Defining 'consider' in the context of background checks
What Does 'Consider' Mean on a Background Check?
When reviewing a background check report, the term 'consider' can create confusion for both candidates and employers. In the context of background checks, 'consider' is a status that signals the employer should take a closer look at certain findings before making a hiring decision. This status does not automatically disqualify a candidate, but it does indicate that something in the background check—such as a criminal record, drug test result, or verification issue—requires further evaluation.
- Background check status: 'Consider' is one of several possible outcomes, alongside 'clear' or 'pass.' It means the check has flagged information that may be relevant to the job or the employer's hiring policy.
- Criminal records: If a criminal history appears, especially for incidents that happened years ago, the report may be marked as 'consider.' Employers typically review the relevance of the criminal record to the job role.
- Verification issues: Discrepancies in employment or education verification can also trigger a 'consider' status, prompting employers to request a copy of supporting documents or clarification from the candidate.
- Drug test results: In some cases, a flagged drug test will result in a 'consider' status, requiring further review in the hiring process.
Employers use the 'consider' status as a signal to pause and assess the information in the context of the job requirements and company policies. It is not a final decision, but rather a prompt for further evaluation. The process for handling a 'consider' background check is shaped by legal and ethical standards, which can vary by location. For example, understanding employment law violations in Washington can help employers navigate these situations with greater clarity and compliance.
Ultimately, the 'consider' status is about ensuring fairness and relevance in the hiring process. It allows employers to weigh the background check findings against the responsibilities of the job, the time elapsed since any incidents, and the candidate's overall suitability. This approach supports both transparency and trust in the hiring process, which are explored further in the following sections.
How background check results are evaluated by HR
How HR Interprets 'Consider' on Background Check Reports
When a background check report is marked with a 'consider' status, it signals that the results require further review by employers. This status does not automatically disqualify a candidate, but it does prompt HR to take a closer look at the findings. Employers typically use this step to evaluate the relevance of any flagged information to the job in question.- Criminal records: If a criminal record appears, HR will assess the nature of the offense, how many years ago it occurred, and its relevance to the job role. Not all criminal history is treated equally. For example, a minor offense from many years ago may be considered less significant than a recent, serious conviction.
- Drug test results: A 'consider' status may also appear if a drug test result is inconclusive or requires additional verification. Employers will review the context and may request a retest or further documentation.
- Verification issues: Sometimes, employment or education verification checks return incomplete or conflicting information. HR must determine if these gaps are critical for the hiring process.
Factors Employers Weigh During the Evaluation Process
The decision-making process involves balancing fairness to the candidate with the organization's risk management needs. HR professionals look at:- The specific requirements of the job and whether the flagged background check item directly impacts job performance or safety.
- How long ago the incident or issue occurred and whether there is evidence of rehabilitation or positive change.
- Legal guidelines that restrict the use of certain background check information in hiring decisions.
Transparency in the Evaluation Process
Clear communication with candidates is essential when a background check is marked 'consider.' HR should explain what the status means, what steps will be taken next, and how the candidate can provide additional context or documentation if needed. This approach not only supports fairness but also helps build trust throughout the hiring process.Communication strategies for HR when 'consider' appears
Approaching 'Consider' Status with Clarity and Sensitivity
When a background check report is marked as "consider," it signals that the employer should review certain findings before making a hiring decision. This status can relate to criminal records, drug test results, or verification issues that may or may not be relevant to the job. For candidates, seeing "consider" can be confusing or even alarming, so clear communication from HR is essential.- Timely and Transparent Updates: Inform candidates as soon as possible when their background check status is marked as "consider." Explain what this status means in the context of your hiring process and reassure them that it does not automatically disqualify them from the job.
- Contextualizing the Findings: Share which part of the background check (such as criminal history or drug test) is under review. Emphasize that employers typically assess the relevance of any findings to the specific job role, considering factors like how many years ago the incident occurred and its connection to the job's responsibilities.
- Encouraging Dialogue: Invite candidates to provide additional context or clarification about the findings. This can help both the employer and the candidate understand whether the "consider" status is a barrier or simply a point for discussion.
- Providing Resources: Offer candidates the option to request a copy of their background check report. This transparency builds trust and allows them to verify the information themselves.
- Consistency in Messaging: Use clear, consistent language across all communications. Avoid jargon and explain terms like "consider" and "background check" in plain language.
Legal and ethical considerations in background check communications
Legal Frameworks and Ethical Boundaries in Sharing Background Check Results
Employers typically face strict legal and ethical guidelines when communicating about a candidate’s background check status, especially when the report is marked as "consider." Understanding what does "consider" mean in this context is essential for both HR professionals and candidates. The term "consider" on a background check report often signals that something in the candidate’s criminal history, drug test, or verification process requires further review. However, employers must navigate several legal and ethical boundaries when discussing these findings:- Compliance with Fair Credit Reporting Act (FCRA): Employers are required by law to notify candidates if any part of the hiring process is influenced by information found in a background check. If a candidate is being considered based on a criminal record or other flagged item, the employer must provide a copy of the report and a summary of rights.
- Ban-the-Box and State Laws: Many regions restrict when and how criminal records can be discussed during the hiring process. Employers should only consider background information that is relevant to the job and avoid blanket exclusions based on criminal records from years ago.
- Data Privacy and Confidentiality: Background check results, including drug test outcomes and verification details, must be handled confidentially. Sharing or discussing a candidate’s status background with unauthorized parties can lead to legal consequences.
- Relevance to the Role: Ethical HR communication means evaluating whether the flagged issue is truly relevant to the job. For example, a criminal record from many years ago may not be considered significant for certain roles, especially if the offense does not relate to the job’s responsibilities.
Balancing Transparency and Fairness
When a background check is marked "consider," employers must balance transparency with fairness. Candidates have the right to know what information is being considered and how it may impact their job application. At the same time, HR should avoid making assumptions based on incomplete or outdated records. Best practices include:- Clearly explaining the background check process and what does "consider" mean background in the context of the hiring process.
- Giving candidates an opportunity to explain or dispute findings, especially if the information is several years old or may not be accurate.
- Documenting all communications and decisions to ensure compliance with legal requirements and to protect both the employer and the candidate.
Supporting candidates through ambiguous background check results
Helping Candidates Navigate Unclear Background Check Results
When a candidate’s background check is marked as "consider," it can create uncertainty for both the employer and the individual. This status does not mean an automatic rejection, but rather signals that the employer needs to review the findings more closely. Supporting candidates through this phase is essential for maintaining a positive hiring experience and upholding the company’s reputation. Employers typically encounter "consider" when a background check reveals information that may be relevant to the job, such as a criminal record from years ago or an unresolved verification. The ambiguity of the consider status can be stressful for candidates, especially when they are unsure what it means for their job prospects.- Clear Communication: Employers should promptly inform candidates about the consider status and explain what it means in the context of the hiring process. Transparency helps reduce anxiety and builds trust.
- Offer Guidance: If possible, provide candidates with information about the specific records or checks that led to the consider background status. Let them know if additional documentation or clarification is needed.
- Encourage Questions: Invite candidates to ask questions about the process, such as how their criminal history or drug test results are evaluated. This shows respect for their concerns and helps them feel supported.
- Respect Privacy: Handle all background check communications with confidentiality. Only share details that are necessary for the hiring decision and in line with legal requirements.
- Provide Resources: If a candidate wants to request a copy of their background check report, guide them on how to do so. This empowers them to review the information and address any inaccuracies.
Building trust and clarity in HR communication
Fostering Transparency Throughout the Hiring Process
Building trust with candidates during the background check process is essential, especially when the status is marked as "consider." Employers typically face questions about what this status means and how it impacts the hiring decision. Being open about the steps involved in background checks, including what is being verified—such as criminal records, employment history, or drug test results—helps candidates understand the process and reduces anxiety.Clear Explanations of the 'Consider' Status
When a candidate's background check is marked as "consider," it is important to explain what does "consider" mean in this context. This status often indicates that something in the background check, such as a criminal record from years ago or a discrepancy in employment verification, requires further review. Employers should clarify that "consider" does not automatically disqualify a candidate, but signals a need for additional evaluation based on the relevance to the job.- Describe what information is being considered and why
- Explain how the relevance to the job is assessed
- Outline the steps the employer will take before making a final decision