I understand that under the Americans with Disabilities Act, we shouldn’t make an offer of employment until we have done all our other evaluative processes. For example, we should say the offer is contingent on passing a physical. But our hiring managers put pressure on us to get the offer out before we get a chance to do our background checks. So how do we handle that? — Sandy in Vallejo
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For help in dealing with pressure from hiring managers, we got tips from Jared Callahan.
This is an important question that most employment managers face. Generally, all interviews and skills tests should precede any type of background check-criminal records, credit check, etc. If during the interview and/or testing it is determined that the person is not fit for the job, it doesn’t make sense to proceed with the background check or physical exam.
Once you know that the individual meets your criteria as a finalist for the position, perform the background checks.
However, keep in mind that you lay the ground-work for background checks during the interview process. Here’s what to do to make this process flow efficiently:
- At some point during the interview, make it clear that a background check will be conduct-ed on all finalists. This will often lead candidates to open up about issues in the past that they’re concerned about and any privacy or other related matters on their minds. It also might encourage applicants with significant problems to withdraw from consideration.
- Along with the signed and completed application, require the candidate to fill out and sign release and disclosure forms that allow you to conduct background checks. Even though every applicant will not make it as a finalist, it is a good idea to get these forms signed up front, instead of rushing at the last minute, as state and federal law require signed consent from the applicant before a background check can commence.
When the background check does not come back as fast as you and the hiring manager want it to, and the applicant would be offered the position if the background check is satisfactory, utilize the “contingent offer.” That is, have the candidate sign a contingent offer that reads something like this: “This offer of employment is contingent on the completion of a background check that is satisfactory to the employer.” If the background comes back unsatisfactory, the employee can then be terminated. You may also use this type of language for the physical exam portion of the hiring process.
To sum up, to ease the pressure from hiring managers, the contingent offer is a useful tool that will keep the hiring process operating as smoothly as possible.
Jared Callahan is director of sales and marketing for Employment Screening Resources in Novato.