Ask the Experts: Background Checks, Religion and Employee Feedback

On Mar 8, 2024

We’re not bound by any law requiring us to conduct background checks, but we choose to do them for all new hires. Should we also do them when we rehire an employee?

It’s up to you. Conducting a background check when hiring a former employee would keep the process simple and straightforward. Every exception you add to a process gives you something else to remember – and potentially forget.

That said, you could instead establish a time limit between an employee’s termination date and rehire date – 90 days, for example – and if they’re rehired within that time, you wouldn’t run a background check. If you opt for this practice, consistency is key. Skipping background checks outside of this timeframe for some employees, but not others, could open your organization to discrimination claims.

We’ve had a request for a religious accommodation, but I think the employee wants to get out of following the policy for other reasons. How do I determine whether a religious belief is legitimate and sincerely held?

Ordinarily, you should assume that an employee’s request for a religious accommodation is based on a sincerely held religious belief, observance, or practice. The definition of religion is broad and protects beliefs, observances, and practices you may not be familiar with. That said, if you have an objective basis for doubting either the religious nature of the belief or that it’s sincerely held, you can request additional supporting information.

If you decide to ask for supporting documentation, don’t require that it come from a specific source, such as a clergy member or fellow congregant. A belief can be both religious and sincerely held by the employee without being shared by the leaders of the religion or all adherents to that religion.

If you intend to deny an accommodation on the basis that the belief, observance, or practice is not religious or sincerely held, we recommend that you work with legal counsel. Such a challenge can become complicated quickly.

How can we show employees that their feedback is heard and valued?

First, thank them. This lets the employee know you received their input and that you appreciate their taking the time and energy to give it. If you plan to act on the feedback and employee assistance is feasible, ask the person or people who suggested the change if they’d like to be involved in executing it. Employees who identify a problem may have ideas about the solution.

Second, when you make a change based on employee feedback, make sure all affected employees are aware that it was a motivating factor. If appropriate, give credit for the idea where it’s due. If you’re unable to make a desired change, explain why. 

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