In celebration of the much awaited movie, titled “The Force Awakens,” we have decided to release a special Star Wars themed blog on hiring practices. If you have been awake during the past twelve months, chances are you’re heard about the new Star Wars movie coming out on December 18, 2015. This will be great news for loyal fans, and perhaps useless chatter for anyone who has avoided the movie series.
Among all the excitement of a new Star Wars film there is still some serious year-end work to be done, and for many employers – that means more hiring. But fear not, young Padawans (this means young learner in Star Wars language) here are some tips for businesses and hiring managers out there looking to avoid falling to the Dark Side of Hiring.
#1 – Avoid Blanket Exclusions:
“Only a Sith deals in absolutes.”- Obi-Wan Kenobi said to Anakin Skywalker just before their duel on Mustafar in Star Wars Episode III.
Blanket exclusions are any type of practice or policy that blindly excludes a large group of people from gaining entry to a job. One such practice that has been under a lot of scrutiny lately is the question on applications asking if the applicant has ever been convicted of a criminal offense (aka Ban-the-Box). This question often prompts many employers to simply discard the resumes of anyone who answered “yes” to that question, which disproportionally impacts minorities.
Rather than dealing in absolutes and rejecting an applicant because they have a record, it’s suggested that employers ask this question later in the interview process and take a more understanding and proactive approach to the situation. Considering the nature of the offense, the time that has passed since the offense, and the nature of the job sought can help you make a better hiring judgment than using an absolute blanket exclusion policy.
#2 – Avoid Common Errors:
“Always remember, your focus determines your reality.” – Qui-Gon Jinn said to young Anakin Skywalker in Star Wars Episode I.
As hiring laws expand, it can become more difficult to follow all the rules and regulations, making it easy to lose your focus and overlook a part of the process. Fair Credit Reporting Act (FCRA) infractions in particular have become more common, with over $15 million spent last year by large companies alone due to FCRA lawsuits. Paying acute attention to the forms and handling the hiring process correctly isn’t just to provide a fair chance to the applicants, but also to protect employers from litigation. The easiest way to make sure you stay compliant and avoid lawsuits is to:
- Always use a separate and clear applicant consent for when conducting employment background checks. If you are using a third party vendor, you must use the applicant consent form provided by your vendor;
- Before taking adverse action, always conduct an individualized assessment with the subject to determine if the information in the background check report is accurate and whether there are any mitigating circumstances that should be considered, and;
- Prepare and send a pre-adverse action letter, accompanied by the background check report and summary of rights under the FCRA. After 7 days, send an adverse action letter to the subject.
These steps will ensure that you stay focused on making your success a reality.
#3 – Never Use the Quick and Easy Options
“…if you choose the quick and easy path as Vader did — you will become an agent of evil.” – Yoda said to Luke Skywalker on Dagobah in Star Wars Episode V.
When performing background checks on candidates it can be tempting to use the fastest and cheapest method available to expedite hiring and lower costs. In the case of background screening, that method often means the use of an online database system that automatically scrapes up information on individuals from the public record. But as Yoda warned us in The Empire Strikes Back, there are consequences to taking the quick and easy path. Without an investigator making sure the information is accurate and pertains to the appropriate individual, there is a much higher likelihood of an error that can damage a person’s reputation and ruin their shot at getting the job.
#4 – State the True Reason for Job Lost, When Using Background Check Reports
“Joined the Dark Side Dooku has. Lies, deceit, creating mistrust are his ways now.” – Yoda said to Obi-Wan Kenobi in Star Wars Episode II.
When all is said and done, not everyone who applies for a job at your company can be hired. Some, if not most, applicants will be on the unfortunate receiving end of a rejection letter. However, after conducting a background check, it is important that your reasons for the rejection be honest. The FCRA and EEOC states that prior to taking an adverse action that you must give the candidate the following:
- An opportunity to explain whether the background check report is accurate (aka, individualized assessment);
- A pre-adverse action letter, accompanied by the background check report and summary of rights under the FCRA. This notice provides the applicant time to dispute the accuracy or completeness of any information supplied by the background screening vendor, and;
- Following 7 days, an adverse action letter.
Letting applicants know the specific reason why they were denied employment rather than providing them a generic answer enables them to dispute inaccuracies in their background screening report, or focus on improving their resumes in useful ways. Additionally, lies, deceit, and mistrust in general are good ways to find your company in a lawsuit.
We hope you enjoy your Holiday season and the remainder of 2015. And from everyone here at First Contact HR, May the Force be with you.
