Part Three- Background Checks- Good or Evil?

Good or evil?  That depends on your perspective.  If you a felon who is trying to obtain a job, a pre-employment background check could be problematic.  If you are an employer who has a strategic staffing policy of due diligence by using Assessments, Criminal Background Checks, Thorough Interviewing process, Skills Testing, or any number of other services, then criminal background checks are just one more tool in uncovering the true candidate.

On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC or Commission) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e. The Guidance consolidates and supersedes the Commission’s 1987 and 1990 policy statements on this issue as well as the discussion on this issue in Section VI.B.2 of the Race & Color Discrimination Compliance Manual Chapter. It is designed to be a resource for employers, employment agencies, and unions covered by Title VII; for applicants and employees; and for EEOC enforcement staff.

Does this mean that you cannot run background checks on candidates?  Absolutely not!  “The new guidance clarifies and updates the EEOC’s longstanding policy concerning the use of arrest and conviction records in employment, which will assist job seekers, employees, employers, and many other agency stakeholders,” said EEOC Chair Jacqueline A. Berrien.

Arrest vs. Conviction Records
“The fact of an arrest does not establish that criminal conduct has occurred, and an exclusion based on an arrest, in itself, is not job related and consistent with business necessity,” the EEOC says. “However, an employer may make an employment decision based on the conduct underlying an arrest if the conduct makes the individual unfit for the position in question.”

In contrast, a conviction record will usually serve as sufficient evidence that a person engaged in particular conduct. “In certain circumstances, however, there may be reasons for an employer not to rely on the conviction record alone when making an employment decision,” according to the EEOC.

Employers may be in violation of laws if they treat criminal history information differently for different applicants or employees, based on their race or national origin.

To find out more about criminal background checks, and for the latest updates on the EEOC's recommendations for the use of Criminal Background Checks in pre-employment hiring process, email Tamara@outlawgroup.com.

Part Two- 3 Questions Away from a Perfect New Hire!

Interviewing can be a daunting task especially if you are under strict time constraints.  It’s tempting to just hire the first person who remotely matches the job description or is wearing a suit you like. Bad interviewing can cost your company long-term revenue, though. Knowing the right questions to ask is the key to making a well-informed hiring decision that you can be proud of.  

Can they do the job?  Past performance is the best indication of future performance.  Probe specifically:  What was his or her job?  What was his or her performance?  Under what conditions did he or she perform?

Do they want to do the job?  Look at past success, reasons for desiring success, and his or her drive for success.

Will they fit in?  Probe the reasoning why he or she would like this specific job.  Is there any similarity between this environment and others he or she has been in? 

Use the following questions as a guide for interview preparation:

·      What are you looking for in a job?

·      What is the largest challenge you've ever faced?

·      Why was that so?  How did you overcome it?

·      How would you describe success?

·      How long will it take you to make a contribution here?

·      What do you think will be the most challenging aspect of this job?

·      How will you handle this aspect?

·      What are the reasons for your success?

With a little prep and some targeted interview questions making an informed hiring decision is much easier.  If you also use our pre-employment Job Fit Assessments many of the probing questions are provided and are based on the candidate's deviation from the Top Performers benchmark performers. More detailed information prior to a hiring decision typically means reduced turnover, better job fit, and a more productive work environment for all.