Benefits and Risks of Pre-Employment Screening
Whether you are hiring a new executive or a new janitor, new employees represent new business partners. Unlike formal business partners, you often lack the luxury of getting to know them and fully assessing their character and reliability before hiring them.
Pre-employment screening can help fill some of the gaps, and many companies are realizing the benefits. A study from the Society for Human Resource Management indicated that 80 percent of all private employers now conduct criminal background checks in addition to other screening procedures.
Background checks help you identify whether applicants have engaged in conduct that has not been disclosed, yet is critical to their future job performance. Background checks can help you verify everything from employment history and education to professional licensing and criminal convictions.
Pre-employment screening also can help you avoid safety problems, workplace violence, employee theft and a host of other problems. They can offer the added benefit of protecting you from negligent hiring claims by customers, clients or patients.
It is a good idea to include language on employment applications that specifically authorizes you to conduct thorough background checks, but rest assured you are entitled to pre-screen employees. You just have to be careful how you use the information obtained.
Employers need to be especially careful in three areas.
First, employers may deny employment to someone with a conviction record only if there is a substantial relationship between the crime in question and the person's ability to perform the job. For example, you would be well within your rights to deny employment to a driver who has a reckless driving record. But you could not legally deny employment to a driver because he or she has a 15-year-old disorderly conduct conviction. Likewise, a bank may turn down a teller applicant because he or she has a shoplifting record but not because of a speeding citation.
Employers who adapt a cart blanche rule of refusing to hire anyone with a conviction regardless of whether there is such a substantial relationship could be held liable for employment discrimination in Wisconsin and certain other states.
Second, you may also screen a potential applicant's financial history. If you do it yourself, there is minimal risk. If, however, you use a credit reporting agency or other third party, you must have the applicant's signed authorization in advance and assure him or her certain rights, such as the opportunity to see the information you obtained if you deny employment. That enables applicants to know what you heard from third parties so they may dispute it if they choose. This right is especially important in this age of identity theft.
Finally, if you're going to conduct background checks, it is advisable to do so uniformly across all employee groups to minimize the risk of employment discrimination claims based upon race, national origin, sex, disability or other prohibited grounds. That doesn't mean that if you pre-screen for one position, you must do so for all. It just means that if you are going to pre-screen for one secretary, it is advisable to do so for all secretaries. If you are going to pre-screen for one driver, it would be best to pre-screen all potential drivers.
Some industries, such as health care, child care and certain financial institutions, are required to do background checks, but it is a good idea for any company that wants to decrease employee turnover, protect itself from liability claims and build a high-functioning, productive team.
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