Monday, March 8, 2010

Special Report on Background Checking—Burden of Proof

Workforce Management
February 2010

Employers will soon be asked to provide empirical evidence for screening and hiring practices based on assumptions about workplace criminality—but they’ll be hard-pressed to find it.
By Fay Hansen

EmploymentGroup’s December job postings included a “trial hire” for a small assembly job, paying $9 per hour, the equivalent of $17,550 a year. The Michigan staffing firm listed requirements for the position: a high school education or general equivalency diploma, small assembly experience and “no convictions.”

Virtually all of EmploymentGroup’s client companies have a blanket “no felons” policy.
“It’s about keeping the workplace safe, and about those lawsuits we all read about,” CEO Mark Lancaster says. In Michigan, a state that spends more on corrections than on higher education, smoking pot in a park or bouncing a $500 check can produce a felony conviction.
Like most employers, EmploymentGroup doesn’t have any empirical evidence that the “no convictions” policy helps keep the workplace safe. And screening vendors, who routinely claim that criminal checks reduce workplace violence, theft and fraud, don’t have any meaningful empirical evidence either. In addition, the actual probability of a negligent-hiring lawsuit—a perceived risk that often drives criminal screening practices—remains undocumented.
Employers spend billions on criminal checks and often base hiring decisions on the results without evidence of the return on the investment or the efficacy of the decisions. The absence of empirical evidence will soon become more than a question of effective screening and hiring practices.

Full Story: http://www.workforce.com/archive/feature/27/03/17/

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