EMP.4 - Background and Reference Checks

EMP.4 - Background and Reference Checks

Click here to access EMP.4 - Background and Reference Checks or view below.

Background and Reference Checks

In an effort to ensure a safe and productive work environment, the Company conducts various screenings on each applicant, including reference checks and a national or expanded criminal background check. These background checks will be conducted based upon applicable state/federal/local requirements and guidelines.  With respect to criminal background checks, the Company is prohibited by law from hiring or employing any individual who has been convicted of: a sex crime (IC 35-42-4); exploitation of an endangered adult (IC 35-46-1-12); abuse or neglect of a child (IC 35-42-2-1); failure to report battery, neglect, exploitation of an endangered adult or child (IC 35-46-1-13); theft (IC 35-43-4) if the conviction occurred less than 10 years before the application date; murder (IC 35-42-1-1); voluntary manslaughter (IC 35-42-1-3); involuntary manslaughter (IC 35-42-1-4); and battery (IC 35-42-2).  If an employee is charged with one of the previously listed convictions after their hire date, he or she must immediately notify their Supervisor. Supervisors must immediately notify the Owner so that appropriate action can be taken.    

 

In addition, licensed professionals will be checked for findings through the Indiana Professional Licensing Agency (IPLA).  Direct care staff will be checked against the nurse aide registry at the IPLA.  OIG screenings will also be performed.  Checks such as driving record and/or credit report may be made on applicants and employees for particular job categories if appropriate and job related.

 

The Company may conduct updated criminal background checks and screenings on current employees in the event the employee is implicated in a workplace investigation, to determine eligibility for promotion or reassignment, and for other business-related reasons.

 

Submitting to and successfully passing all applicable background checks and screenings is a condition of employment.  Background checks obtained from a consumer reporting agency are conducted in conformity with the Federal Fair Credit Reporting Act (“FCRA”).  The Company uses the information it collects from a consumer reporting agency and other sources in conformity with the Americans with Disabilities Act and state and federal privacy and anti discrimination laws. Reports are kept confidential and are only viewed by management staff with a need to know the information.

 

If information obtained by a consumer reporting agency in a consumer report would lead the Company to deny employment, the Company will

first provide the applicant or employee advance notice that includes a copy of the relevant consumer report and a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act,” before taking an adverse employment action.  By giving advance notice, the applicant or employee will have an opportunity to review the report and explain any negative information. Thereafter, the Company will comply with further notice requirements for its employment decisions pursuant to FCRA requirements.

 

Criminal background checks that show a criminal record does not automatically bar an applicant or employee from employment unless the record shows a conviction prohibited by law or the record presents a potential danger due to the nature of the offense and the work that the applicant or employee is expected to perform. For example, a criminal background check that shows any evidence of acts, offenses or crimes affecting the applicant’s/employee’s character or fitness to care for clients in their homes may be grounds for declining or terminating employment.

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