WEBVTT

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I know pre-employment screening is
an important part of violence prevention.

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But just how far can I go

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before I cross the line between
adequate screening

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and infringing on a candidate's
privacy rights?

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I guess, are there some
questions I should avoid asking?

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There are a number of areas where
I see managers getting into trouble with

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pre-employment screening.

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The first involves asking
about a criminal record.

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It's easy to ask illegal questions

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or misuse information you
get in background checks.

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For example, in some states,
you can't ask a candidate

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to tell you about a marijuana
conviction that's over two years old.

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It can also be illegal to ask
for information about an arrest

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or detention that didn't
lead to a conviction.

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And it may be illegal to ask whether or
not a candidate has ever been involved...

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...with a pre-trial or
post-trial diversion program -

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like a drug-rehab or community
service program.

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The important thing
to keep in mind here

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is that state law regarding criminal
records varies from state to state -

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so you need to make sure you're
familiar with your state's requirements.

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Another key point is that you should
always obtain written permission

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and authorization for
information to be released

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before you conduct any kind of
check into a candidate's criminal

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or personal background.

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And anything you gather should
be kept in separate confidential files,

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and you should strictly limit
access to that information.

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If your background check
does uncover something,

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don't automatically
reject the candidate

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just because he or she
has a criminal record.

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Automatic rejection based solely on
a criminal record may violate the law;

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particularly if the offense
is unrelated to the job.

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What you can and should do is look
at the nature of the conviction.

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If it directly relates to the job...

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or if the crime was violence related...

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then it would be
reasonable and advisable

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to carefully weigh your
hiring decision.

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Not only is that just common sense.

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It's from a physical
safety standpoint.

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But it's also important
because a company

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can be held liable for hiring
or retaining someone

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where there's a foreseeable risk

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that the employee will harm someone
else in the workplace.

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What does "directly relates
to the job" mean?

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You don't have to hire someone who
has been convicted of embezzlement

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for a job that involves
handling money.

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People who have access
to your customer's belongings,

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such as housekeepers,
personal attendants, and the like,

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should not have records
of theft or burglary.

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Anyone hired in a position working
with vulnerable people –

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children, seniors, people
with disabilities –

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should have no record of abuse.

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And, obviously, someone
with a record of violence

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may not be qualified for any job.

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The second thing about
pre-employment screening

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that can get you into trouble

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involves how you use information
from credit reports.

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For example, some organizations
can use an in-depth report

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called an "investigative
consumer credit report"-

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where investigators
actually talk to people

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the candidate
has done business with -

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to help them build a profile.

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How you gain access to,
and use, that kind of information

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is governed by the Federal
Fair Credit Reporting Act.

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And most of the problems
come from failing

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to let the candidate know
what you're doing.

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You must get prior written
consent from the candidate

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to obtain any kind of a credit report.

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You have to provide
complete information

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about the kinds of things you're
going to be checking into.

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And finally,

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if you use the information

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as part of your reason
for not hiring the candidate...

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...you must let he or she
know the reason for denial

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and the name and address
of the credit reporting agency.

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In addition to background checks,

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there are two other areas
you need to pay attention to

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when it comes to
pre-employment screening -

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checking references
and the interview itself.

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In both cases, you should
explore job-related topics

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that are associated
with workplace violence.

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For example, when you
talk with former employers,

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you should ask questions like...

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Tell me about a time, when you faced
a stressful situation at work.

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How did you handle it?

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Would you describe Angela
as a team player?

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And, during the interview, it's a good
idea to ask job-related questions

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that help identify a candidate's ability
to work effectively with others

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and to deal with stress.

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Tell me about a time when you had
to work with a team to solve a problem.

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Give me an example of a time when
working with financial details

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was difficult for you.

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How did you handle it?

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Describe a mistake that
you made on your last job

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and what you did to correct it.

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All of those are examples of the kinds
of job-related questions

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you can ask to help you
identify potential red flags.

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Used in combination with
appropriate background checks,

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they can help you avoid
hiring the wrong person.