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While the EEOC's position on the use of criminal background
checks adds to the time and cost of implementing a screening
policy, there remain many benefits to screening potential
candidates, including:
Screening required by law. Some jobs, including
those in child care, teaching, health care, law enforcement,
finance and government require the screening of candidates for
criminal records and disqualification of applicants convicted of
certain crimes. Employers in these fields must implement and follow
screening policies and make hiring and termination decisions
accordingly.
Screening to reduce attrition. Criminal
background screening can increase the quality of the applicant pool
of the workforce by reducing employee turnover, increasing
satisfaction and reducing disciplinary issues. Simply put,
recidivism and attrition could be twins.
A safer workplace. Violence in the workplace
has increased dramatically in recent years. Background checks can
help eliminate potential employees with anger management issues
from the applicant pool. Also, theft is always a concern at the
office.
Reduction in the risk of negligent hiring
liability. Under a theory of negligent hiring, employers
can be held responsible for injuries caused by their employees if
the employer failed to exercise reasonable care in hiring the
employee. Obvious examples include failing to screen out a truck
driver with multiple DUIs who then causes an accident; failing to
screen out a convicted child molester from a position at a day care
center; the hiring of a security guard with prior convictions for
assault who then unjustifiably harms a patron; or failure to screen
out a convicted stalker who then harasses a co-worker. The risk of
negligent hiring liability can be substantially reduced through
criminal background screening.
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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