Criminal Background Checks in the American Employment Process

Abstract

This article examines the important and controversial topic of criminal background checks in employment. The topic of criminal background checks in employment is indeed an important as well as controversial and difficult one in the world of business today, as this hiring practice addresses core values in society. Yet these values can conflict. One societal value is the belief that if a criminal ex-offender has paid his or her “debt to society’; then opportunities, such as employment, should be made available to such a person, just like everyone else. Business owners and managers today, however, are concerned about having an efficient, effective, and ethical workforce. Thus, they are confronted with this dilemma of conflicting values and duties as well as the responsibility of doing the “right thing” in utilising criminal background checks in the hiring process. This article will first provide certain background information pertinent to the subject of criminal background checks in employment, particularly criminal conviction and incarceration rates for minorities, as well as discuss the prevalence of background checks in employment from an American perspective. The authors also examine the legal and practical implications of background checks; and finally draw conclusions for management from the aforementioned analysis.