How To Reject A Potential Tenant

By Paul Prudente


The guidelines regarding how employers may obtain and utilize information during the background screening process continues to change, making it hard for many employers to keep up-to-date with this information. In fact, last year the Equal Employment Opportunity Commission (EEOC) issued new guidance for employers who conduct background screenings based on Title VII of the Civil Rights Act of 1964. The new guidelines pertain to how employers can screen potential employees with a history of criminal activity.

Despite the prevalence of hiring temporary employees, it would appear that many companies neglect to perform employment screenings for these individuals. In fact, recent statistics show that while 90% of U.S. companies require background checks for traditional employees, only about 35% utilize a screening process for temporary workers.

The EEOC recommends employers use individualized background screening assessments, as opposed to applying blanket standards to all employees. The EEOC made statements indicating that employers who were inflexible on a no-felony policy or didn't provide assessments on an individualized basis would face potential civil action from the agency.

The best way to avoid the potential for rejection is to provide clear standards to the renter before they complete an application. Let the person know what you'll be looking for, and what would automatically disqualify a person from renting your property.

Often employers neglect to perform screenings for temporary employees because they don't fully understand the risks. Just as a traditional employee has access to important information, such as data, personal information and financial information, as does a temp in many circumstances. Despite the fact that temps are often paid directly by a staffing company, the employer who has the worker on-site can still be held financially and legally responsible for the actions of that individual.

* Create guidelines regarding the criminal offenses that would make an employee not suitable for a particular position.

* Create a uniform and standardized written policy that lays out how your organization will screen the criminal records of job applicants. All managers and other high-level employees should be aware of this screening process.

Performing Screenings for Temporary Employees

* Understand not only the federal requirements of the Fair Credit Report Act, but also any pertinent state laws. Remember, state laws vary greatly, so don't simply rely on federal laws.

As a landlord it's important to maintain copies of all such documents for your own records, in order to prevent future inaccuracies if a rejected tenant does attempt to take legal action.

With temporary employees making up about of today's entire workforce in the U.S., and that number expected to grow to 23% by 2020, it's more vital than ever for employers to understand the risks and what can be done to mitigate these potential problems during the process of hiring a temp.




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