BEST PRACTICE #2 FOR PROPER USE OF CRIMINAL BACKGROUND CHECKS IN HIRING
Last month we shared with you the first in a 15-part series interpreting a recent paper published by representatives from the National H.I.R.E. Network, the Lawyers’ Committee for Civil Rights Under Law and the National Workrights Institute for staying within the lines of the 2012 EEOC guidance on the use of criminal history checks in the course of background screening
Today we continue our recommendations based on their publication, called Best Practice Standards: The Proper Use of Criminal Records in Hiring, with a look at point #2:
CONSIDER ONLY CONVICTIONS THAT ARE RELEVANT TO THE JOB IN QUESTION
Although it would make sense for any employer to be concerned about a previous conviction or convictions, the test is whether a previous conviction has anything to do with the job for which the candidate is applying.
For example, if a candidate has a previous conviction for theft, it would be perfectly acceptable to take that conviction into consideration if the candidate will be handling the company cash drawer! On the other hand, if the candidate has a previous conviction for, let’s say, public intoxication, the likelihood of that candidate stealing from the prospective employer is no greater than any other candidate doing the same thing. Therefore, the conviction for PI shouldn’t be a factor in making a hiring decision.
The advice we at Barada Associates always offer is to look at each candidate in a holistic way. A criminal court check is just one part of the process. A court check is an important part of the process, but it seldom is the only factor to be taken into consideration.