Human resources teams in today's digitally-driven workplace rely on sophisticated solutions, like Applicant Tracking Systems (ATS) and employee monitoring systems, to manage various aspects of employee lifecycle management. Continuous monitoring platforms equipped with AI algorithms and automated alerts enable HR professionals to monitor employees' personal and professional records through multiple sources, like criminal databases, social media platforms, and licensing boards.
These continuous background checks notify employers of suspicious activities or deviations from predefined criteria to ensure a safe and compliant work environment. However, improper handling of employee monitoring can lead to severe legal and ethical ramifications. H&M's hefty fine of over €35 million (~USD 40 million) underscores the gravity of disregarding employee privacy rights and overstepping legal boundaries in continuous background verification practices.
Unlawfully documenting personal details like family relations, religious beliefs, and illnesses breaches privacy regulations, undermines employee trust, and damages corporate reputation. Employers must prioritize compliance with data protection laws and ethical guidelines to safeguard employee privacy and maintain organizational integrity while deploying continuous checks.
Best Practices: Dos of Continuous Background Screening
1. Establish Clear, Well-written Policies to Fit your Needs
Begin by devising comprehensive policies that outline the scope and procedures of continuous monitoring. These policies should precisely define what aspects of employee records will be monitored, where the monitoring will occur, and the frequency. Tailor these policies to align with your organization's needs and regulatory requirements. For instance, in a retail environment, monitoring employee records related to cash handling, inventory management, and customer interactions may be crucial for maintaining security and compliance with industry standards.
Transparent Communication and Consent
Employers must communicate the purpose and benefits of continuous background verification through clear and transparent communication channels. As laws mandate, obtain explicit consent from employees before initiating any background screening activities. Transparency also involves:
- criminal records
- Educational Credentials
- Professional licenses
3. Customized Screening Criteria
It involves identifying key factors such as job responsibilities, regulatory compliance obligations, and access to sensitive information. For example, for roles that involve handling financial transactions, employers may prioritize screening for financial integrity and fraud prevention. Similarly, for positions requiring interaction with vulnerable populations such as children or the elderly, screening for criminal history and abuse records may be crucial. Customization may also require integrating and correlating user activity data with other data sources for more personalized reporting and deeper analysis to improve business operations further.
4. Prioritize Secure Data Management
Implement robust data storage protocols and ensure all monitored data is stored securely on protected computer networks. Access to this data must be restricted to authorized personnel on a ‘need-to-know’ basis to minimize the risk of data breaches.
5. Grant Employees Access to Any Records Found
Empower employees by granting them access to their continuous check records. It promotes transparency and accountability, allowing employees to review and verify the accuracy of the information collected during the screening process.
6.Utilize Automated Alerts
In real-time, automated alert systems can detect and notify employers of suspicious activities or deviations from predefined criteria. Establish parameters for identifying red flags, such as new criminal records or regulatory sanctions, updates to professional credentials, significant changes in financial status, or any adverse events reported in ongoing social media monitoring. It lets employers proactively identify and address potential risks within the workforce, enabling prompt intervention and mitigation of issues.
Steer Clear of These Mistakes: Don’ts of Continuous Monitoring
1. Disregard Consent and Privacy
Disregarding employee consent and privacy rights during continuous background verification can lead to legal consequences and erode employee trust. Clearly outline the scope and purpose of monitoring in company policies and address personal cell phone use, personal email access, and internet usage guidelines to maintain transparency and respect employee privacy rights.
2. Ignoring Regulatory Compliance
Ignoring regulatory compliance requirements can result in fines, damage to the organization's reputation, and legal liabilities. Familiarize yourself with laws and regulations governing employee monitoring systems, such as ban-the-box laws, information technology rules, and local data privacy laws. Refrain from micromanaging or spying on employees to avoid legal issues related to privacy infringement.
3. Overreliance on National Databases
Avoid overreliance on national criminal databases as the sole source of background checks. While national databases provide broad coverage, they may not always contain up-to-date or accurate information. Supplement national searches with local-level checks to verify results. Organizations can enhance their screening by integrating credit checks, collaborating with third-party vendors, and conducting behavioral assessments or personality tests at set intervals.
4. Settling for Unreliable Providers
Conduct thorough research when selecting a screening provider. Ensure the chosen provider adheres to industry best practices and maintains data accuracy and security. Avoid installing monitoring software on non-company-owned devices.
5. Making Assumptions Based on Incomplete Data
Prioritize thorough analysis and verification of all available information to avoid making assumptions based on incomplete or insufficient data. Provide employees with the opportunity to review and dispute any discrepancies found in their background check results, allowing them to provide additional information or clarification before any conclusions or corrective actions are made.
6. Neglect Screening of Subcontractors and Temporary Workers
Temporary workers, such as seasonal employees, contract workers, or workers hired through staffing agencies, are prevalent in retail, hospitality, construction, and event management industries. These workers often have access to sensitive information, interact with customers, or perform tasks critical to the organization's operations. Therefore, it's essential to include temporary workers and subcontractors in the background screening process to mitigate legal liabilities and reputational damage.
Conclusion
In today's fast-paced business landscape, where data is the lifeblood of decision-making, continuous monitoring must adhere to procedural guidelines and ethical imperatives that define organizational culture and employee well-being. This checklist helps you foster a workplace environment where transparency, accountability, and respect for individual privacy converge to create a foundation of trust.
