Background Checks: $1.1 Million Verdict For Failing To Confirm Applicant’s Identity; 5 Red Flags That Were Ignored

Manor Park nursing home in Texas hired Clifton Orphy as a janitor. The trouble was Orphy was using a different name and a fictitious date of birth and Social Security number. Consequently, Manor Park discovered that the person it hired had five prior felonies on his record only after he had raped an 84-year-old nursing home resident suffering from Alzheimer’s.

Suit Blames Employer For Rape

The victim’s family sued, contending Manor Park was negligent in its hiring practices, starting with its failure to detect that Orphy applied for a job under a false identity. The nursing home countered that it had followed proper procedures in screening Orphy, but couldn’t guarantee they could always thwart a determined criminal.

A jury disagreed and awarded $1.1 million in damages. Because the jury assigned part of the responsibility for the damages to Orphy, the nursing home will have to pay $550,000 of the award.

400+ pages of state-specific, easy-read reference materials at your fingertips—fully updated! Check out the Guide to Employment Law for California Employers and get up to speed on everything you need to know.

Procedures Followed By Nursing Home

According to Kevin Bartley, an attorney who represented the rape victim’s family, Manor Park’s human resources department ran a criminal background check on Orphy. But because he was using a false Social Security number, Orphy’s criminal record didn’t turn up. Bartley said Manor Park did little or nothing else to check on Orphy’s background. Manor Park’s lawyers didn’t return calls seeking their comment.

Defects In Hiring Process

Bartley argued that Manor Park’s HR department overlooked many critical prehire steps and red flags that should have triggered closer scrutiny of the applicant—including failing to:

1. Carefully check a picture ID and complete INS forms. Bartley said Manor Park didn’t obtain all of the documentation required for the INS I-9 form. Each time company officials asked Orphy for a driver’s license or other picture ID, he said he would bring it later. But he never did.

    

2. Verify the accuracy of Social Security numbers. This was one of Manor Park’s major mistakes. The Social Security Administration operates a free verification service that employers can use to confirm a prospective employee’s Social Security number. You can check up to five numbers by calling (800) 772-6270.

    

3. Ask about every gap in employment history. Breaks in Orphy’s employment history should have raised questions that could have led the nursing home to discover he had served several prison terms.

    

4. Carefully check references. According to Bartley, the HR staff didn’t talk to any of Orphy’s work references. One attempt to contact a former employer resulted in no response. The nursing home also didn’t check Orphy’s personal references.

    

5. Question educational records. Had Manor Park checked, Bartley said it would have found that the college Orphy claimed to have attended had no record of him under the assumed name. Also, although Orphy claimed to be a college graduate, he was applying for a janitorial job, which should have led to inquiries about his educational background.

Extreme Care Required

With unemployment at record lows, many employers feel as though they have to hire anyone who walks through the door. But Manor Park’s troubles illustrate the importance of taking the time and effort to scrupulously check every applicant’s background. Plus, if you hire a vendor to perform background checks, it’s critical to verify the exact steps the firm takes to assure its investigation is complete.