Initiating Adverse Action

If a candidate’s background check returns any alerts, employers will have the opportunity to evaluate the specific records that triggered the alerts. Should the employer be dissuaded from proceeding with the candidate as a direct result of the background check, they will need to initiate the process of adverse action.

Pre-Adverse Action

The first step of the adverse action process is to send candidates a pre-adverse action notice. The pre-adverse action notice serves to inform the candidate that the employer is considering taking adverse action against them.

Sending a pre-adverse action notice consists of three steps:

1. Targeted Screening
2. Additional Documents
3. Reviewing and Sending the pre-adverse action notice

1. Targeted Screening

With GoodHire’s Targeted Screening, employers individually assess the specific record(s) that led them to consider pursuing adverse action and how those records relate to the nature of the job that they are looking to fill.

Employers start by selecting from an extensive list of potential records, with varying levels of severity and amounts of time passed from when the crime was committed.

Next, employers specify the position they are looking to fill and what the nature of that position is.

Lastly, the employer has the opportunity to send a customizable message to the candidate, requesting additional information around concerning records.

2. Additional Documents

Some states require employers to submit additional documentation as part of the pre adverse action process. If your state requires you to prepare additional forms, GoodHire will provide the needed forms. Simply download, sign, and re-upload.

3. Send Pre-Adverse Action Notice

Upon completing the targeted screening and providing any additional documents, employers will have the opportunity to review and send their pre-adverse action notice to the candidate.

Candidates are provided with a reasonable amount of time (5 – 10 days) to review their results carefully and dispute any inaccurate or incorrect information. After this review period, employers can then choose to proceed with the final adverse action notice.

Final Adverse Action

After pre-adverse action has been completed and the candidate has been allowed an appropriate amount of time to review and dispute their records, employers can proceed with the final adverse action notice. Final adverse action requires two steps:

1. Individualized Assessment
2. Reviewing and sending the final adverse action notice

1. Individualized Assessment

The Individualized Assessment requires the employer to select the records that lead them to pursuing adverse action and provide the reasons for why these records prevented the hiring process from proceeding.

Employers will be asked to provide supplementary information, including the number of convictions that caused them to pursue adverse action, new offenses that may have been committed, evidence of any rehabilitation, and any other mitigating circumstances.

Employers will also be asked to communicate to the candidate why they are choosing not to proceed with the hiring process and how the records returned played a role in the decision.

2. Send Final Adverse Action

Upon completing the individualized assessment, employers will have the opportunity to review and send their final adverse action notice to the candidate.