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Recruitment News South Africa

Developing an effective staff screening programmme

In today's competitive economic environment, companies cannot afford to be side-tracked by employee problems such as workplace violence, theft, false CV's, fraud, harassment or falsified injury claims. Employers have increasingly turned to pre-employment screening as a critical risk-management tool to try and avoid hiring problem employees in the first place.

At the same time, companies are also becoming cost conscious as well. Despite the obvious benefits of pre-employment screening, management often expects security and human resource professionals to produce more results with fewer resources. The challenge facing security and human resource professionals is finding ways to implement an effective pre-employment screening programme that is also cost-effective.

Such a programme has four goals.

1. First, the programme must demonstrate that an employer utilizes due diligence in hiring. That means that an employer takes reasonable steps to determine a job applicant is fit for a particular job. This can protect an employer from claims of "negligent hiring."

2. Second, effective screening obtains factual information about a candidate, to supplement the impressions obtained from an interview alone. It is also a valuable tool for judging the accuracy of a candidate's CV.

3. Third, effective screening serves to discourage applicants with something to hide. An applicant with a serious criminal conviction is less likely to apply at a company that announces it does pre-employment background checks.

4. Finally, a background-screening process should encourage applicants to be very honest in their applications and interviews. Since applicants are told there is a background check, they have a motivation to reveal information about themselves they feel may be uncovered with a check.

Many companies view pre-employment screening as a process that starts after an applicant has been selected by a hiring manager or department, and the name is submitted to security or human resources for a background report. Depending upon the employer, it is either outsourced to a background company or investigated internally through corporate security. In a typical screening programme the emphasis is on checking for criminal records, as well as other background searches that are commonly available.

An effective background-screening programme, however, is much more then just checking criminal records after a candidate has been selected. In fact, an effective background screening programme starts even before the first CV is received or the first interview is conducted. It requires a company-wide commitment to a safe hiring by everyone involved with hiring. Recruiters and management must understand safe hiring practices are not something someone else takes care of after they make a hiring decision. It is part of their responsibilities as well.

The following steps can increase the effectiveness of a screening programme. However, they all take place before a hiring decision is made and before a background report is requested. They also take relatively little time and money compared to the benefits a company receives.

These 7 steps rely upon two vital factors. First, they utilise multiple and overlapping tools that approach the task from different directions. There is no one screening tool that all by itself guarantees an effective screening programme. Second, they require the department in charge of background screening to recruit and educate everyone in the hiring process to become involved in safe hiring, starting with the person who places ads in the newspaper.
These seven steps are:
1. Job ad should clearly indicate the company requires background checks. This discourages an applicant with something to hide by clearly stating in the public announcement for a job opening that the company does screening. Employers' find good applicants are not discouraged from applying at companies that do background screening. Employees are just as anxious as employers to work in a safe environment with qualified and honest people.
2. All applicants must sign consent to do background checks, including a specific consent for criminal records at the time they submit an application or CV. This serves two vital functions in the screening process. First, it makes it very clear to a job applicant that criminal records will be searched. An applicant with a criminal record may apply instead with a company that does not perform screening. Second, some individuals may voluntarily disclose a prior difficulty. For some positions, a minor criminal violation honestly disclosed may not necessarily eliminate a person from consideration if the criminal offense is not related to the job.
3. Applicants should be asked directly if they have a criminal record in the interview and employment application. It is crucial that applicants be asked directly during the process if they have a criminal conviction or pending case. Ideally, that language should be in the employment application. During oral interviews, part of the standard questioning should be, "If we were to check with the courts, would we discover any criminal convictions or pending cases?"
In asking about criminal records, employers should keep the following in mind: Always ask the broadest question allowed by the law; employers should carefully phrase the question in order to not elicit any information about arrests not resulting in convictions. Employers are generally limited to convictions or pending cases; in any written application or release asking about criminal convictions or pending cases, the form also should contain the language to ensure compliance with discrimination laws. For example, "This company will not deny employment to any applicant solely because the person has been convicted of a crime. The company, however, may consider the nature, date and circumstances of the offense as well as whether the offense is relevant to the duties of the position applied for."
4. The employment application must clearly state that any false or misleading statements or material omissions is grounds to terminate the application process, or to terminate employment if it has begun, regardless of when the information is discovered. This is another critical part of an effective programme. Employers generally cannot deny employment automatically because of a criminal conviction without taking certain factors into consideration. However, where a person has lied on their application by not admitting a prior criminal conviction in a response to a direct question, the lack of honesty is a valid reason for a rejection. An applicant needs to clearly understand dishonesty can lead to termination no matter when it is discovered.
5. If the background screening may not be completed before the start date for the position, make sure the applicant understands any employment is conditioned upon the employer's receipt of a background report that is satisfactory to the employer. Sometimes employment will begin prior to the background report being completed. In those situations, it is important to notify the applicant, preferably in writing, that employment is subject to the employer's receipt of a background report. It is also important the employer clearly state the background report is subject to the employer's satisfaction only, so a job applicant cannot debate whether a report is satisfactory or not.
6. Check past employment references. Checking references is an essential part of the screening process. In fact, it can be just as valuable as a criminal records search. It would be difficult, if not, impossible, to defend an employer sued for negligent hiring that failed to check a person's past employment history. Even if previous employers limit the information to just start date, end date and job title, it is still invaluable.
7. Include future screenings in the consent form. Every consent form should include communication that the consent for a background screening allows for future background checks for purposes of promotion, reassignment or retention, unless otherwise revoked in writing. This serves two important purposes. First, it reinforces the idea the employer is serious about maintaining a safe workplace. An employee is on notice that they are subject to future investigations. Second, this message facilitates future investigations if necessary for claims of harassment, theft, violence or other difficulties.

In addition to these seven steps, an employer must also perform additional checks to satisfy due diligence. The most important of these is the criminal record check. There are other checks that can be performed as well. However, these preliminary steps that occur before a person is even hired can dramatically increase the effectiveness of a screening programme. These steps also have the advantage of promoting workplace safety with very little additional costs. By enlisting everyone in the hiring process from the beginning, companies can dramatically increase the effectiveness of their screening programmes.

About Kirsten Halcrow

Kirsten Halcrow, director, Employers' Mutual Protection Service. For more information on the Pre-Employment Screening, call Kirsten on (011) 475 1300 or e-mail .
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