We would like to emphasize the importance of organizations continuing to monitor dangerous behavior after people are in your organization. This monitoring can take the form of criminal conviction searches and motor vehicle record reports, if your employee is operating motor vehicles while in your organization.
Recently CNN found dozens of theme park employees — 35 from Disney, 5 from Universal Studios and 2 from SeaWorld — arrested since 2006 on sex-related charges.
It is not our intention to criticize these theme parks. The CNN report emphasizes that the number of employees arrested were .001% of the 300,000 employees in the workforce during the time period of the investigation. And, CNN also reports that these theme parks dedicate much time and resources to attempting to keep these types of people out of their organization.
Rather, it is our intention to highlight the fact that people can continue to be a threat to your clients, third parties and your reputation after they have passed whatever pre-hire screening. And, it is your organization’s responsibility to have procedures in place to uncover unwanted or potentially dangerous behavior.
In addition to the situation sited above, recently Pizza Hut had to pay $10.8 million dollars to a family who was injured in a car accident by a Pizza Hut driver. The jury found that Pizza Hut should have known the driver was not capable of operating a motor vehicle.
Even if your associate is arrested for dangerous behavior, don’t avoid using that information. Employers should NOT cower from using arrest records to investigate potentially dangerous behavior. The EEOC, in its guidance on use of arrest records, states that an arrest record may be used as evidence of conduct upon which an employer makes an employment decision. An employer may deny employment opportunities to persons based on any prior conduct which indicates that they would be unfit for the position in question, whether that conduct is evidenced by an arrest, conviction or other information provided to the employer. It is the conduct, not the arrest or conviction per se, which the employer may consider in relation to the position sought.
