Could the brutal rape and murder of Imette St. Guillen, the 24-year old graduate student in New York City, have been prevented? Some people think so. And I’m one of them.
The prime suspect, Darryl Littlejohn, who was indicted for the murder, has a long rap sheet, including multiple drug offenses and robberies and had served time in prison. And according to the terms of his parole, wasn’t allowed to work—anywhere—after 9pm.
The alleged killer met his victim in the bar where he worked as a bouncer. In New York, as in other cities and states, it’s the law to do criminal background checks on people who work in certain kinds of jobs and businesses: like bouncers, security guards, airport workers—even Wall Street brokers. The bar owner admitted he didn’t do the required background check prior to hiring Littlejohn.
So what does this grisly big city crime have to do with your business and workplace issues? Nothing. Absolutely nothing. Unless a person like this is working in your distribution center.
Separating the Pros From The Cons
Is employment screening currently part of your hiring process? Are criminal background checks part of company policy? If not, they should be. Regardless of the size of your business.
Over 82% of HR professionals report that their companies do background checks of new hires, up from 66% in 1996 according to The Society for Human Resource Management, Workplace Violence Survey.
Last year, a client experienced a serious theft problem in his warehouse. It took several months for the numbers to reveal the extent of the theft.
In retrospect, the employee who stole from his employer would have flunked background checks in three areas. He was on probation. He owed restitution for the crime he had committed. His bill paying history was bad news because of how much he had to repay. A background check of his criminal history and his credit record may have caused our client to make a different choice (they were giving him a chance). But, the extent of his problems was never revealed.
It's all about reducing risk
Employment screening is your front line of defense. Your first and best opportunity to eliminate candidates who are dangerous, dishonest or have a history of poor work performance. Pre-employment screening is a necessary hiring practice to avoid lawsuits and costly hiring mistakes.
Wouldn’t it be nice to know that the new person you’re hiring is telling the truth? Absolutely. But don’t count on it. It’s estimated that up to 40% of resumes can contain false or tweaked information. It’s up to you and your company to make sure you’re getting in an employee everything that what was represented and promised. You’re not only responsible, you’re liable.
What is background checking?
Gone are the days of relying only on reference calls to screen new hires. With increasing security concerns, corporate scandals, and workplace violence, pre-employment screening is not only on the rise—it’s becoming standard operating policy. And at all levels. For presidents and CEOs, to the people in your creative department, to warehouse workers and call center representatives.
Pre-employment screening is often conducted by or outsourced to third party consumer reporting agencies, as defined by the Fair Credit Reporting Act (FCRA) of the Federal Trade Commission.
You not only can get information on job applicants, but background checks on your current employees, too. You’re able to get: court-by-court searches of criminal records nationwide, with up to date criminal activity, motor vehicle reports, social security traces, employment credit reports, workers’ compensation filings, employment, education, and professional license verifications, and reference interviews. Also provided are drug and alcohol testing, employment physicals and Form I-9 services (Immigration Reform and Control Act).
What does it cost?
In some cases, expect to pay a screening organization a one-time setup or administrative fee of $100 or more for your company, plus the costs of the background searches you want done. The fees are not that much and discounts are usually given for multiple screenings done within a year.
Setting up a screening program policy
The FCRA sets the standards for screening for employment. It defines a background check as a consumer report. Before you can get a consumer report for employment purposes, you must notify the job candidate in writing and get written authorization. This can be included within your company’s employment application form. If you’re simply conducting inquiries—rather than running reports—you should also get consent.
Take the time necessary to educate yourself on the process. Many small business agencies such as SCORE or the Small Business Administration (SBA) can provide counsel. Visit your state and local government’s websites on FCRA and Americans With Disabilities Act (ADA).
Become familiar with all necessary disclosure, adverse action, and other critical forms and letters you’ll need to be FCRA and state-law compliant. A third party, as part of its service, generally takes care of much of this work.
Be safe. Be smart. Don’t wait. Pre-employment background screening should now be standard practice of operating your business.
Les Gore is founder and managing partner of Executive Search International, a Boston-based, nationally recognized search firm and a 23-year vetern of the "recruiting wars."
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