Short Answer
Complete Explanation
The word “consider” on a background‑check report is a procedural cue rather than a definitive judgment. It tells the employer that a specific piece of information—such as a criminal conviction, civil judgment, or employment gap—has been flagged for additional review to determine whether it is relevant to the job’s duties, the company’s policies, and applicable laws. This status commonly appears when the finding falls into a gray area that may be permissible under the Fair Credit Reporting Act (FCRA) and Equal Employment Opportunity Commission (EEOC) guidelines, but still requires a case‑by‑case assessment.
- Definition:
“Consider” indicates that the background‑screening agency has identified a record that warrants further scrutiny before a final hiring decision is made. - Typical Context:
It is often used for misdemeanor convictions, older offenses, or non‑violent crimes that may be mitigated by factors such as rehabilitation, time elapsed, or job relevance. - Legal Implication:
Under the FCRA, employers must provide a pre‑adverse‑action notice and a copy of the report before taking negative action based on a considered finding. - Employer Action:
Employers may request additional documentation, conduct an interview, or consult legal counsel to decide whether the finding is disqualifying. - Candidate Rights:
Candidates have the right to dispute inaccurate information and to receive an explanation of how the considered finding influences the hiring decision.
Common Misconceptions
“Consider” means the candidate is automatically rejected.
It merely flags the item for review; the final decision may still be positive after contextual analysis.
The term is a legal determination of guilt or fault.
It is an administrative label used by screening providers and does not constitute a legal verdict.
FAQ
Does a "consider" label automatically disqualify a job applicant?
No. The label signals that the employer must evaluate the relevance of the finding. The final decision may still be favorable if the record is deemed not pertinent.
What rights does a candidate have when a background check shows "consider"?
Candidates can request a copy of the report, dispute inaccuracies, and receive a pre‑adverse‑action notice if the employer intends to use the finding to deny employment.
How long can an employer keep a "consider" finding in their records?
Retention periods vary by jurisdiction, but many employers retain background‑check data for a minimum of one year after the hiring decision, unless specific state laws require longer storage.
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