The document destruction industry places more significant emphasis on security and integrity than almost any other. Fraud, identity theft and negligence lawsuits are just a few of the consequences of mishandled information. Your employees are entrusted with the confidentiality of your clients’ most sensitive information.
While no one can predict the future with certainty, in the event of an act of negligence on the job, you will be required to demonstrate that you performed reasonable due diligence in hiring that individual. Legal precedent is that if an employer "could have known," they "should have known" about past transgressions that should have disqualified an employee from the job. A reliable and consistently applied employment screening strategy will be a strong defense. What then constitutes a reliable screening strategy?
SCREEN THE SCREENERS
In the screening industry, literally thousands of vendors sell all kinds of products under the name "background check," and contradictory messages abound. How do you determine what messages are valid and what priorities should apply to your business and employees?
The earliest civilizations realized that starting a fire requires heat, fuel and oxygen; the absence of any one of the three means that you needn’t bother, as fire will not result. Similarly, it can be stated that three main elements are necessary for an effective background screening program: quality, low price and fast turnaround time.
While we take the elements of fire for granted in modern society, many organizations embark on an employment screening program with a critical misunderstanding of how the elements of an effective screening program fit together. Let’s look at these elements from a logical perspective.
ECONOMICS 101
We’ll come back to quality in a minute. Price and time are somewhat narrowly defined variables and very simple: They can be low (good) or high (bad). If all else is perceived equal, and you can choose between Vendor A, who is cheaper, and Vendor B, who is faster, some people will choose A, and some people will choose B. If vendor C then introduces a product that is cheaper and faster, everyone will have a strong incentive to choose C. These are generally accepted tenets of a free market economy. The simplicity of price and time in the free market means the third and more complex element, quality, is frequently ignored.
QUALITY – THE X-FACTOR
The most ambiguous and complicated of these elements is quality. One of the biggest misconceptions in the industry, and the equation that far too many vendors perpetuate, is that low price plus fast turnaround time equals quality. Quite the opposite is true. Quality is much more dynamic and, thus, harder to comprehend in a value proposition against price and time. Quality in a background check must be discussed as a combination of, but not limited to, the following brief overview of vital attributes:
• Reliability of Information –
A screening vendor should adhere to industry standard research methods and provide practical oversight to achieve confidence that any criminal conviction reported is valid, compliant and identified with the correct individual. Similarly, a "clean" record must come with reasonable confidence that there are indeed no existing reportable convictions in the areas where the individual in question has resided, worked or attended school.• Customer Service –
A screening vendor should have customer service personnel available to answer questions within a reasonable response time. Customer service representatives should be knowledgeable about the vendor’s practices, products and methods and also should be able to explain the sometimes less-than-clear legal language or credit codes and abbreviations included in consumer reports.• Legal Compliance –
A screening vendor must make every effort to ensure all clients are in compliance with all applicable federal, state and local laws governing access to and reporting of consumer information. The vendor should be sufficiently networked to be cognizant of pending legislation at all levels and have communication procedures in place to notify affected clients of changes that may affect their screening strategy or candidates.• Privacy Protection and Data Security –
A screening vendor must perform due diligence on each new client to mitigate the risk of identity theft and security breaches. Industry-mandated due diligence requires validating the existence and physical address of the client and that reasonable security is present at the facility. Screening vendors must educate clients on the sensitivity of consumer information and the importance of keeping consumer data secure and confidential. Similarly, a screening vendor must have extensive internal technology, procedures and precautions in place to protect the privacy of the individuals on whom it produces consumer reports.If these quality attributes sound important, it should be obvious that quality often is directly correlated with price and turnaround time; that is to say, increasing quality requires commensurate increases in price and time. Once you begin to understand what quality in background screening means, you can then make a more educated decision as to what your organization’s value proposition for a background screening vendor should include.
It is important to note that if you are currently using an instant nationwide database check as the sole criminal history inquiry on your applicants and employees, you are using a product that is cheap and fast. This should raise a flag by now. While these searches can be used as a supplement to criminal research in county courts, they are not necessarily reliable as stand-alone products. (Please see the sidebar on p. 60 for more information on nationwide criminal database searches.)
BEWARE THE PERFECT STORM
We’ve discussed the three elements required for fire and paraphrased them as the three elements necessary to constitute an effective background screening program. Yet, a low price and fast turnaround time are still too compelling to ignore for many organizations, and if this results in a false perception of quality, the screening vendor has little incentive to correct it. Choosing your screening vendor based solely on price and turnaround time creates a risk that is immeasurable, but regularly perceived to be small. To help understand this risk, consider another three elements. All three don’t happen in succession every time, but like the proverbial perfect storm, you probably don’t want to be around when they do:
• Bad apple –
The average job candidate that applies to the average company has not been convicted of a serious or violent crime. Most candidates will probably be considered "good apples" by your organization’s employment standards. However, candidates who walk through your door could have been convicted of one or more serious and/or violent crimes that would disqualify them according to your organization’s employment standards. These are the "bad apples."• Background check of poor quality –
The faster and cheaper the background check the more likely it is that an existing criminal record will be missed. Conversely, you could be sued by a "good apple" candidate for disqualifying her/him from a position based on a bogus or expunged record attributed to that individual by a background check lacking sufficient oversight.• Incident on the job –
This is where the perfect storm occurs. A bad apple with a history of serious or violent convictions applies for a position with your company. Your instant, cheap background check fails to reveal this conviction history, and you hire the bad apple. This employee commits theft or assaults a customer or co-worker. Suffice to say that plaintiff’s attorneys will spend significantly more time and money than you did looking for information that could be considered a predictor of the current incident. The consequences to an employer can be devastating.WHAT CONSTITUTES REASONABLE QUALITY?
Instant nationwide criminal database searches are extremely tempting. "Statewide" and "nationwide" are powerful words and imply something comprehensive. "Low-cost" and "inexpensive" are also words that trigger a Pavlovian response in most of us. Put these words in the same sentence, and you’ve overcome the arguments of all but the most determined skeptics. Industry best practices dictate conducting physical research in each county in which your candidate has lived, worked or gone to school during the past seven to 10 years. There is always a small chance that someone may have committed a crime far from the specific counties in which he or she has lived, worked or studied. A nationwide criminal database can be used to attempt to identify "vacation" criminal records, understanding that if such a record does exist, there is no guarantee it will be found in a nationwide criminal database. Once identified through a database, the record will also need to be validated by the local court jurisdiction to satisfy Fair Credit Reporting Act requirements. The best criminal database search falls short of the accuracy and reliability of conducting primary research in county courthouses. Nationwide criminal databases can be considered a useful supplement to criminal research in county courts by professional researchers, but used as a standalone product cannot be relied upon to identify threats to the safety and security of your customers, employees and corporate assets. – Robert Thomson
Your selected screening vendor should be able to discuss the quality attributes described above in detail. Best practices in employment screening dictate criminal history research in each county jurisdiction and under all alias names revealed by a Social Security number (SSN) trace. It typically takes up to three business days to accomplish this, and the cost will vary depending on how many places the candidate has lived or spent significant time.
Know What You Don't Know
"Nationwide" databases should only be considered as a supplement to county criminal research to attempt to identify "vacation" criminal records. Depending on the position applied for and the level of responsibility or access the individual will have, additional screening services may be relevant.
With virtually any service product, organizations are naturally predisposed to be concerned with price and turnaround time. It is typically only when something bad happens that everyone is suddenly interested in the quality of your background screening program. If your organization believes background screening is worthwhile, do not leave quality out of your value proposition. A cheap, instant background check will provide little shelter in a perfect storm.
The author is communications manager and senior account executive for Cleveland-based Background Information Services Inc., a provider of pre-employment screening services throughout the United States and worldwide. He can be reached at (800) 235-3954, ext. 438, or at rthomson@employeescreen.com.
Explore the April 2007 Issue
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