By Shane Sawyer
Pinnacle
Minimum checks are not enough to safeguard our organizations or our communities. For many industries such as Healthcare and Education, states are requiring a minimum search through state agencies. Unfortunately, the legislators are misinformed as to the effectiveness of such searches and organizations are falsely given a sense that they and their organizations are safe. Fact is, they are not safe from negligent hiring lawsuits, nor are they protecting the community when relying on these minimal checks.
St. James Middle School in South Carolina is now being sued after a social studies teacher had sex with a 13 year old girl. According to The Myrtle Beach Herald, the school ran a check through the State Law Enforcement Division (SLED) and nothing was found. Later it was realized that the teacher, Norbert Ryan, had committed this offense before in Michigan. SLED, as with most state checks, only turns up convictions reported within that state. The School followed protocols mandated by most states yet lives have been destroyed and though the school cites cost as a factor, they will surely pay much more now than a comprehensive background check would have cost.
States continue to require only state or fingerprint checks in Healthcare even after the Office of Inspector General; U.S. Department of Health and Human Services found 92 percent of nursing facilities across the country employed at least one individual with a criminal record. This finding in spite of the fact states were already requiring background checks through their own agencies. This is perhaps the most conclusive proof we have to show state requirements are not enough to ensure protection against negligent hiring and a thorough criminal history report is the best defense.
While state legislators continue to get it wrong, organizations have a responsibility to conduct due diligence in pre-employment background screening to protect against negligent hiring.
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