Background Check Policy

Background Check Policy

All applicants who are offered employment with DefectDojo, Inc. (the Company) will be subjected to a background check either by the Company or a third-party vendor. Applicants and employees may be subject to a consumer report or investigative consumer report. The Company will review relevant background information to select and retain the most qualified employees with the goal of maintaining a safe and productive work environment. This policy applies to the criminal history screening of prospective and current employees.

The Company will conduct all third-party background checks in accordance with the Fair Credit Reporting Act (FCRA), other applicable federal and state laws, and Company procedures.

Obtaining Background Reports

• Prior to the background check, the applicant must complete disclosure and authorization forms authorizing the Company to conduct specific background checks.
• Authorization may be in electronic or written form and will remain valid throughout the employee’s employment if hired, as allowed by applicable law.
• Background checks will be kept confidential and shared only with individuals who have a business need to review the information for employment decisions.
• Reports will be retained in accordance with the Company’s document retention procedures and federal and state regulations.

Criminal Background Reports

• The existence of a criminal record will not automatically disqualify an applicant from employment.
• If a criminal record is received, the information will be verified against the disclosure and authorization form and any other identifying information to ensure it belongs to the applicant.
• If the record includes a criminal offense, the Company will conduct an individualized assessment to determine whether excluding the applicant is job-related and consistent with business necessity.

Factors considered prior to employment decisions may include, but are not limited to:

• The nature and gravity of the offense
• The nature of the position held or being sought, including duties and responsibilities
• The relevance of the offense to the position
• Time elapsed since the offense
• Age of the applicant at the time of the offense
• Facts or circumstances surrounding the offense
• Number of offenses for which the individual was convicted
• Evidence of performing the same type of work post-conviction with no known incidents
• Length and consistency of employment history before and after the offense
• Evidence of rehabilitation, including education or training following the offense
• Employment or character references or other relevant information regarding fitness for the position
• The interest of the Company in protecting property, and the safety and welfare of employees or the public
• False statements or material omissions made by the applicant on the employment application or during an interview
• Any other factors mandated by federal or state law

Adverse Action

• Applicants or employees will be provided with a copy of the criminal record obtained from the third-party vendor before the Company questions them about the record.
• Prior to taking any adverse action in whole or in part based on background check information, the applicant will receive a pre-adverse action notice, a copy of the background check, a summary of rights under the FCRA, and any other applicable documents required by law.
• Applicants will have an opportunity and sufficient time to provide information that explains discrepancies or inaccuracies in the report before an employment decision is made.
• If adverse action is still deemed necessary, the applicant will be provided with an adverse action notice regarding the decision.