Employment screening provides many benefits to both employers and employees. Thorough employment screening can reduce turnover and help create a safer workplace.

Why Conduct Employment Screening?

Almost daily we hear reports on the television and newspapers about incidents of workplace violence and crime. A few years ago crime and human resources seemed worlds apart. Today, human resource departments are called upon to protect business and employees from the violence that permeates our society.

Today in the United States, courts have held employers responsible for the negligent behavior of its employees. Negligent hiring and negligent retention are legal theories that say an employer can be held liable if it fails to take "reasonable" precautions to ensure employees won't harm a co-worker or the public. Negligent hiring cases confirm that an employer is obligated to its current employees and the public to investigate a new employee's background.

According to OSHA, it has the authority to regulate workplace violence under the general duty clause of the Occupational Safety and Health Act. It requires an employer to do everything that is reasonably necessary to protect the life, safety and health of employees. The "General Duty Clause" requires that each employer shall furnish its employees a workplace that is free from recognized hazards that are causing, or are likely to cause death or serious physical harm to its employees.

It is every employer's legal responsibility to provide a safe work environment. Negligent hiring legislation imposes employer liability for the actions of its employees. The costs of workplace violence due to a poor hiring decision results not only in injury or loss of life, but also costs the company in reputation, employee morale and loss of productivity.

As the problems of society increasingly affect the workplace, employers are frequently turned to outside investigation firms for assistance. In workplace violence, the profile of the employee who threatens others is now more clearly understood. Employers must be able to identify these employees quickly; enabling them to rectify a problem before it arises. In today's business world, background verifications can provide a crucial, even life savings information edge.

Although courts impose a duty upon employers to background their employees, the law also restricts the information available to the employers. The Fair Credit Reporting Act allows employers to obtain information, but places the following restrictions:

• Seven (7) year restriction of dismissed, arrest and not guilty records.
• Signed authorization.
• Authorization for a credit report is valid for only six (6) months and a one time use only.
• Arrest and dismissed records can not be held against an individual.

Download the Employer's Responsibilities document by clicking the link listed below. The document requires Adobe Acrobat Reader, which may be downloaded by clicking here.

Employer's Responsibilities Under FCRA

Additional information regarding employment screening

State Laws regarding public records

Opinion from FTC regarding use of databases in employment or tenant screening