Workplace Violence

By: Kyle Shaughnessy

Workplace violence is a serious and growing concern for today’s employers. While violence committed by one employee against another makes up a very small percentage of the total number of violent incidents in the workplace, employers can substantially limit the potential for workplace violence by performing thorough background checks. There is no perfect system to eliminate the chances of such violence occurring, but there are some strategies one can use during background checks that can help employers spot potential risks during the hiring process and avoid putting themselves and their employees in danger.

A background check is a common part of the hiring process and can often be successfully used to research an applicant’s criminal history and to verify an applicant’s education and employment history. While the background check does a good job of confirming the information provided by an applicant, there are holes in a typical background check that can be filled in by taking extra steps to gather information about the applicant that may not show up during a typical background check. By performing a local or regional search based off of an applicant’s education and employment history to find out if someone has a criminal record, is a registered sex offender, or has shown other undesirable conduct in the past, one runs the risk of missing information in locations that may not necessarily show up on an applicant’s history, or in a location the applicant purposefully omitted from his or her resume in an attempt to hide information from potential employers. A national search casts a wider net and may turn up information that would be overlooked or completely missed by a local or regional search, giving your company the best chance to gather all the information you want to have before hiring an applicant.

Since it is possible that an applicant may have shown dangerous behavior in the past without being charged with a crime (information that would not show up on a background check at all), past employers may be able to provide more concrete information related to an applicant’s behavior, personality issues, or performance in the workplace. Checking an applicant’s references may give employers additional information on how applicants relate to coworkers and handle conflicts, which can indicate the potential for violence or unacceptable workplace behavior. This may not be as reliable a source as a background check, as some employers may be unwilling to give more than just basic information confirming an applicant’s dates of employment and job title, while others may give more feedback about job performance and character. A release signed by the applicant giving a former employer permission to give this extra information, while not necessarily something that can be required, may be helpful in gathering this extra information to determine the risks associated with a particular applicant.

Obtaining information from background checks or consumer reports must be done in accordance with the Fair Credit Reporting Act (FCRA). Before obtaining a report on a potential or current employee, an employer must notify the subject of the enquiry in writing that a credit report/background check may be sought for employment purposes, the person must consent to this in writing before the report is ordered, and he or she must be notified of his or her rights under the FCRA. If the information received by the report is cause to not hire the applicant, the employer must inform the applicant that the findings of the report are the basis for this decision and give him or her a copy of the report and the document “A Summary of Your Rights Under the Fair Credit Reporting Act.” After deciding not to hire the person, the person must be notified that this decision has been reached, supplied with the information of the agency that performed the report, and informed of his or her right to dispute or clarify the information in the report that led to the decision not to hire. Compliance with the FCRA is crucial to the background check process and gives the employer the opportunity to gather information without fear of legal reprisal, while also giving applicants a fair chance to address any questions, problems, or concerns that the employer may have related to information discovered in a background check.

The entire text of the Fair Credit Reporting Act can be found here:
http://www.ftc.gov/os/statutes/031224fcra.pdf

Again, even the most thorough background check cannot completely eliminate the possibility of workplace violence. There is always the chance that an employee may have a one-time incident without having shown any warning signs of dangerous behavior, and he or she may never act out in a violent manner again. It is important to avoid negligent hiring, however, and a thorough review of an employee’s background and employment history increases the chances that you may be able to avoid violent incidents and possibly save lives by simply gathering as much information as possible during the hiring process. Be sure your HR department is familiar with strategies on how to perform background checks and communicate with past employers to gather all the information necessary to give yourself the best shot at hiring the employees who you want to hire, or be sure that the company you hire to perform your background checks performs national searches of criminal databases and sex offender registries. Ultimately, the responsibility is yours to provide a safe work environment, and not being negligent in your hiring procedures is a valuable way to protect yourself, your employees, and your customers from workplace violence.

Works Cited:
http://workplaceviolencenews.com/2010/03/15/employers-advocate-background-checks-balances/