What Do I Do if I Find Something in a Criminal Background Check?

A Kantola Learning Minute

An HR Manager asked, "If I do a criminal background check and find something, what do I do now?" While the law is pretty clear, Lester S. Rosen, founder of Employment Screening Resources®, provides a clear, rational process for assessing the risk and keep you out of trouble.

Hi les Rosen here with another kantola learning a minute with a great question and here's a question: If I do a criminal background check and I find something, what do I do?

Well the first thing to do is not to do anything automatically the law is pretty clear that if you automatically eliminate someone from position just because of the criminal record, that can be discriminatory that can have a disparate impact, instead you're looking to see whether or not that criminal record is rationally related to the job or is there a business assessing not to hire, because of a risk and basically what you want to do is think in terms of doing an individualized assessment of that person not just reacting to the criminal record but taking into account things such as the nature, and gravity to the crime the nature of the job does the crime relate to the job and how old is the crime.

So the walkaway point is the automatic use of criminal records can be discriminatory and illegal, unless you can show some rational basis why you need to take that criminal record into account

Thank you
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