One of the most important things to consider when looking to add someone new to your team is choosing someone you can trust. This is often easier said than done. Resumes and interviews can help you determine who may be a good fit, but there is a lot that these methods alone just can’t cover. A job history overview and a handful of conversations may not be enough to adequately assess potential concerns regarding safety and suitability. Pre-employment testing can fill this gap.
Why Consider Pre-Employment Testing?
Pre-employment tests, also known as background checks, allow employers to screen prospective hires for suitability. These tests can be used to confirm information, reveal potential liabilities, and assess compatibility[1]. Let’s take a closer look at the various benefits to pre-employment testing:
Data Verification
Though it is sad to say, sometimes a candidate is just too good to be true. A 2018 HireRight report showed that the screening process revealed candidate lies/misrepresentations for 85% of surveyed employers[2]. Conducting pre-employment testing for data verification purposes ensures that you are making your hiring decision based on accurate information. This kind of testing can include verifying credentials/certifications, educational background, employment history, and tenure.
Safety
Ensuring the safety of your workers and your organization is critical. Pre-employment testing can help by uncovering potential safety concerns related to prospective hires. Background checks can flag criminal record history and recorded incidences that may impact whether an applicant is appropriate for the role. Failure to adequately vet employees carries multiple risks, including the endangerment of:
| Other employees | Ex: via assault/harassment (including physical, sexual, and/or verbal) |
| Customers/clients | Ex: via assault/harassment (including physical, sexual, and/or verbal) |
| The public | Ex: via reckless driving |
| The business | Ex: via financial loss and/or reputational issues |
It is important for employers to protect themselves from accusations of negligent hiring. Conducting a criminal records check can act as strong evidence of following a due diligence process.
Assess Past Performance
Conducting a reference check is another form of pre-employment testing. Speaking to previous employers and personal references can offer a valuable outside perspective. You can learn more about a candidate’s level of professionalism, productivity, skills, and strengths from people who know them well. This can be much more revealing than the brief conversations you are able to have with a candidate during the recruitment process.
Common Kinds of Pre-Employment Testing
Criminal records check:
- Flags whether an individual has been convicted of any crime(s) for which they were not pardoned
- Conducted at either the Federal/National or Provincial/Territorial level
- Federal checks are done via the Royal Canadian Mounted Police (RCMP)
- Provincial checks are done via local court search
Employment history:
- Verifies length of employment, reason for leaving, and/or salary with a previous employer
- Typically, the prospective employer will contact the previous employer’s human resource or payroll department to receive this information
Education history:
- Validates enrolment, graduation date, course of study, type of diploma/degree, and grade point average (GPA)
- The prospective employer will need to contact the individual’s high school, college, or university
Reference check:
- Provides further insight into a candidate’s experience, working style, and personality
- An employer will ask a candidate for a list of references to reach out to
- Candidates are often expected to provide three or more references
- References can include previous managers, co-workers, educational instructors (i.e. professors), or personal references such as friends/family (though personal references should be used sparingly)
Work authorization:
- Confirms that an individual is legally eligible to work in Canada
- Prospective employees will have to provide their Social Insurance Number (SIN)
- Employees may also need to provide proof of citizenship status or a work/study visa
Driving Record:
- Verifies the type of license an individual has as well as incidences such as convictions, demerits, and suspensions
- Only applicable if driving is part of the position duties
Credit history:
- Reflects a candidate’s background, identity, and reliability
- Less common than other types of pre-employment tests
- Involves reviewing an individual’s credit report and/or credit score[3]
Pre-Employment Testing and The Law
Relevance
Employers should ensure that the pre-employment tests they are conducting are appropriate for the position. Consider the example of requiring a driving record check for a work-from-home position that does not necessitate the use of a vehicle. Not only is this needlessly costly and time-consuming, but it may also violate anti-discrimination laws[4]. Remember, the goal of pre-employment testing is assessing whether a candidate is suitable for a specific role. Therefore, pre-employment tests need be relevant to the position in question.
Informed Consent
Before conducting pre-employment testing, it is up to the employer to ensure that candidates are aware of this part of the hiring process. Employers should be transparent about the fact that a background check is required. This includes informing the candidate of exactly what kind information they will be collecting during the check. Finally, employers also must obtain written consent from the applicant[5].
Privacy
In Canada, the Personal Information Protection and Electronic Documents Act (PIPEDA) protects individuals’ sensitive data. Privacy laws such as PIPEDA vary in their application and applicability, but it is always advisable to consider privacy best practices. These include:
- Providing notice and obtaining consent – As noted above, it is important for employers to explain what information they are collecting and for what purpose. The employee must then give their consent before any pre-employment testing occurs.
- Limiting data collection and use – Information that individuals provide can only be used for the stated purpose. To use that information for other purposes, an employee must provide consent. Individual information also cannot be redistributed without consent.
- Avoiding storing data unnecessarily – Safely dispose of personal information once it is no longer needed.
- Implementing safeguards – Protect information from falling into the hands of those who should not have it. Use physical and/or digital security measures to ensure that only authorized personnel have access.
- Ensuring accuracy – Make sure the information is correct and linked to the correct individual.
- Taking accountability – Understand the responsibilities that come with obtaining personal information. Ensure your workforce takes privacy seriously and is aware of the appropriate procedures.
Human Rights
The sensitive data collected in many types of pre-employment tests can bring up concerns regarding human rights. In Canada, it is illegal to discriminate against somebody based on any of the following:
- Race
- National/ethnic origin
- Colour
- Religion
- Age
- Sex
- Sexual orientation
- Gender identity/expression
- Marital status
- Family status
- Genetic characteristics
- Disability
- Any conviction for an offence for which a pardon has been granted, or for which a record suspension has been ordered[6]
Certain kinds of pre-employment tests will inevitably include some of the above information. This can unfortunately bring up concerns regarding discrimination. It is important to minimize potential issues regarding hiring bias and discrimination (whether actual or alleged). As such, it is best practice to conduct pre-employment tests after making a conditional offer of employment.[7]
Key Takeaways:
- Pre-employment testing can flag potential concerns regarding credibility, safety, and dependability of prospective employees
- There are many kinds of pre-employments tests to choose from dependent on the role and your hiring goals
- Employers are legally responsible for ensuring their pre-employing testing practices are transparent, mutually agreed upon, secure, and nondiscriminatory
[1] Is it legal to conduct background checks on a job applicant? | HRD Canada
[2] Conducting Background Investigations and Reference Checks
[3] What Is a Background Check? | Indeed.com Canada
[4] Criminal Record Check Alberta: Your FAQs Answered | Certn
[5] Is it legal to conduct background checks on a job applicant? | HRD Canada