and date of birth from public databases, complicating the problem of confirming that a public record belongs to the individual being vetted.
Also, security breaches and systems upgrades have caused outages in court systems. In some instances, the problem has been statewide.
New Background Check Laws
There are constantly new background check laws coming into play, and, unfortunately, few are at the federal level. Background screening is mostly governed by a patchwork of state and local laws, and the confusion that causes will only get worse.
Here are some examples of regulations that have recently gone into effect or are about to:
- Colorado and Delaware have passed Clean Slate laws that are effective in the summer of 2024. California, Connecticut and New York may also expand Clean Slate laws.
- Minnesota, Rhode Island, California and Washington have passed laws imposing restrictions on cannabis testing.
- New York City, Philadelphia and Nevada now prohibit pre-employment marijuana testing in most cases.
- Some jurisdictions, including Minnesota and Columbus, Ohio, now prohibit employers from asking about wage history.
- New York City regulates employers that use automated systems to select and rank applicants. Companies must show whether these are biased against protected groups.
- At the federal level, there’s a proposal to subject all federal employees to ongoing background screening.
These are only a few of the changes in the pipeline. More and more, it takes specialized expertise to keep in compliance with the latest regulations.
Bottom Line
Employers want more, better and faster background checks, and the evolving regulatory environment makes it more challenging for CRAs to provide them. There are likely to be more laws regarding Fair Chance, Ban-the-Box, Clean Slate and the use of AI. In many states, it is getting more difficult to retrieve court records. Companies are relying more and more on social media to evaluate candidates.
More now than ever, employers need to depend on the expertise of professional screeners. The client-facing CRAs need in turn to depend on wholesalers like Eagle Eye Screening Solutions. We have the resources and the
nationwide scope to keep abreast of the regulations in all jurisdictions and to overcome the obstacles in the 2024 environment.
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