Every business owner knows how challenging it can be to find quality talent, particularly in today’s market. You have to consider if the person will be the right fit, have the right experience, be trustworthy. One way to ensure that you are hiring the best of the best is to conduct a background check. Yet there are important aspects of the screening process that every owner should know about in order to guarantee that they are hiring good people and obeying the law.

There are multiple benefits of screening prospective hires. In addition to verifying education and job experience (you could also check motor vehicle reports, credit history with some restrictions and professional licenses), Robert P. Giordano, COO of Kwantek, says that by implementing this practice consistently, you can also protect your employees from workplace violence, protect clients from exposure to threat, and provide a risk mitigation strategy.

“Checking on past performance is a good precursor to future performance,” he explains. “Conducting a check on all [prospective] employees tells current employees that they are working in a safe environment, which will lead to better retention if everyone likes and feels safe where they work.”

And considering that 3 percent of applicants have a misdemeanor record and 7 percent have a felony record, making screening a regular part of the process can only provide positive results for the company.

“Running a criminal background check is an important component of any sound hiring practice,” says Claudia St. John, president of Affinity HR Group. “The more consistent employers are with their screening tools, the less likely they are to be accused of discriminatory hiring practices. For that reason, we recommend that companies run background checks on all employees, regardless of position or job title. If you only screen entry-level work and that work is predominantly performed by minority or other protected classes of employees, you could inadvertently be causing an adverse impact on those candidates.”

When conducting background checks on all potential hires, St. John said it’s important for an employer to know that what you can screen in a background check varies on a state-by-state and even local level.

“Most screens check for felony convictions and registry of sex offenders. Credit rating and bankruptcy screening is strictly limited and should only be used if the candidate’s financial history is relevant to the position,” she explains. “There is a new movement on the state and local level called ‘ban the box,’ which restricts asking any questions about criminal background until late in the hiring process. To avoid running afoul of the local ordinances, we recommend running a criminal background check once a contingent offer of employment is extended.”

Business owners also have to remember that they should not only check for criminal past, but decide whether that criminal past is relevant.

“For example, if an employee has a Driving While Intoxicated conviction that is 20 years old, and the position does not require the operation of a motor vehicle, that conviction is not likely to be relevant to the job,” St. John says. “However, if a person has a 2-year-old conviction for burglary and theft and is applying for the position of security guard in a jewelry store, that history is relevant to the job. As with so many things in HR, it is a gray judgment call.”

What should not be gray, though, is the decision on whether to screen all potential hires.

St. John says, “Probably the most serious consequence of not running a background check is hiring someone with a known criminal history who goes on to do harm to you, one of your employees or one of your clients. This is called ‘negligent hire,’ and an employer can become legally liable for not doing enough due diligence in screening potential employees.”

Giordano pointed out additional risks, such as increase in loss prevention and turnover, as well as compliance issues.

So what should employers who are looking for the right background checks service do? Giordano advises the following:
• Make sure the vendor is National Association of Professional Background Screeners (NAPBS) accredited.
• Establish a screening policy.
• Customize packages for the requirements of each position.
• Always include a complete criminal record history check based on an individual’s address history supplemented by national criminal databases.

BSCAI provides options for HR consultation, hiring best practices, background screening discounts and more. Contact BSCAI at info@bscai.org for complete details.




POSTED ON: 3/23/2016