The ‘Second-Chance’ Workforce How to Use Background Screening to Hire Ex-Offenders

Should you hire someone who has been

convicted of a crime?

You probably

ALREADY HAVE.

More than 1 in 4Americans has

a criminal record

12 millionhave felony convictions

Should employers do their part to give citizens

A FAIR SECOND CHANCE?

Between

60% and 75%of ex-offenders are still unemployed one year

after release.

Can employers risk hiring these second-chance

workers?

Negligent hiring is a real risk.

Public policy encourages

RE-ENTRY INTO THE WORKFORCE.

Title VIIFair Credit

Reporting Act Ban the Box EEOC Guidance

But what does your

INSURER SAY?

Many operate under the assumption that past behavior is predictive of future behavior.

So what happens to your liability policy if you hire an ex-offender who then inflicts damage on your business, employees, or customers?

TO HIRE OR NOT TO HIRE?

Somewhere between a blanket policyand indiscriminate hiring is a fair and effective process.

BLANKETPOLICY

indiscriminate hiring

6 Key Elements of a Fair and Effective Background Screening Process

Know your rights and compliance obligations as an employer

Make decisions based on job-related factors and business necessity

Be consistent

Avoid blanket policiesBuild individualized assessments into your process

Follow the 2-step adverse action process

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KNOW YOUR RIGHTSas an employer.

Employers have a right to use background screening in making employment decisions and rejecting applicants.

This right has been affirmed many times in law, case law, and

regulation.

Make Decisions Based on Job-Related Factorsand business necessity.

Hiring is inherently risky. And you need to fairly

manage those risks.

To exclude an applicant on the basis of criminal history, you need to prove that the history would:

Negatively impact the person’s ability to perform the job

Present an unacceptable

risk to the business

Be consistent.

The scope and specific items researched in a background check for a role should be consistent for every applicant, and used consistently in decision-making.

Avoid blanket policies.

Both EEOC Guidance and Ban the Box laws in various state and local jurisdictions target the use of simple “check box” criminal background checks.

Build individualized assessmentsinto your process.

If the background check reveals that an applicant has a criminal history, it’s time for an

individualized assessment.

nature of the

specific offense

time elapsed since the offense

what the applicant has done

subsequent to the offense

specific requirements of the job in

question

Look at the Green Factors:

Follow the 2-step adverse action process

Notify the applicant of the company’s decision to be excluded based on the results of the background

check.

Give the applicant an opportunity to respond

with mitigating information before making any adverse

hiring decision.

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It’s your call.Following these guidelines should reduce the

risk of excluding someone with a criminal background.

Or, you may find that the applicant you took a chance on is one of your

best employees.

LEARN MORE.Take advantage of these additional resources to improve your hiring process.

Visit proformascreening.com to download your copies.

Ebook GUIDE INFOGRAPHIC

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Make Better Hiring Decisions

www.proformascreening.com (866) 276-6161Employment Background Checks | Drug Testing | Verifications