Retail Security background checks

[Curtis Baillie]

Retail Security background checks

by Paul Rothman
EEOC limits criminal-background checks on retail job applicants

Following up on STE’s cover section coverage of retail security, here is some more news for employers in this sector: The federal government has updated the law regarding how certain employers can use criminal background checks in hiring practices.

The Equal Employment Opportunity Commission (EEOC) has updated Title VII of the Civil Rights Act of 1964, which focuses on employment discrimination based on race and national origin. In the update, the EEOC states that: “An employer’s use of an individual’s criminal history in making employment decisions may, in some instances, violate the prohibition against employment discrimination under Title VII.”

Read Paul's blog article....

[scuba42]

This is why it is so important to document with your HR department every background check so the EEOC can see you are not picking and choosing especially based of a protected status. Thief's should not work in an area where they can steal again... which as we all know could be almost job. So in order to allow people to come back into the work force there needs to be a time limit. However if they fail to tell you about the past conviction and it is required on the application then they are liars as well. Falsification of an application is grounds for you to not hire as long as you do it across the board and don't go against the EEOC's guidelines.

Violent felons especially need to be divulged as we need the chance to curb any possibility for work place violence.

My 2 cents but ultimately the company has to choose if it's worth the risk of getting sued asking about background and of course as professionals we will comply even if it's agents our best judgment. I personally hate not knowing.

[Curtis Baillie]

One of the issues gaining popularity across the nation is, "ban the box." This were the employer is not allowed to ask about prior convictions or even put the question on the job application. I know of one retailer who is moving out of the Philadelphia market area. It's been reported that 1 in 5 adults in Philly have a criminal conviction.

[Roscoe]

I conduct criminal background checks (Superior Court Level) on every new hire in our three stores. We fall under the ABC (Alcohol Beverage Control) in New Jersey. Their handbook clearly states we cannot hire anyone who has been convicted of a crime. In addition, we have to maintain an ABC log of all current and past employees. It is an ABC form and clearly asks the question 'Have you ever been convicted of a crime.'

For managers we go a bit further and may run credit reports and driver history.

Roscoe

[Curtis Baillie]

I conduct criminal background checks (Superior Court Level) on every new hire in our three stores. We fall under the ABC (Alcohol Beverage Control) in New Jersey. Their handbook clearly states we cannot hire anyone who has been convicted of a crime. In addition, we have to maintain an ABC log of all current and past employees. It is an ABC form and clearly asks the question 'Have you ever been convicted of a crime.'

For managers we go a bit further and may run credit reports and driver history.

Roscoe

I know the agency you work for and they would be exempt from any ban-the-box legislation, just as a police department or other govt. agency would be.

[scuba42]

It is our policy to never do a background until the job offer has been made. The managers send them to me after they have offered them a job contingent on them passing and I do the UA and the background... I have no connection to the actual hiring and believe me if they asked me many would never make it to my office.

I say apply the dress code and hair cut rule. If you can’t show up at an interview with your best cloths on and groomed don’t bother. May actually be a better indicator of a good prospective employee.

[Pop pop]

It is our policy to never do a background until the job offer has been made. The managers send them to me after they have offered them a job contingent on them passing and I do the UA and the background... I have no connection to the actual hiring and believe me if they asked me many would never make it to my office.

I say apply the dress code and hair cut rule. If you can’t show up at an interview with your best cloths on and groomed don’t bother. May actually be a better indicator of a good prospective employee.

I couldn't agree with you more, when applying for "any" Govt position that requires a "Secret Clearance" and the (on boarding) processing of the 86 National Security clearance AND a Background check, there's knuckle heads out there who actually believe they should be consider for any position as convicted felons of a serious nature, even when the qualifications for the said position clearly states, "No convicted felons". lol. Loss Prevention / Security departments has a right to hire the best qualified candidates because of the nature of the position, it comes with great responsibility.

Also- after you completed the twelve step hiring process, you are told, the day you report for your (EOD) entry on duty station orientation, you "must report in a black suit, black shoes, black socks, white button down dress shirt.
Clean shaved, hair cut and dress for success.