Learning... it's not just for breakfast, anymore!
Under the category of “you can’t make this stuff up”, a story from the trenches. For those that do background checks, you know that you must follow the adverse action process as defined by the FCRA. One of our clients does just that (full disclosure, we make them follow the law). But, once again, the old adage of “you can’t fix stupid” rears its ugly head.
The HR person ordered the background check on a person that was applying to one of their stores. The background check came back with a violent criminal conviction, and the guy served time… recently. The HR person did what she was supposed to do in that she called the store manager and told her there was adverse information on the report. Here’s where it gets fun. The store manager didn’t know what the word “adverse” meant. So, she hired the violent offender. The HR person finds out about a week later and now has to fire the person because of their record.
Extra paperwork was now done because a store manager didn’t know what a word meant. Wow. In case you’re wondering, your policy cannot have a blanket statement something like “we won’t hire anyone with a record of any kind”, because you have to show a substantial relationship between the job and the crime. With three exceptions. Violent crimes, drug dealing, and dishonesty. If a person is CONVICTED of any of those things, it is always considered as substantially related. OSHA states that you must provide a safe environment for your employees, your customers, and the general public. If you knowingly hire a violent offender, and they do something bad, you are responsible and will be sued. In this case, HR took the proper steps, but all because of a manager that forgot to pay attention in school. How that person got hired is probably an interesting story.
If you conduct background checks, and want to use the substantial relationship checklist our clients use, drop me an email ([email protected]), or a message here on LinkedIn. I’ll send it to you to help keep you in the clear. Oh, and please get your employees to learn new words.