Factual Employment Assessment Part 2

January 31, 2023 0 Comments

A job selection scheme

policy development

A factual employment selection policy; Personality assessment/test; and/or Drug Testing should be developed and integrated into the main policy manual rather than exist as a supplement or policy bulletin. This avoids any “after the fact” ramifications, should the policy be challenged under discriminatory theories.

The policy should have an effective date, and if the corporate philosophy is for “purge” of existing staff, then the implementation of a policy should be evident, along with the rationale for the retroactive purge of staff. This is common practice after a recently resolved internal issue, where a specific number of employees have been fired for one issue or another. No justification is needed when implementing new programs if debugging is in line with the company’s philosophy.

policy guidelines

Consistency is the key when establishing new policies, especially when those policies fall into the gray and changing areas of human rights and the right to privacy. For example, when establishing any selection parameters, there must be absolute consistency within each specific employment class to avoid obvious Title 7 ramifications. Additionally, inconsistent programs will invalidate any baseline, as companies that provide job exams Employment, drug, and psychological screening do not have industry-based uniformity, and new variables may enter the scene that will distort the standard.

Program Effective Date

Establish the date of the management decision to implement the screening programs and the actual date of implementation.

Employee Classification Reference and Class Requirements Overview

These details can be included here, but are best left in general terms to allow for changes at a later date. Each class would have specific testing requirements, which would be determined by management regarding job, applicability, exposure, and other employee interfaces. Examples of general class terms include Fiduciary Employees: Non-exempt (cash managers and janitors with key access): Management/Policy Maker (those who would set policy and those who have signing authority); Management/Middle Level (those who supervise others); and Sales Force – Outside (those who would be field personnel and those who would use company vehicles).


Forms and/or procedures applicable to each specific employment class should be developed to ensure consistency of processing and provide a competent audit trail for future reference.

Referral of the candidate (by name) to companies that perform various levels of selection.

This is very important as the baseline for the evaluation remains with the vendor as there is no industry guideline. It is also essential to combat complaints of age discrimination/policy/detection. If you are curious about changing a provider, you should do so with a policy change memo, rather than a central change, which will survive litigation if the effective change is implemented across the board for hires after the date of the change. change of supplier. Well, solid and factual job evaluation is not the last decision maker that you are.

Political decision

This should remain with corporate senior management, or at the highest divisional levels. It should be included in board meeting minutes and disclosed to publicly traded companies (10K/10Q) as a negligent hiring mitigator. The policy can be used as a positive offset for the ongoing litigation disclosure requirement in the 10K/10Q.

vendor selection

A thorough background check on the company providing the service should include:

* How long have you been in business?

* Type of criminal conviction investigation (hand vs. database), as well as if and
how discoveries are verified with subject identifiers.

* How deep are the research and data capabilities?

* National research capacity

* License designation (PI, reporting agency, credit bureau, etc.).

* For older companies, such as security service companies, how long ago did they “get cool” in job selection?

* Press rating

* Depth of human resources vs. Security experience (both are optimal).

* History of litigation (errors/omissions).

* Depth of professional liability insurance.

* Who runs the division?

* Cost/performance/reporting method: Raw data is instant death; a “compiled report” is best.

* Jurisdictional coverage and investigator consistency: avoid database providers.

* Ancillary services analysis (ie, how can a new private patrol operator or recently retired police officer have thoroughly researched the nuances of job selection laws in all 50 states?)

* How often does the attorney review the program?

Screening Program Review

The program should be reviewed quarterly for compliance, as issues change regularly and an outdated policy can make the entire process suspect, if not litigious. Ensure that an update memo is included in the procedure file for auditing purposes.


The human resources department should establish the program with the help of the supplier. Each organization will develop its own forms and procedures based on its own requirements and objectives. This will detail a variety of personnel protocols, establishing contacts and links between the company and the provider, determining time requirements and basic mechanisms such as fax numbers.

queue maintenance

Consumer Investigation Reports (assessment reports) should never be kept in an employee’s jacket, but should be kept under lock and key with limited access by authorized administrative personnel in a separate filing facility and in alphabetical order. Files must be retained for the statutory seven-year period commensurate with employee file retention.

Background information forms contain confidential subject data, including date of birth and other information, and should not be maintained by the human resources department. The provider must do this as part of their service and, in the event the form is required for court purposes, they must provide it upon request for up to seven years.


Parameters for how to interpret the information should be established at the beginning of the program and done by the staff themselves to ensure consistent application of raters’ theorems for continued candidacy or hiring. This area is open for discussion and of course varies with each setting.

As you can no doubt imagine, to successfully implement any fact-based selection program, you need to start with forms that allow the candidate to provide complete information such as name, address, etc. These forms should be the starting point of any intelligent screening program. Almost everyone has a job application, or some form of authorization/disclaimer used in the initial application process.

Many screening companies are turning to some sort of separate disclosure form for their clients, after running lengthy checks without them. Forms vary in substance and content, and we recommend that you learn as much as possible about the philosophy of the form before using it to avoid problems with an unsophisticated form. The information requested must include the following:

Full name*
Current and previous addresses*
Auxiliary noun forms*
Social Security number*
Date of Birth (Yes, this is absolutely legal if it is used for criminal records identification purposes and the applicant is made aware of this unique use. You should also not keep a copy of this form anywhere in the employee’s file in case the EEOC auditor doesn’t see things the same way you do).
Driver’s license number*
Criminal History Disclosure Section (This varies from state to state and must be constructed in accordance with the guidelines and standards for the disclosure, acquisition, and disclosure of criminal information under applicable state law.) Agreement and Consent to Obtain Consumer Information (Some of the most sophisticated forms in use now have some effective built-in disclosure incentive elements that are the result of investments in research and psychological testing. These are designed to elicit more than just a simple regurgitation of subject identifiers). with this article due to the proprietary nature of the existing good ones. Also, since every business environment is different, it is possible for a “generic” form to be used incorrectly.


At this point, you should have a basic level of familiarity and comfort with the world of factual job selection and its ramifications. The key things to remember are as follows.

* Establish an intelligent and coherent policy of factual employment selection, drug testing and/or personality evaluation.

* Do a thorough job screening job. Rely only on tried and true job screening methods, as modern or new, untested methods can land you in court very quickly.

* Use common sense and trust your intuition. A good, solid factual job review isn’t the final decision maker, you are. The final report should only serve to reinforce your evaluation of the candidate, nothing more.

* Run your screening program with compliance in mind at all times. If you don’t, employment lawyers, EEOC auditors, and others are sure to confront you.

Simply put, job selection is like any other sensible management policy. If you’re careful, smart, thoroughly qualify your vendors, and implement a workable common sense program, you’ll not only get better people in the organization, but you’ll also have fewer opportunities to exercise your workplace violence or contingency plans. initiate fraud investigations.

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