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How can staffing services companies ensure a fair interviewing process for candidates with criminal records?

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Hiring candidates with criminal records can be a challenging but rewarding practice for staffing services companies. It can help them diversify their talent pool, fill skill gaps, and demonstrate social responsibility. However, it also requires them to ensure a fair and compliant interviewing process that respects the rights and needs of both the candidates and the clients. In this article, we will discuss some best practices and tips for staffing services companies to conduct interviews with candidates who have criminal records.

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1 Understand the legal framework

One of the first steps for staffing services companies is to familiarize themselves with the legal framework that governs the use of criminal background checks and the protection of candidates with criminal records. Depending on the jurisdiction, there may be different laws and regulations that limit the scope, timing, and relevance of criminal history inquiries and disclosures. For example, some states and cities have adopted "ban the box" policies that prohibit employers from asking about criminal records on job applications or before a conditional offer of employment. Other laws may require employers to consider the nature, severity, and recency of the offense, as well as its relation to the job duties, before making a hiring decision. Staffing services companies should consult with legal experts and follow the applicable rules to avoid discrimination and liability.

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Barb J. Wyskowski, J.D.

Chief Compliance Officer | TABB INC | Background Checks | Student Screening | FCRA | EEOC | Compliance | PBSA Accredited
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The FCRA does not restrict reporting criminal conviction records relating to the date of the offense. Although rare, vendors can develop records that occurred over 30 years ago. The FCRA prohibits reporting arrests that did not result in a conviction if the arrest occurred more than seven years ago. Many states have implemented their own restrictions on reporting criminal records. Agencies should check the reporting limitations in the states where you, or your clients operate. Staffing agencies should discuss reporting convictions, and if there should be a limitation regarding the date of the offense the with your clients EEOC guidance regarding factors employers must utilize to determine the use of a criminal record to deny employment.

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Andrea Febrero

People Consulting en Talentárea / Desarrollo de Talento / Soporte a áreas de Recursos Humanos/ Consultoría de Recursos Humanos / Planes de formación / Plan de Carrera / Análisis retributivos/ Encuestas clima laboral
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In my opinion, reviewing the legal content on this matter for the country of reference is crucial before developing a protocol, consecuently we guarantee compliance with the legislation, so we can then adapt to the company's philosophy and values.

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2 Train the interviewers

Staffing services companies should train their interviewers on how to conduct interviews with candidates who have criminal records. Interviewers should be aware of the legal restrictions and ethical principles that apply to their questions and assessments, as well as how to handle sensitive and difficult topics with respect and empathy. Some best practices for interviewers include avoiding asking about criminal records unless it is relevant and permissible by law, focusing on the candidate's qualifications, skills, and achievements, giving them an opportunity to explain their criminal record and how they have overcome it, evaluating their honesty, remorse, and rehabilitation efforts, and balancing the candidate's potential and risks with the client's needs and expectations.

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Barb J. Wyskowski, J.D.

Chief Compliance Officer | TABB INC | Background Checks | Student Screening | FCRA | EEOC | Compliance | PBSA Accredited
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Is it time for Human Resources to voluntarily “ban- the- box” altogether? Numerous cities, counties and states across the country have enacted legislation “ban- the- box”. TThis term is a misnomer. The box actually isn’t banned in most cases. Instead legislation often requires that the box must be moved to another part of the recruiting and application process and often carries numerous stipulations. Failure to comply with the stringent “ban-the-box” guidelines can be an expensive proposition. How many people are turned away from your employment application process due to the box? Is the box discriminatory in practice even when the employer follows all state and local "ban-the-box" guidelines? It is time for employers to “ban-the-box”?

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3 Communicate with the candidates

A third step for staffing services companies is to communicate with the candidates who have criminal records throughout the hiring process. Candidates should be informed of the company's policy and procedure regarding criminal background checks and how they will affect their eligibility and placement. Candidates should also be encouraged to disclose their criminal record voluntarily and honestly, and to provide any supporting documents or references that can attest to their character and suitability. Staffing services companies should also communicate with the candidates about the results of the background checks and the reasons for any adverse actions. By communicating clearly and respectfully, staffing services companies can build trust and rapport with the candidates and reduce the risk of disputes or complaints.

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Travis Reiter

Owner | Affordable background checks for small biz | Co-Chair Austin Under 40 Awards
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Many people would disagree with the notion that a candidate should volunteer their criminal record. The whole purpose of the ban-the-box movement is to reduce not just conscious discrimination, but also subconscious discrimination. Yes, I believe it’s important to address the criminal history to ensure the role and candidate are a good fit, but I believe the appropriate time to discuss it honestly is after the conditional offer is made, when the background check is run and an individualized assessment is being completed.

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4 Partner with the clients

A final step for staffing services companies is to partner with their clients who are hiring candidates with criminal records. Staffing services companies should educate their clients about the benefits and challenges of hiring candidates with criminal records, and help them understand their legal obligations and responsibilities. Staffing services companies should also work with their clients to define the job requirements and expectations, and to match the candidates with the most suitable positions. Staffing services companies should also provide ongoing support and feedback to both the clients and the candidates, and address any issues or concerns that may arise during the employment relationship.

By following these steps, staffing services companies can ensure a fair and effective interviewing process for candidates with criminal records, and help them find meaningful and rewarding employment opportunities.

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5 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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How can staffing services companies ensure a fair interviewing process for candidates with criminal records?

1

2

3

4

5

1 Understand the legal framework

2 Train the interviewers

3 Communicate with the candidates

4 Partner with the clients

5 Here’s what else to consider

Staffing Services

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How can staffing services companies ensure a fair interviewing process for candidates with criminal records?

1

2

3

4

5

1 Understand the legal framework

2 Train the interviewers

3 Communicate with the candidates

4 Partner with the clients

5 Here’s what else to consider

Staffing Services

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