What are the business concerns, legal and ethical issues, and best practices associated with conducting
background checks on current or potential employees (private investigations, credit checks, etc.)? What
would you recommend and why?
Privacy – Recruitment and Selection – Background checks
Introduction
RECRUITMENT AND SELECTION – BACKGROUND CHECKS
Human capital has been considered over time to be the most essential investment for
several companies. Determining the right talent within a job environment and at the right time
remains a challenging task that the HR management teams face in the hiring process (Gibert,
2015). It is essential to determine the fact some individuals within organizations have been
engaged in unethical conducts and criminal activities, a factor that has heightened the rate of
legal scrutiny and the increased realization on the essence of conducting background checks on
the employees of an organization.
The reality stands in the fact that an organization may put its reputation at stake in the
event that it hires an individual whose background is questionable. An organizations brand value
and equity may therefore be impacted if it is identified that they failed in exercising the element
of due diligence before the recruitment of their personnel’s who may have questionable
backgrounds (Gibert, 2015). This therefore depicts the fact that the lack of a background check
or the failure to perform a best practice may be something that may cost and organization since
this may hamper the manner in which it relates and conducts business, cause an adverse effect in
the public image and result in the lack of capacity in retaining better employees.
Legal and Ethical Issues, And Best Practices Associated With Conducting
Background Checks
It is essential to determine that hiring or even retaining employees may always have some
risks associated. This has resulted in many organizations believing that the hiring of new
employees may be of significant benefit or may turn out to be a liability risk to a company. A
poor hiring approach has the capacity to vex employers who are left to clean up the mess that has
resulted in a bad hire and that may consume time and resources as well (Johnson, & Gueutal,
RECRUITMENT AND SELECTION – BACKGROUND CHECKS
2013). This therefore points out to the fact that a proper vetting process of the employee is an
integral element that would save the employers significant losses, time and trouble.
It has therefore been a challenge to many organizations and the HR management teams in
determining the right employees even when they have the opportunity to work within the
organization. This therefore has resulted in the use of background checks that includes searches
in the employee’s criminal records with the aim of scrutinizing workers (Schloss, & Lahr, 2010).
Background checks are therefore considered as easy and cost effective in knowing the nature of
employees, and in heading off the problems they may bring to an organization in advance.
Additionally, background checks on existing employees is also an essential element in ensuring
and evaluating if these employees need to be retained, promoted or reassigned within an
organization. The screening of employees has therefore become an essential factor in the
operations of different organizations.
Legal Issues Associated with Background Checks
Background checks have the capacity to reveal several information that include financial,
criminal, education, driving, employment among other factors. In as much as this may seem to
many people as the invasion of an employee’s privacy, there are laws that have been established
to protect employees from unfair discrimination. This therefore depicts that before employees get
information, both them and the employee subjected to the check should determine the
information that may and may not be utilized in the evaluation of employment (Karlen, 2014).
The adherence to these regulations in this case ensures that a fair and legal process of screening
is put in place. It is of essence to consider that employers who engage in background checks on
their prospective employees need to be aware of the requirements that are established.
RECRUITMENT AND SELECTION – BACKGROUND CHECKS
Ethical Issues Associated with Background Checks
Ethical issues that are associated with the process of a background check also need to be
considered by employers. This may include the fact that running a background check on
employees may also result in negative consequences that may result in an individual being turned
down for a job or even a loan. It is therefore essential that the only individual who is informed of
the results of a background check is the employee (Levashina, & Campion, 2011). In the event
that a background check is conducted by an organization, it is important that the reporting
agency that has conducted the check and provided negative information is included and the
employee is given some time to respond and correct any biased information in the report.
Additionally, it is also imperative that all applicants undergo the same screening approach
without any exceptions and variations. The privacy of the employees should in this case be
considered by the employers during the process with the sensitive information kept away from
the disposal of other employees or to the public.
Recommendation and Reasons
It is essential to mention that there are enhanced approaches that can be employed in
conducting background checks on employees. Through the use of social media, employers are
able to gather personal data of employees that would aid in the retention of the required
information on an applicant. Through social media, the employers are able to gather information
such as the age, marital status, ethnicity, interests, religion, interests, contact information, and
photos of an employee that would aid in the process of a background check (Milito,2012)..
However, it is essential to determine the fact that this approach should also be in compliance
with the law and ethical principles that relate to the background checks. This approach is
RECRUITMENT AND SELECTION – BACKGROUND CHECKS
therefore effective since it is less expensive and would save time thus result in the identification
of individuals within the shortest duration.
Conclusion
Human capital has been considered over time to be the most essential investment for
several companies. Determining the right talent within a job environment and at the right time
remains a challenging task that the HR management teams face in the hiring process (Ordanini,
& Silvestri, 2010). The reality stands in the fact that an organization may put its reputation at
stake in the event that it hires an individual whose background is questionable. Organizations
therefore need to follow in the ethical and legal principles in their approaches of conducting
background checks.
References
RECRUITMENT AND SELECTION – BACKGROUND CHECKS
Gibert, D. (2015). Risk management and recruitment — avoiding Frank Abagnale. Governance
Directions, 67(3), 154-157.
Johnson, R. D., & Gueutal, H. (2013). Research-based Tips for Increasing the Effectiveness of e-
Selection: Part II. Workforce Solutions Review, 4(6), 39-41.
Karlen, J. M. (2014). Privacy: Expectations and Employment. Business Management Dynamics,
3(10), 28-36.
Levashina, J., & Campion, M. (2011). Expected Practices in Background Checking: Review of
the Human Resource Management Literature. Employee Responsibilities & Rights
Journal,
