After multiple interviews, it’s a pleasure to finally find a qualified candidate with a great personality that will fit perfectly with the job and the work team. Background checks and drug screening are a common part of the hiring process, and most candidates don’t have a problem complying. If a candidate has nothing to hide, that is.
By the time a person reaches the age of 18, he may have made some poor life choices. It’s not unusual to have a speeding ticket or a citation for driving without wearing a seat belt. The National Employment Law Project found that one in four people have a criminal record of some sort. What if they can’t honestly check the “no” box on the application question, “…have you ever been convicted of a felony?” A “yes” answer to that question, and the interview may never happen.
Employees have lives, and they may have secrets as well. A People Management survey revealed 93 percent of survey respondents said sharing they had a conviction was the most difficult information to share with co-workers. This shouldn’t be surprising. Most companies use a previous felony conviction as an immediate refusal to hire.
When recruiting, employers have to be consistent with pre-employment interviews, documentation and testing. A survey reported by the Society for Human Resources Management revealed that 93 percent of employers conduct background checks on some of their employees. Seventy-three percent of employers conduct background checks on all candidates for employment. Just having a background check policy could deter candidates with criminal records from applying for a job at all.
It’s tough enough to find a job, but even tougher if you have a criminal record. There is no legal mandate to refuse to hire a person with a felony. Employers make the choice not to hire in order to show due diligence, avoid a claim of “negligent hiring” and to protect employees from individuals who have a violent past or who could be a possible threat to the workplace. They may refuse to hire an individual in finance or payroll with a conviction for embezzlement or theft. Just like employers use past performance on a resume to predict future performance, employers point to criminal records to predict future behavior on the job.
Fair or not, it’s a practice that helps put employers at ease, but has ruined the chances for a lot of individuals who made some stupid mistakes in the past. If a person has a felony DUI on his record, has gone through a substance abuse program and applies for a job that does not requirie any driving, should he be automatically passed over for a job? Employers stand between a job, career or just the ability to pay the bills and a person who made some mistakes in the past who just wants a second chance.
Employers should be diligent in examining background check results. No process is perfect, and mistakes can be made. Addresses, birth dates, social security numbers, and other personal information can be confused, resulting in erroneous background check reports. Before writing off a promising candidate, talk to the individual to get the other side of the story. You may not hire the person, but at least you’ve made an informed decision.
If one out of four people in the U.S. have a criminal record, what about the other three? The other three may have done the same things, but never got caught. The difference is one has a legal record that will follow him (or her) for the rest of their lives. No employer should hire an individual who is clearly a threat to employees or the business. Employers can strike a balance between caution and acceptance by focusing on a person’s future ability to make a positive contribution.
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