Screening Guide
"What kind of screening or background checks should be done on this
applicant?" is a question asked thousands of times hourly by literally
thousands of hiring managers throughout North America.
First of all, why do so many managers screen applicants? Two words.
NEGLIGENT HIRING. The foundation for this area of litigation is that the law
holds employers to be liable for certain acts of employees when such acts cause
harm to others; and, if the employer had been more careful in hiring the
employee, then the employee would not have been in the position to commit the
harm.
The importance of conducting a check prior to hiring is best
illustrated by this Oklahoma case. An employee of a pizza parlor raped a
co-worker after he had asked her to stay and help him close the store.
The victim sued the employer, alleging negligent hiring on the
grounds that the perpetrator had been convicted of sexual abuse prior to his
being hired. The victim obtained a verdict of $1.5 million against her
employer, including $750, 000 in punitive damages.
If an employer can show that an employee passed a pre-employment
screening test and background check, then the employer will be able to show
that he/she went through reasonable steps when hiring the employee, e.g. the
employer took reasonable precautions. On the other hand, if an employer
neglects to administer a pre-employment screening test, to verify the
employee's identity (identity fraud is rampant), fails to order criminal
background searches in those areas where the employee has lived and worked as
an adult, overlooks contacting the applicant's former employers, to check
references or the verify necessary licenses or certificates when such an
investigation would have shown that the applicant had a questionable or even
violent, or criminal background, the employer may be found negligent.
Search sets are a list of searches that employers will order on
applicants, volunteers, temporary employees, contractors and vendors in order
to prevent harm to their business, their employees, customers, and members that
is relevant to the work being performed. See Background Checks software.
Pre-Employment Screening Tests are validated assessments that are
predictive of a person's performance, behaviors, attitudes and tendencies
toward theft, drug use, violence, racism, authority figures such as
supervisors, work ethic, and many other factors. (See our
Predictor16 Pre-Employment Assessments free sample offer for
licensed businesses and nonprofits.) |