The dilemma comes into play when making employment decisions based upon such information. It's a question managers struggle with daily. Consultation with a company attorney is advised in instances similar to the one described. Another quandary routinely faced by managers is the placement of background screening in the hiring process, specifically the receipt of search results. Emerging trends show employers moving toward post-hire screening altogether.
Statistics show that the two main areas of employer liability are sex and violence.
Juries may be empathetic toward organizations that have experienced loss through theft, but they are outraged in cases in which others have been raped, killed, physically harmed or otherwise damaged. Translated in terms of lawsuit dollars, employers found liable for physical workplace crimes will pay significantly more than those found culpable for the loss of money, products or inanimate items. When screening an applicant for a data entry position, for example, many managers will offer employment based upon a clear criminal record and a pending motor vehicle record search. In contrast, when screening for a truck driving position, the criminal and motor vehicle record search will likely be considered critical, while a credit report may be considered supplementary. It's a balancing act even the most experienced of tightrope walkers are challenged with.