By Steve M. Cohen bio
Despite some debate and even legal questions on method, I consistently recommend that my clients conduct background checks on all employees they intend to hire.
Some of my clients are required by state or federal statutes to conduct background checks. This is especially widespread when employees will provide services to frail or vulnerable populations, such as the elderly or children. I would argue that similar caution applies to legal operations, although the same caveats of legality apply.
Here’s my thinking: I have screened and selected vendors that provide background checks for my clients. I am also aware that the Department of Labor recently took legal action against some employers who declined to hire individuals who failed to pass criminal background checks. The applicants had backgrounds that contained criminal conduct. However, courts later overturned those actions.
I am also aware that the federal and state governments want employers to create an environment that is fundamentally inclusive. They want employers to make room for all individuals, regardless of any need for any accommodation. My position is that employers should create a business environment that is fundamentally exclusive.
An exclusive environment in my definition means that the employer, without discriminating relative to Title 7 of the Civil Rights Act of 1964 or other employment laws and rules, should be able to specify the policies he or she expects employees to follow, the values the employee is expected to hold, and the work ethic the employees are expected to display.
Imagine if the Navy SEALS were inclusive, rather than the exclusive organization they are. What kind of service would they be able to provide? If any owner or manager cannot control the environment that is created by their workforce, what kind of service will they be able to provide?
My recommendation to my clients and my experience of 40 years in HR, management, and organizational design is this: background checks are effective tools that should be deployed. As a business-related psychologist and expert, I know that the best predictor of future behavior is past behavior.
Since most employers are not promoting from within, where they have firsthand knowledge of the individual’s past performance, the background check provides insight into past performance, which then provides insights into that individual’s likely future performance. Since the employer is clearly held accountable for what their employees do or don’t do, having the information from a background check is prudent and even essential.
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