| | SEPTEMBER 2024MANAGEHRMAGAZINE.COM8In MyOpinionPRE-EMPLOYMENT SCREENING - THE INTERSECTION OF COMPLIANCE, SAFETY AND DIVERSITYBy Bridget Hawkins, Director of HR Compliance and Employee Relations, Hood ContainerWhat happens when employers make commitments to maintain a safe work environment and hire people from the communities in which they operate businesses, which likely include members with criminal backgrounds? Over 6.5 million adults have an immediate family member in jail or prison, but it is one of those silent facts that people do not talk about. It can be a tricky space to navigate, but it is possible to remain compliant with the law and uphold the desire to hire individuals with diverse backgrounds within the community. There are over 2 million Americans imprisoned at any given moment for various severity levels of crimes. Many of these individuals have employment history before, during, and after imprisonment, often possessing employer-sought-after skills or the potential to fill a much-needed talent gap due to multiple years of grueling high turnover in several industries. Employers must put measures in place to keep their employees safe. One of the tools most employers utilize to make that happen is pre-employment screenings that include a criminal background check. Luckily, excellent businesses can efficiently provide that data for employers, including criminal background, education, etc. But what happens next? Employers are then left to make a critical decision when there are red flags in those background check results. The EEOC clearly states that employers should not have a policy or practice that excludes people with criminal records that disadvantage certain races or other characteristics prohibited by law. These types of decisions cause a disparate impact and are not job-related and consistent with business necessity, which is illegal. It should be no secret by now that African Americans are hugely disproportionately incarcerated at higher rates than other races. When employers choose to have blanket policies or inflexible practices that prohibit employment for criminal background checks, they automatically set themselves up for creating disparate Bridget Hawkins
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