More employees are worried about workplace retaliation due to the COVID-19 and BLM protests across the country. Some are concerned with losing their jobs in their reluctance to return to an unsafe workplace. Others are worried that speaking out about racism could cause discrimination and workplace bullying. Employers are wise to understand how to protect employees and provide resources if workplace retaliation is suspected. 

With heightened awareness of discrimination due to COVID-19 or the Black Lives Matter protests, employers need to know how to protect employees from workplace retaliation.

As the COVID-19 pandemic continues, the world's attention now includes protests in response to the death of George Floyd. Social media and video postings have brought to light individual reactions to the ongoing events and employers have been forced to address issues of discrimination and harassment in the workplace. Another consideration for employers is a potential arrest record when those individuals speak out or stand with protesters.  

Should employers consider arrest records from protests on employment background checks?

In 2018, the Human Rights Campaign reported that nearly 50% of LGBTQ workers remain in the closet at their place of employment. The report revealed that these workers are told to dress more masculine or feminine or have heard others tell offensive jokes about being gay or lesbian.  They're afraid to come out because they don't feel that they would be supported, they would face discrimination and it would ruin relationships with their co-workers. These fears lead to feelings of depression, exhaustion or the inability to focus on their jobs. While there is legislation to protect LGTBQ employees, employers can create a more inclusive workplace through leadership and recruitment. 

Here are best practices and examples of how to support LGBTQ employees in the workplace.

For hiring managers seeking qualified job applicants, it can be especially challenging to consider denying employment when the unemployment rate keeps rising. Still, finding the best candidate, getting them screened, hired and onboard is job #1. Employers must be sure to avoid hiring bias and allow candidates access to the information used in denying employment, especially when hiring as the nation returns to a new normal. 

Employers must continue to abide by the federal agency regulations such as the U.S. Equal Employment Opportunity Commission (EEOC) and the Fair Credit Reporting Act (FCRA) when hiring and denying employment during the COVID-19 pandemic. 

As state economies are reopening as shelter-in-place orders are lifted, employers may have questions related to rehiring and on-boarding employees after a layoff. There are benefits in bringing back employees who were furloughed or laid off.  The employee already knows the business. HR can expect reduced on-boarding and on the job training, and company culture is already established.

Proper procedures, however, should still be followed that are consistent with company policy. 

Here are HR and legal recommended practices for your employees returning to work.

While the COVID-19 pandemic is affecting businesses, some organizations are in need of candidates, from front line workers in fields like the medical industry, retail or those transporting goods across the country. Remote work is also challenging employers to consider applicant qualities that they may not have considered before. 

The COVID-19 pandemic is creating new employment background screening challenges for employers. Here's how to adapt.

Due to social distancing/quarantine requirements across the country, employment or tenant background checks can be affected. Select courthouses in various states have temporarily closed onsite access.  Automated (electronic) access may still be available.

In states where not all courts have closed (only select Counties), VeriFirst clients can talk to us about options to conduct electronic court searches, national database searches, and/or statewide criminal searches.

We urge HR teams to contact us to discuss options for screening applicants and employees during these closures. Options may include modifying current background check packages and/or proactively submitting requests to stay ahead of researcher backlogs. 

The following list  includes current courthouse statuses for reopening and closures that may affect background check turnaround times.

Last month, retailer The Body Shop announced that they would take a different approach to their hiring process. Doing away with the typical application-interview-background-check, the cosmetic company has decided on a simple short interview to determine the employment status of applicants. The intention, much like "ban the box" or other fair chance laws, is to reduce hiring bias and discrimination. The available jobs are then up for grabs to the first applicants who can answer "yes" to the three interview questions. 

While reducing bias is the intention, what are the risks of an "open hiring®" policy?

Human resources professionals face daily pressure to hire the right personnel, quickly and efficiently.  They're also tasked with ensuring the new hires are qualified, meet job requirements, fit the personality profile and are adaptable enough to grow with the organization. After a while, a hiring manager may feel that they can see right through exaggerated resumes or lies during an interview.  A background check will also offer more information to determine a worthy candidate. So, what happens when human resources notices something amiss with their candidate?

When HR notices red flags during the hiring process, what happens next?

Diversion and Inclusion (D & I) have been the topic for HR managers for a few years now.  The truth is, diversity and inclusion is helpful to the business as a whole, not only as a human resources policy. In 2015, the U.S. Census reported that, for the first time in history, a majority of children (50.2%) under age 5 were considered part of an ethnic group or a minority race. The U.S. Bureau of Labor Statistics reported in 2018 that 83.9 % of chief executives were white males.  There simply is no reason not to include diversity and inclusion in your business to better reflect your customers and the changing population of the country.

Here's how HR affects diversity and inclusion in the workplace.