Compliance failures aren’t usually the result of one big mistake. Instead, they happen through a compliance drift–the slow, quiet decoupling of your written policies from the ever-changing laws and daily operations. In background screening, “standing still” is the fastest way to fall out of compliance.
Why Programs Drift
Your policy might be static, but the world around it isn’t. Drift happens because:
- Regulations move faster than handbooks: state and local Ban-the-Box, credit check, or salary history laws sometimes change quarterly, or even monthly, not annually.
- Operational shortcuts become the norm: recruiters under pressure to hire may skip steps or run screens early, creating “shadow processes” that bypass legal safeguards.
- Tech updates rewrite your rules: vendors update platforms and data sources; if you haven’t reviewed your settings lately, your software might be making decisions your policy doesn’t authorize.
- Growth outpaces governance: M&A activity and remote hiring across new borders often introduce legacy risks that never get fully integrated or vetted.
The Warning Signs
Is your program drifting? Watch for these red flags:
- “That’s how we’ve always done it”: the most dangerous phrase in compliance.
- Policy ghosting: your manual references vendors or tools you no longer use.
- Inconsistency: similar roles are being screened using different packages or criteria.
- The “exception” rule: you have more undocumented “rush” hires than standard ones.
How to Anchor Your Program
To stop the drift, move from passive administration to active governance.
- Assign an Owner: Compliance shouldn’t be “implied.” One person must own the bridge between Legal, HR, and the Vendor.
- Audit the Workflow, Not Just the Paper: Don’t just read the policy; watch a recruiter or HR actually initiate a screen. Gaps often hide in the clicks, not the text.
- Sync with Your Vendor: Regular check-ins and platform reviews are essential to ensure that the search strategies, screening packages, configurations, data sources, and decision tools still align with your policy and risk tolerance.
The Bottom Line: Compliance drift is silent until it’s deafening. If you aren’t actively managing the gap between what your policy says and what your business does, you’re already behind.
Disclaimer: This communication is for general informational purposes only and does not constitute legal advice. The summary provided in this alert does not, and cannot, cover in detail what employers need to know about the amendments to the Philadelphia Fair Chance Law or how to incorporate its requirements into their hiring process. No recipient should act or refrain from acting based on any information provided here without advice from a qualified attorney licensed in the applicable jurisdiction.