Preemployment Screening and Workplace Violence Prevention

Lessons Learned from Three Preventable Incidents

Each of these companies learned the hard way about the value of preemployment screening. The incidents described above involved employees who most likely would never have been hired if more information about them was gathered during the preemployment process. Problem individuals tend to make trouble wherever they go, so it is important to learn about and understand as much as possible about an applicant before the person is hired. Background checking is one of the preemployment tools available. There are a number of other tools, including the following.

Review the applicant's resume, references, work history, and employment application.

Conduct preemployment interviews.

Conduct a drug test.

Application and Interview Process

The employment application is a source of a great deal of information about a potential employee. A careful review of the application may raise "red flags" that include the following:

An application that is incomplete or has portions that have been deliberately or inadvertently omitted
A carelessly filled out or messy application
An incomplete work history, with time gaps between changes in employment
A work history that doesn't make sense, with too many employment changes and/or a downward progression in employment

The applicant's resume should also be evaluated. It is generally accepted that resumes are written in a way to present the applicant in the most favorable way. The information on a resume is sometimes embellished. However, it is important to distinguish between an exaggeration and outright lies. To accomplish this, the following should be checked and verified.

The applicant's identity
Past employment
Education
Professional certifications and licenses
Driver's license
Publications
Honors and awards
References

The interview process is one of the richest sources of information about the applicant as well as a place in which "red flags" may appear. Things to evaluate during the interview include the following.

The applicant's approach, demeanor, and emotional state
Level of cooperation, openness, and truthfulness
Physical appearance and grooming
Body language and eye contact
Response to questions, including whether the question asked is the question that is answered, and whether too little or too much information is provided
The interviewer's comfort level during interactions with the applicant
The applicant's interest in the job

Drug Testing

One of the great tragedies in American life has been the tremendous increase in the use of illicit drugs over the past 40 years. The advent of the "hippie movement" in the mid-1960s and the glorification of drugs by recording artists and people such as Timothy Leary led to an unprecedented use of drugs that has continued to the present time. This drug use has led to a number of problems that have had an adverse impact in the work place. Among these are illnesses that affect an employee's ability to perform their job, problems with attendance and punctuality, distorted and poor judgment, financial difficulties, and associations with some of the less desirable elements of society.

Drug testing prior to employment can help identify individuals who have the potential to become problem employees. The fact that some companies and organizations include drug testing prior to employment eliminates some potential applicants, who self-select themselves out of the employment process because they are aware that they most likely would not pass the drug test. Other applicants are obviously eliminated when they fail a drug test. While drug testing cannot completely eliminate potential problem employees, it can diminish the problems associates with employee drug use.

Background Checking

The ultimate goal of the employment process is to hire an applicant with the abilities and personal qualities that are needed to do the job they are being considered for and to contribute to the organization in a positive and productive manner. Background checking is one of the most important steps in helping to achieve this goal. The following is some of the information that can and in most cases should be obtained during a background check.

Criminal court records can provide information on convictions for misdemeanors and felonies. Obviously an applicant with a history of criminal prosecutions involving violent behavior increases the risk that the applicant would engage in violent behavior during the course of employment. The risk of violent behavior generally increases with the recency, seriousness, and extent of the past violent behavior.
Civil court records can provide information on the applicant's litigation history, including whether the applicant has ever been involved in lawsuits involving fraud or breach of contract. If the applicant has owned their own business in the past, there could be litigation involving failure to pay unpaid bills or taxes, sexual harassment, false advertising, and unethical business practices. Civil litigation could also involve claims of trespassing, stalking, assault and battery, negligence, and infliction of emotional distress. Divorce proceedings may provide information on verbal and physical threats, bullying and intimidation, child abuse, and the need for restraining orders.
Credit records can be reviewed for financial difficulties, fiscal irresponsibility, long-term problems with creditors, and bankruptcies. This is particularly important for positions such as comptrollers, corporate officers, positions involving a high level of control, and any position in which pharmaceuticals, large amounts of cash, and other valuable assets are involved. The Fair Credit and Reporting Act places a 7-year time limit on most historical credit information and a 10-year limit in bankruptcies. State consumer laws should also be checked for limitations and restrictions.
Driving records are of particular importance for applicants who would be required to drive as part of the job duties. Driving records can provide information as to whether an applicant is irresponsible, unreliable, and/or prone to aggressive and dangerous behavior. Federal and state laws do place limits on the amount of information state motor vehicle departments can release. In most instances it will probably be necessary to obtain the information from the applicant, or obtain the applicant's permission to verify the information that they have provided about their driving record.
Medical records and physical and psychological testing can provide additional information about an applicant. However, the Equal Employment Opportunities Commission (EEOC) and the American with Disabilities Act (ADA) and other laws place significant limitations in these areas.

Obtaining Preemployment Information

In some instances an organization or business may decide to develop and implement the entire preemployment screening process on their own. They would need to have the resources and knowledge base to do so. In many instances, organizations and businesses choose to utilize outside agencies for some or all of the process. The choices for outside screening agencies include the following.

Database companies
Private investigation firms
Security guard companies
Reference checking and screening companies
Background checking companies

Regardless of which method of preemployment screening program is developed, it is important that legal input and review be provided by the company or organization's attorneys before the program is implemented or modified. Knowledge of state and federal laws and regulations, including the Fair Credit and Reporting Act (FCRA), the American with Disabilities Act (ADA), and the rules and regulations of the Federal Trade Commission (FTC) and the Equal Employment Opportunities Commission (EEOC) are essential, and may help prevent mistakes that could lead to litigation and/or significant monetary loss.

A Final Word

Twenty years ago, the workplace was perceived by employees to be considerably safer than it is today. The numerous acts of coworker-to-coworker violence reported in the media on an almost weekly basis have changed that perception. For over a decade now, employers have been developing and implementing workplace violence prevention programs. Many of these programs appear to be working, and in some instances there has been a decline in violence. From 1993 to 2002, the number of workplace homicides has dropped from 1074 to 609. Effective preemployment screening programs have, in part, helped to bring this about. Hopefully they will continue to do so in the future.