Pre-Employment Background Investigations
Overview
Hiring authorities and/or unit human resources (HR) representatives must conduct thorough reference checks and detailed information verification and receive satisfactory results on applicants to whom the university intends to offer employment before the applicant’s first day of work. Refer to university Policy 6.2.2 Reference Checks, Information Verification, and Background Checks for additional information.
When a more thorough information verification effort is required either by university policy or college/unit procedures, the University utilizes the services of Sterling Talent Solutions, Inc. To ensure consistency and compliance with the Fair Credit Reporting Act, hiring supervisors who wish to conduct a background investigation must contact their local human resource representative.
A background check may be requested after an offer, contingent upon successful completion of the background check, has been extended.
Upon completion of the background investigation, the local human resource representative will receive a report reflecting the information found during the investigation. Although in general, the majority of the reports will most likely not reflect any information that may impact the hiring decision, there will be some that reflect information that may result in an adverse decision. When a report is received that reflects information that may be considered to have an adverse impact on the individual's candidacy, it is required that the process as outlined in the Fair Credit Reporting Act and reflected in the steps below are followed.*
Very Important: If negative information is returned as a result of a criminal investigation, contact the Recruitment and Employment Center prior to making any decision.
Important FCRA Compliance Information
In order to maintain compliance with the Fair Credit Reporting Act (FCRA), please note the following:
- Prior to ordering a background report, you must (i) provide a disclosure in a separate document from the employment application to the applicant/employee that a consumer report is being ordered, and (ii) obtain a signed authorization from the applicant/employee.
- Adverse Action is considered any adverse employment decision including a denial of benefits, such as denial of job, promotion, or dismissal or any decision that adversely affects an employee or applicant. Contact your local HR representative, who in turn will engage the Recruitment and Employment Center, if you are considering taking any adverse employment action as a result of information contained in a consumer report.
When considering taking adverse employment action (including, but not limited to, denying employment or promotion, etc.) the FCRA has specific requirements you must follow, including:
Pre-Adverse Action
If you intend to take, or are considering taking, adverse action based on consumer report information (such as criminal records checks, credit checks, employment verifications, etc.) provided by Sterling Talent Solutions, you must first notify the individual before taking such action.
Use the Pre-Adverse Action Letter (docx). With the Pre-Adverse Action Letter, you must provide the individual with a copy of the Summary of Your Rights (pdf) document(s), a copy of New York Correction Law 23-A (pdf) and a copy of the consumer report provided by Sterling Talent Solutions. The letter includes required information such as Sterling Talent Solutions' contact information and a notice that the applicant/employee may dispute the accuracy or completeness of information in his/her report.
Waiting Period
After sending the Pre-Adverse Action letter, the applicant has 3 days to notify Cornell University, as instructed in the letter, if they intend to dispute any information contained in the consumer report. In such cases we must wait 5 days before making any final employment decision.
Adverse Action
After the waiting period expires and if there is no dispute, you can take adverse action. You must notify the individual of this action. Please use the approved Final Adverse Action Letter (docx). With the Final Adverse Action Letter, you must again include the Summary of Your Rights (pdf) document and a copy of New York Correction Law 23-A (pdf). To be in compliance with FCRA guidelines, it is required that our communication includes Sterling Talent Solutions’ name, toll-free phone number, and address, as well as a statement that Sterling Talent Solutions did not participate in the adverse decision and cannot provide specific reasons as to why the decision was made.
Thank you for your assistance in ensuring Cornell University is in compliance with the FCRA.
Background Check FAQs
FAQ for Policy 6.6.2, Reference Checks, Information Verification, and Background Checks
For Ithaca-based Locations and Cornell Tech Campus:
What population of employees will receive a background check?
Cornell University requires units to conduct a thorough reference check, education and employment verification on any applicant (internal and external) to whom an offer of benefits-eligible employment is to be made.
Additionally, a background check is required, as outlined in the procedures of the policy; in such cases, offers of employment must be contingent upon the satisfactory completion of the background check. Populations covered by the policy include:
- Regular non-academic (staff and union) positions
- Benefits-eligible temporary non-academic (staff and union) positions
- Those positions identified in the Policy Appendix regardless of the duration of appointment (covers all individuals regardless of current university employment/affiliation status).
Colleges/units have the flexibility to require background checks on individuals, to whom the contingent offer of employment has been made, beyond what is required by policy.
At what stage of the process can I initiate a background check?
In accordance with the university’s philosophy of a fair and unbiased hiring process, Cornell representatives will not ask an applicant to disclose information regarding criminal convictions until they have extended a contingent offer of employment. The reference checking, information verification and background check process is to be completed, with satisfactory results, before the first day of work. In a limited number of cases, and with the prior approval of the unit HR representative, Cornell will allow an individual to begin employment, unless working with children under 18 years old, contingent upon the successful completion of these processes, with satisfactory results, within 30 days of their start date.
What if the candidate has already had a background check?
If the candidate had a background check, with satisfactory results, in the past six months and the hiring unit has access to the results, a new background check is not required.
What are the background check packages are available and how do I know which to choose?
Depending on the position and/or candidate you will need to consider which package is most applicable, for example, if the position requires the candidate to drive a university vehicle a Basic Domestic + DMV might be the best option. There are a variety of options to choose from; a full listing with definitions is available at the bottom of this page.
Should I inform applicants that they are subject to background checks in my employment advertisements?
No. It is a violation of the NYC Fair Chance Act and inconsistent with the university’s commitment to having an open, inviting and inclusive application process to include any reference to a background check in the advertising language.
What if negative or misinformation is returned as a result of a background check?
You must follow the adverse action steps and contact the Office of Workforce Recruitment and Retention.
How long are Sterling records retained and how do I access them?
All checks are retained for seven years and are accessible on the SterlingONE platform.
If I need to run an international background check, what does it mean if I don’t see the country listed?
If the candidate’s experience has been in a country that the US does not have diplomatic relations the country will not appear as a selection option. In this case you will want to run the Extended Global Sanctions check. This checks thousands of sources internationally that include individuals who have been placed on a watch list, exclusions list, sanctioned and prohibited parties list by the United States Government, European Union, United Nations Security Council, World Bank and other foreign governments. Sources include, but are not limited to international sanctioning bodies, law enforcement agencies, and regulatory enforcement agencies. Databases referenced include, but are not limited to, Denied Parties, The Office of Foreign Assets Control (OFAC)'s Specially Designated Nationals (SDNs), Blocked Persons, FBI Most Wanted list, Interpol Most Wanted, Terrorist Watch Lists, and World Bank Debarred Parties.
How is billing handled?
The university has reserved funds for and will cover the cost and associated fees of information verification and background check efforts, as required by this policy. The requesting unit is responsible for covering the cost and associated fees of information verification and background check efforts for all other positions, and for any checks beyond those required by policy.
Invoices for background checks covered by policy must be submitted through an I Want Doc using the central account number. Any expenses for checks not covered by policy are to be covered by the local college/unit accounts
Background Check Packages
Background Check Packages and Descriptions
| Package Name |
Products Included |
Product Description |
|
DMV
|
DMV Driving RecordsClient Criteria
|
Motor Vehicle RecordReview of results conduct by Sterling based on criteria provided by Cornell
|
|
Basic International
|
International Criminal SearchEducation VerificationEmployment Verification
|
Search of criminal records outside the United StatesVerification of the highest degree received and enrollment (if applicable)Verification of the last 7 years of employment
|
|
Basic Domestic
|
SSN TraceNational Sex Offender Registry CheckMulti-State Criminal CheckFederal Criminal SearchEducation VerificationEmployment VerificationCounty Criminal Search
|
Database search to identify additional names and addresses associated with the candidateSearch of the National Sex Offender Registry to determine if a candidate is listedDatabase search of criminal information contributed by 43 statesSearch of Federal courts records for potential criminal records, based on the candidates address historyVerification of the highest degree received and enrollment (if applicable)Verification of the last 7 years of employmentSearch of the County court records for potential criminal records, based on the candidates address history
|
|
Basic Domestic - Excludes Education
|
SSN TraceNational Sex Offender Registry CheckMulti-State Criminal CheckFederal Criminal SearchEmployment VerificationCounty Criminal Search
|
Database search to identify additional names and addresses associated with the candidateSearch of the National Sex Offender Registry to determine if a candidate is listedDatabase search of criminal information contributed by 43 statesSearch of Federal courts records for potential criminal records, based on the candidates address historyVerification of the last 7 years of employmentSearch of the County court records for potential criminal records, based on the candidates address history
|
|
Basic Domestic - Excludes Employment
|
SSN TraceNational Sex Offender Registry CheckMulti-State Criminal CheckFederal Criminal SearchEducation VerificationCounty Criminal Search
|
Database search to identify additional names and addresses associated with the candidateSearch of the National Sex Offender Registry to determine if a candidate is listedDatabase search of criminal information contributed by 43 statesSearch of Federal courts records for potential criminal records, based on the candidates address historyVerification of the highest degree received and enrollment (if applicable)Search of the County court records for potential criminal records, based on the candidates address history
|
|
BASIC+DMV DOMESTIC
|
SSN TraceNational Sex Offender Registry CheckMulti-State Criminal CheckFederal Criminal SearchEducation VerificationEmployment VerificationCounty Criminal SearchDMV Driving RecordsClient Criteria
|
Database search to identify additional names and addresses associated with the candidateSearch of the National Sex Offender Registry to determine if a candidate is listedDatabase search of criminal information contributed by 43 statesSearch of Federal courts records for potential criminal records, based on the candidates address historyVerification of the highest degree received and enrollment (if applicable)Verification of the last 7 years of employmentSearch of the County court records for potential criminal records, based on the candidates address historyMotor Vehicle RecordReview of results conduct by Sterling based on criteria provided by Cornell
|
|
BASIC+CREDIT DOMESTIC
|
SSN TraceNational Sex Offender Registry CheckMulti-State Criminal CheckFederal Criminal SearchEducation VerificationEmployment VerificationCounty Criminal SearchEmployment Credit Report
|
Database search to identify additional names and addresses associated with the candidateSearch of the National Sex Offender Registry to determine if a candidate is listedDatabase search of criminal information contributed by 43 statesSearch of Federal courts records for potential criminal records, based on the candidates address historyVerification of the highest degree received and enrollment (if applicable)Verification of the last 7 years of employmentSearch of the County court records for potential criminal records, based on the candidates address historyCredit report for candidate provided by Transunion
|
|
BASIC DOMESTIC + INTERNATIONAL
|
SSN TraceNational Sex Offender Registry CheckMulti-State Criminal CheckFederal Criminal SearchEducation VerificationEmployment VerificationCounty Criminal SearchInternational Criminal Search
|
Database search to identify additional names and addresses associated with the candidateSearch of the National Sex Offender Registry to determine if a candidate is listedDatabase search of criminal information contributed by 43 statesSearch of Federal courts records for potential criminal records, based on the candidates address historyVerification of the highest degree received and enrollment (if applicable)Verification of the last 7 years of employmentSearch of the County court records for potential criminal records, based on the candidates address historySearch of criminal records outside the United States
|
|
BASIC+CREDIT DOMESTIC & INTERNATIONAL
|
SSN TraceNational Sex Offender Registry CheckMulti-State Criminal CheckFederal Criminal SearchEducation VerificationEmployment VerificationCounty Criminal SearchInternational Criminal SearchEmployment Credit Report
|
Database search to identify additional names and addresses associated with the candidateSearch of the National Sex Offender Registry to determine if a candidate is listedDatabase search of criminal information contributed by 43 statesSearch of Federal courts records for potential criminal records, based on the candidates address historyVerification of the highest degree received and enrollment (if applicable)Verification of the last 7 years of employmentSearch of the County court records for potential criminal records, based on the candidates address historySearch of criminal records outside the United StatesCredit report for candidate provided by Transunion
|
|
BASIC DOMESTIC - Excludes Education & Employment
|
SSN TraceNational Sex Offender Registry CheckMulti-State Criminal CheckFederal Criminal SearchCounty Criminal Search
|
Database search to identify additional names and addresses associated with the candidateSearch of the National Sex Offender Registry to determine if a candidate is listedDatabase search of criminal information contributed by 43 statesSearch of Federal courts records for potential criminal records, based on the candidates address historySearch of the County court records for potential criminal records, based on the candidates address history
|
|
BASIC LIMITED + DMV
|
SSN TraceNational Sex Offender Registry CheckMulti-State Criminal CheckFederal Criminal SearchCounty Criminal SearchDMV Driving RecordsClient Criteria
|
Database search to identify additional names and addresses associated with the candidateSearch of the National Sex Offender Registry to determine if a candidate is listedDatabase search of criminal information contributed by 43 statesSearch of Federal courts records for potential criminal records, based on the candidates address historySearch of the County court records for potential criminal records, based on the candidates address historyMotor Vehicle RecordReview of results conduct by Sterling based on criteria provided by Cornell
|
|
DOMESTIC: CAMPS/REUNION - CRIMINAL ONLY
|
SSN TraceMulti-State Criminal CheckFederal Criminal SearchCounty Criminal Search
|
Database search to identify additional names and addresses associated with the candidateDatabase search of criminal information contributed by 43 statesSearch of Federal courts records for potential criminal records, based on the candidates address historySearch of the County court records for potential criminal records, based on the candidates address history
|
|
Employment Verification
|
Employment Verification
|
Verification of the last 7 years of employment
|
|
A la cart Education Verification
|
Education Verification
|
Verification of the highest degree received and enrollment (if applicable)
|
|
Global Sanctions Search
|
Extended Global Sanctions Search
|
Database search of thousands of sources internationally that include watch lists, exclusions list, sanctions & prohibited parties list by the US Government, European Union, UN Security Council, World Bank, and other foreign governments
|
|
International Education
|
International Education Verification
|
Verification of the highest degree or enrollment (if applicable) received outside the United States
|
