§ 2-767. Background checks for job applicants.

(a)

It is the intent of the county to follow the policy guidelines of the U.S. Equal Employment Opportunity Commission (EEOC) when conducting background checks and to fully comply with the law under Title VII of the Civil Rights Act of 1964.

(b)

A background check will only be conducted on an applicant who has received a conditional offer of employment.

(c)

Information sought in a background check shall only be job-related.

(d)

Information obtained during a background check shall be kept confidential.

(e)

Applicants must sign a written acknowledgment form granting the county permission to do a background check.

(f)

Types of background checks allowed:

(1)

Criminal background checks.

a.

Before the county hires a job applicant a criminal background check is required for all applicants.

b.

The county will consider the following before any negative employment decision is based on an applicant's criminal record:

• The length of time since a conviction;

• The nature of the crime;

• The relationship between the job to be performed and the crime committed;

• The number of convictions;

• Rehabilitation efforts; and

• Subsequent employment history.

c.

Arrest and conviction records will be treated differently. The fact of an arrest does not establish that criminal conduct has occurred and a negative employment decision based on an arrest, in itself, is not job related and consistent with the county's business necessity. The county may make an employment decision based on the conduct underlying an arrest if the conduct makes the applicant unfit for the position in question.

(2)

Vehicle driving records. In addition to the requirements in subsection (a) above, the county in obtaining Motor Vehicle Records (MVR) for job applicants will comply with the Tennessee Uniform Motor Vehicle Records Disclosure Act (T.C.A. § 55-25-101, et seq.), and as set forth in County Resolution R-15-12-801, The Knox County Fleet Safety Program § 7.

a.

A MVR record will only be obtained when the applicant is required to drive a vehicle on county business during the course of their employment.

b.

If the applicant is from a state other than Tennessee, the applicant is responsible for obtaining a certified copy of the MVR from that state's motor vehicle department.

(3)

Credit history background checks. In addition to the requirements in subsection (a) above, the county in obtaining credit history background information will comply with the Fair Credit Reporting Act (FCRA).

a.

A credit history background check will only be undertaken by the county on an applicant when the position applied for is one in which in the normal course of employment the primary job duties include handling money, finances, or auditing.

b.

A credit history background check is to be a listed requirement in the county's job description in which the applicant is applying.

c.

The applicant requiring a credit history background check will be provided A Summary of Your Rights Under the Fair Credit Reporting Act at the time they sign the authorization form required in subsection (e).

d.

Before the county takes any adverse action based on the credit history background check, the applicant will be provided with:

• Notice of the adverse action;

• A copy of the report including the name, address, and telephone number of the consumer reporting agency that provided the report;

• A written statement of the individual's rights under the law, as prescribed by the FCRA;

• A statement that the agency responsible for the credit history report did not make the adverse decision and cannot provide the applicant with the specific reasons supporting the action;

• Notice of the applicant's right to obtain a free copy of the report (if the report is requested within 60 days of receiving notice of an adverse action, a reporting agency must provide the report free of charge; and

• Notice of the applicant's right to dispute the accuracy or completeness of the information contained in the report.

(4)

Verification of education and professional credentials.

a.

County departments who verify education and professional credentials for a particular position through a background check must also conduct the same background checks on all future applicants for that position. County departments will not conduct a background check only on those applicants who they consider to have something suspicious on the application.

b.

Applicants must sign a written acknowledgment form granting the county permission to do a background check and verifying the applicant's education or professional license information.

(5)

Commercial truck drivers. If the applicant is applying for a truck driving position, the Federal Motor Carrier Safety Administration requires the county to request certain information from an applicant's previous DOT regulated employers, including:

• General driver identification and employment verification information;

• Information about accidents in which the applicant may have been involved;

• Whether the applicant violated any of the DOT alcohol and drug regulations; and

• Whether the applicant completed a substance abuse rehabilitation program, if required.

(g)

The county will contract with a vendor for background check services. The contractor must be a Tennessee licensed private investigation company and only employee licensed Private Investigators (PIs). The contractor must maintain compliance with the National Association of Professional Background Screeners (NAPBS) accreditation standards.

For criminal background searches on applicants, the vendor will perform the following:

• Social security number verification;

• County criminal search;

• State criminal search;

• Federal criminal search; and

• National database criminal search.

(h)

The human resources director or his/her designee will be responsible for evaluating applicant background checks and complying with all laws and regulations pertaining to background checks.

(Ord. No. O-16-8-101 , § 1(Exh. A), 9-26-16)