7 Common Employer Concerns

Even with all of the advantages of a screening program, many employers still have questions and concerns about implementing background checks. Described below are seven common concerns that employers express.

Is screening legal?
Yes. Employers have an absolute right to conduct lawful pre-employment screening in order to hire the bestqualified candidates. A federal law called the Fair Credit Reporting Act (FCRA) balances the right of employers to know who is being hired with an applicant’s right of disclosure and privacy. Under this law, the employer first obtains the applicant’s written consent to be screened. In the event negative information is found, the applicant must be given the opportunity to correct the record. Employers should set up a consistent policy so similarly situated applicants are treated equally. A qualified screening company will assist an employer with legal compliance issues.

Does screening invade privacy?
No. Employers can find out about only those things that an applicant has done in his or her “public” life. For example, checking court records for criminal convictions or calling past employers or schools does not invade a zone of personal privacy. Employers are looking only at information that can be seen as valid, non-discriminatory predictors of future job performance. Employers should also take steps to maintain confidentiality within an organization, such as keeping background check reports in a separate file from the personnel files.

Is screening cost-effective?
Yes. A pre-employment screening will typically cost less than the expense of a new employee on his or her first day on the job. That’s pocket change compared to the damage one bad hire or one incident of workplace violence can cause. In addition, employers typically only screen an applicant if a decision has been made to extend an offer, so not all applicants are screened. It is ironic that some firms will spend hours shopping for a computer bargain and at the same time try to save money by not adequately checking out a job applicant, which represents an enormous investment. The bottom line is that problem employees usually cause employee problems, so any money spent in an effort to avoid problems in the first place is money well spent.

Does screening discourage good applicants?
No. Employers who engage in screening do not find that good applicants are deterred. Good job applicants have a desire to work with qualified and safe coworkers in a profitable environment. A good candidate understands that background screening is a sound business practice that helps a firm’s bottom line and is not an invasion of privacy or an intrusion.

Does screening delay hiring?
No. Background screening is normally performed in just 48 to 72 hours. Keep in mind that most of the information needed is not stored in databases, but must be obtained by going to courthouses or calling up past employers or schools. Occasionally there can be delays, such as previous employers who will not return calls, schools that are closed for vacation or a court clerk who needs to retrieve a record from storage.

Furthermore, an organization that is careful in its hiring practices should find a lower rate of “hits” during background checks. There are a number of steps a firm should take to ensure safe hiring well before a name is submitted to a background company. These techniques include making it clear your firm does background checks in order to weed out bad applicants, knowing the “red flags” to look for in an application and asking questions in interviews that will filter out problem candidates.

Is screening difficult to implement?
Not at all. For an overburdened HR, security or risk-management department already handling numerous tasks, outsourcing background screening can be done very quickly and effectively. In a short period of time, a qualified preemployment screening firm can set up the entire program and provide all the necessary forms. Many firms have secured Internet-based systems that speed up the flow of information and allow an employer to track the progress of each applicant in real time.

How do you select a service provider?
First and foremost, an employer should look for a professional partner, not just an information vendor who is selling data at the lowest price. An employer should apply the same criteria that it would use in selecting any other provider of critical professional services. For example, if an employer were choosing a law firm for legal representation, it would not select the cheapest—it would clearly want to know the selected firm is competent, experienced and knowledgeable, as well as reputable and reasonably priced. The same criteria should also apply to critical HR services. A screening firm should have an understanding of the legal implications of background checks, particularly the federal FCRA and applicable state laws. An employer should only utilize firms that have committed to professional standards, as evidenced by membership in the professional organization for background screening firms, the National Association of Professional Background Screeners (www.NAPBS.com).

Both employers and applicants need to accept that pre-employment screening is an absolute necessity in today’s business world. Pre-employment screening is a key element in any program designed to prevent workplace violence.

Lester S. Rosen is an attorney at law and president of Employment Screening Resources, a national background screening company (www.ESRcheck.com). He is a consultant, writer and frequent presenter on safe hiring, pre-employment screening and legal compliance. He is also an experienced criminal attorney and has and testified in court as an expert in safe hiring. He is the author of The Safe Hiring Manual–the Complete Guide to keeping Criminals, Terrorist and Imposters out of Your Workplace (512 pages/Facts on Demand Press).

Comments

[Tom Lawson]

Great job Les!

[Tom Lawson]

Great job Les!