CODESP Background and Reference Investigations 4 — Questions and Answers
Question 1: Which of the following best describes the purpose of a 'ban the box' policy?
- Prohibiting employers from conducting any criminal background checks
- Delaying inquiry into criminal history until later in the hiring process after initial screening (Correct answer)
- Requiring all convictions to be automatically disclosed on job postings
- Limiting background checks to positions with security clearances only
Correct answer: Delaying inquiry into criminal history until later in the hiring process after initial screening
'Ban the box' policies remove the criminal history checkbox from initial job applications, allowing candidates to be evaluated on qualifications first.
Question 2: When a reference provides highly negative and potentially defamatory information about a candidate, the investigator should:
- Immediately share the information with all hiring panel members
- Document the information objectively and note it as one source's perspective, subject to verification (Correct answer)
- Discard the information to protect the candidate
- Ask the reference to put their comments in writing and sign them
Correct answer: Document the information objectively and note it as one source's perspective, subject to verification
Investigators should document negative reference information objectively and factually while noting it represents one source, allowing decision-makers to weigh it appropriately.
Question 3: Which federal agency provides guidance on how employers should use criminal records in hiring decisions to avoid discriminatory impact?
- The Department of Labor (DOL)
- The Equal Employment Opportunity Commission (EEOC) (Correct answer)
- The Federal Bureau of Investigation (FBI)
- The Department of Justice (DOJ)
Correct answer: The Equal Employment Opportunity Commission (EEOC)
The EEOC issued guidance in 2012 on the use of arrest and conviction records in employment decisions under Title VII.
Question 4: The primary difference between an 'arrest record' and a 'conviction record' in background investigations is:
- Arrests are more serious than convictions for employment purposes
- An arrest indicates an accusation but not guilt, while a conviction represents a legal finding of guilt (Correct answer)
- Convictions can be hidden from employers but arrests cannot
- Only convictions can be discovered through criminal background checks
Correct answer: An arrest indicates an accusation but not guilt, while a conviction represents a legal finding of guilt
An arrest indicates only that a person was accused of a crime; a conviction means a court found the person guilty or they pleaded guilty.
Question 5: For positions requiring a federal security clearance, background investigations are conducted by:
- The hiring agency's HR department independently
- Authorized federal investigative agencies such as the Office of Personnel Management (OPM) or DoD (Correct answer)
- Private background check companies under contract with the candidate
- State law enforcement agencies in the candidate's home state
Correct answer: Authorized federal investigative agencies such as the Office of Personnel Management (OPM) or DoD
Federal security clearance investigations are conducted by authorized federal investigative agencies, primarily OPM's National Background Investigations Bureau or DoD components.
Question 6: Which situation represents an appropriate use of social media screening during a background investigation?
- Searching for the candidate's political opinions to assess cultural fit
- Verifying publicly shared professional accomplishments and detecting potential misrepresentations (Correct answer)
- Using social media to determine a candidate's race or religion
- Creating a fake profile to gain access to a candidate's private posts
Correct answer: Verifying publicly shared professional accomplishments and detecting potential misrepresentations
Social media screening is appropriate for verifying job-related claims and detecting misrepresentations, but must not be used to gather information about protected characteristics.
Question 7: In a background investigation, 'third-party verification' refers to:
- Having three different employees review the candidate's application
- Confirming information through sources independent of the candidate, such as employers, schools, or agencies (Correct answer)
- Requiring three personal references in addition to professional references
- Using a third-party vendor to conduct the background investigation
Correct answer: Confirming information through sources independent of the candidate, such as employers, schools, or agencies
Third-party verification means confirming candidate-supplied information directly from independent external sources rather than relying solely on the candidate's self-report.
CODESP Background and Reference Investigations 4
Which of the following best describes the purpose of a 'ban the box' policy?