Hiring people with criminal backgrounds

[vickyp]

#102895

Forum: Community

When recruitment teams find a candidate flagged on a criminal background check, how can the OH&S team help fairly navigate their candidate status at this stage?

[vickyp]

#103418

I’m not sure I understand the question. However, I would warn anyone at the company, whether OHS, HR or any other department, that automatically excluding a job candidate or current employee promotion candidate based on having a criminal background can result in liability under human rights laws. You can also get into trouble if you use race, religion, national origin, etc., as a criterion in deciding which candidates to check. Bottom line is that you should adopt a clear policy on criminal background checks. My suggestion:

• Require a clear criminal record check for specific positions upon the start of employment;
• Allow for a conditional term of employment before receipt of the results of a criminal record check; and
• Include a statement that unsatisfactory criminal record check results could result in demotion or termination.

I hope this answers your question. If not, feel free to ask a follow-up. Glenn 

[vickyp]

#103419

Hello, and thank you. We have clear policies that new hires in certain positions will require background checks; however, failed background checks will be reviewed, or the candidate will be removed from the hiring process in certain instances. My concern from an OH&S angle is if we choose to hire someone with a flagged BG check (who does not have a pardon or completed their trial/parole etc.). How could or should we approach a matter that does not implicate the employer in addition to charges etc., if something goes wrong, like resulting in injury or violence towards other workers’ I understand that an employer can only base their decision on what the candidates share; thus, it can’t be validated.

[Author]

Posts