Many companies these days opt to either ask prospective employees about their criminal background, or run criminal record checks as a part of the hiring process.
2. Many companies these days opt to either ask
prospective employees about their criminal
background, or run criminal record checks as a
part of the hiring process.
While it’s true business owners need to protect
themselves against risks, this can also be a legal
and ethical minefield, and there are many issues
that should be considered when it comes to this
type of screening. In fact, if you get this wrong,
there is even a chance that you might find yourself
in legal trouble with the government!
Here are some of the most important issues to
consider.
3. If You Want
to Know, Ask
Having a criminal record shouldn’t
necessarily exclude candidates from jobs,
and in certain cases, this might even cross
the line into discrimination. In many cases, it
may not be strictly legal to ask employees
about their history, or you might not be able
to use information received to exclude a
candidate. You can, however, use this as an
opportunity to test the character of your
prospects.
If you ask about criminal issues early on, and
candidates are honest, it may say more about
them than the record itself.
4. Remember,
Relevance
Matters
When it comes to using criminal history
checks in the hiring process, it’s important to
remember that relevance is a factor.
A candidate who has an old DUI, for instance,
may not be unsuitable for a job in many fields
in the US. However, if their job required them
to travel to Canada, where a DUI would bar
them from entry, then this would certainly be
a relevant factor. Similarly, a vandalism
charge from when your candidate was a teen
probably wouldn’t affect their ability to work
in a bank, but a fraud charge certainly would.
5. Put It In Context
Even if you do find out about a criminal
offence in your candidate’s history, it might
help to put it in context. If the offence
occurred many years ago and has not
recurred, then depending on the severity of
the crime, it may not be relevant to the job at
hand. Consider these types of factors when
you interpret the reports you receive.
6. Opt for
Professional
Criminal Record
Checks
Professional criminal record checks will often
turn up a lot more information than you could
on your own, particularly if candidates have
travelled extensively or worked in different
countries. Companies that routinely conduct
these sorts of checks will know what to look
for and where, and will also know which
information you need to receive on your
report, to make the process a little less
confusing and complex.
7. Sometimes, Gut
Feel Matters
It can be frustrating for companies to find that
their favorite candidate has a criminal record.
The kneejerk reaction is sometimes to
immediately take them off the list, but this
isn’t always the best course of action. After
all, having a record doesn’t necessarily make
them less honest or capable than other
candidates, and indeed, the only difference
may be that they were caught, while
someone else wasn’t.
If you truly like a prospective employee and
you find something unfavorable in their
history, best employee screening practices
suggest discussing the issue with them to
find out the context.