| | SEPTEMBER 2024MANAGEHRMAGAZINE.COM9To combat potential discriminatory practices, several companies have moved to what is commonly referred to as "banning the box' in which background checks are not run until after a selection decision is madeimpact against African Americans and negatively impacting the community that they vowed to serve. To combat potential discriminatory practices, several companies have moved to what is commonly referred to as "banning the box' in which background checks are not run until after a selection decision is made. This allows for decision makers to solely consider the applicant's qualifications without the influential knowledge of any potential background check flags, which may or may not even be job-related. It was personally an interesting experience witnessing the internal conflict of managers who were huge fans of candidates and could not wait to have them on their team. Moments later, they struggle with their emotions after discovering that the candidate had a criminal background. These conversations and decisions can be difficult, especially if the criminal record is a sensitive one. It can be difficult to maintain an objective point of view, separating your personal opinion from a business decision, and ultimately, that is the right thing to do. Adding another layer of complication, employers are often concerned about how they will manage backlash when other employees become aware of another employee's criminal background that they may personally have concerns with.After speaking with candidates, I've learned over the years that what is in black and white on the pre-employment screening does not give you the whole story. A personal story: my husband once hired an employee who was clearly highly intelligent, talented, with excellent credentials, and was also a registered sex offender. He was very forthcoming during the interview and explained the situation, noting that he had been turned down for numerous jobs. He had been involved in a romantic relationship with a teenage classmate whose parents did not approve of their relationship, mainly because they were of different races ­ he was African American, and she was Caucasian. Those two teenagers soon after got married and had three children, but that fact could not change his sex offender status. This candidate went on to be very successful, leading a large department as a vice president at a national company. The couple appreciated my husband so much that they named one of their children after him, which is one of the greatest compliments you can give. I didn't even do that, and I'm married to him!So how can companies avoid discrimination, protect their employees, and support their communities by employing the full diversity of their population? · Implement a centralized background check review process in which the decision-makers know the applicable laws and the company's policies and practices. The great thing about centralized reviewers is they become familiar with criminal background check language and can efficiently make decisions that align with the company's values.· Ban the box to allow a fair and consistent practice of selecting candidates before garnering any information regarding a criminal background. · Have strong onboarding tools in place so there is clarity for all employees on what your policies and expectations are. · Partner with Second Chance programs in local communities that specifically work with those impacted by incarceration and offer programs, training, etc., to support those individuals.· Educate your teams on the company's policies and stance. Put it out there and remove the shame.
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