<

Pre-employment Criminal Background Checks

May 20, 2021   Business

How deep should you go?

Given that nearly one-third of all Americans have some kind of criminal record, if you are using criminal background screenings as part of a safe hiring policy, you’re going to encounter candidates within your applicant pool that have a history of criminal activity. While there’s no denying the value of criminal record checks, using them appropriately for hiring decisions requires care. How deep should you go when performing a criminal search, and what should you do with the results? These three steps will help you weigh the risks and opportunities of individual applicants in a fair and balanced way.

Focus on the Position

Designing your background check policy begins by examining each position. Understanding the specific responsibilities and potential risks for each role within your organization will help you define what it means to hire wisely. Consider the following types of questions:

  • How much direct, active supervision does the position receive?
  • To what extent does the position represent your brand to the public?
  • What risks are associated with the position?
  • Does the position require interaction with vulnerable populations?
  • Does the position involve direct access to cash or other fungible assets?

As you can see, this type of analysis is critical. For example, for positions that require direct access to cash, a criminal history of theft is relevant. Likewise, a poor driving record is pertinent to positions requiring the operation of a motor vehicle. Conversely, if the criminal background check returns results that have little relevance to the job at hand and if the applicant is otherwise qualified, the record need not be disqualifying.

Follow EEOC Guidelines

The U.S. Equal Employment Opportunity Commission (EEOC) has defined three factors to guide employers in their use of criminal background checks:

  • The nature of the job.
  • The nature and seriousness of the offense.
  • Time passed since commission of the offense or completion of sentence.

With these factors in mind, employers will often find that an applicant’s criminal past does not disqualify them for the position. However, if there is deemed to be a significant risk, there’s one more step.

Make an Individual Assessment

Before taking adverse action, the EEOC recommends conducting an individual assessment. Talk to the applicant. Let them know their past actions may exclude them from the position and give them a chance to explain. Information about the circumstances, severity, subsequent rehabilitation efforts, and other mitigating factors may or may not alter your original decision, but you’ve done your due diligence to be fair and equitable.

The End Goal

The end goal is to hire qualified, trustworthy, responsible employees. Following these steps will help you collect and use the information you need to evaluate risks and make fair and wise hiring decisions.