Background checks can have ethical liabilities associated with them, depending on the protocols and practices employed. Ethics in employment screening is something HR and other hiring professionals must consider during their hiring process.
Benefits of Background Checks
Businesses have an obligation to their employees and customers to ensure, to the best of their ability, a safe and reliable working environment. Of course, the goal is to hire employees who are trustworthy and will not put the safety of others or compromise the organization’s integrity at risk. One of the safety measures often sought and implemented is that of screening potential employees for criminal activity. However, not all screening efforts are made equal. Compliant, ethical screening practices extend far beyond the employer to the screening vendor. If the screening provider neglects ethics or compliance in the process, the employer or candidate can be potentially harmed without even knowing.
Accuracy of database searches
When it comes to providing a criminal background check, there is a significant difference between aggregate database information and direct county criminal records. While the aggregate database gathers criminal data from county sources, this data is commonly outdated or incomplete. Of course, the database information is less costly to procure. Thus arises the unethical practice on the part of some vendors, wherein they posture their data as county criminal (direct-to-source) data while dismissing the integrity the employer seeks by simply searching a database. This seems to be growing more common and causes disruption within the screening industry as some organizations grow accustomed to expecting comprehensive solutions at impossible prices. Furthermore, this unethical practice on the part of some vendors significantly increases the likelihood of missing adverse information in a criminal background check, which puts the employer at risk.
For employers, it’s essential to know what you’re getting from your screening vendors. Here is an example of where employer expectations and provider deliverables don’t align due to ethical ambiguity.
Some employers think that every county a candidate has lived in or worked in within the past 7 years is being deliberately searched (because that’s what they asked for), when in fact, they are only getting a database search with verification of hits within that timeframe. Because of database blind spots, many records are missed this way. However, certain vendors can win bids by deceptively pricing items according to this model and not informing their clients properly. While this model is perfectly acceptable to some organizations, it’s not sufficient when they want a true 7-year county criminal history and is objectively a less comprehensive solution.
Takeaways
Data shows that background checks (including drug testing) have positive effects on workplace safety, turnover, and even company culture. However, an ethical and compliant process will make all the difference. Otherwise, background screening can prove risky, ineffective, and even litigious.
The Fair Credit Reporting Act limits the type of information that can be shared on a background check. Still, employers need to understand the ethics involved in even the information that can be legally disclosed and create policies that benefit their businesses and potential employees.
