Question

If someone has broken the law, does that automatically disqualify them for legitimate employment?

As managers, we may come across this situation in our careers. Someone uniquely qualified applies for a position and seems ideal except they have marked 'Yes' in the box that asks, 'Have you ever been convicted of a felony?'

Are Criminal Background Checks Discriminatory?

Identify one issue in either ethics, corporate social responsibility, or stakeholder management as it relates to the case.

Answer 1

The business is run for the profit but most importantly to create value for direct and indirect stakeholders. The investors, employees, and customers are its direct stakeholders but society is the indirect stakeholder. Many corporations do acknowledge this and assume some social responsibility for creating value in society.
CSR can include providing the right to forget the past by which it can employ people who were criminally charged so as to provide a chance to rehabilitate them. However, this could be a 'Catch 22' situation.

The checking of background for criminal activity is necessary in this case and not at all discriminatory. However, such outcomes needed to be analyzed and used accordingly in the correct decision making. If the criminal record indicates that the person was associated with fraud, theft financial crime then he might do that in the organization also while employed and such person should be rejected. Similarly, if the crime is serious such as murder, an attempt to murder or inflicting serious injury then also such a person is not suitable in organizational set up because he could be a threat to other employees.

However, the criminal charges are for the involvement in political protests then it should be scrutinized carefully. Many students and persons tend to be active in political protests. There were many students and people who participated in rallies against the government opposing the Vietnam war. Similarly, there are many university students currently taking part in anti-government Hong Kong protests. They have been charged with some criminal sections but ethically they are right action against then indicates a political vendetta. Actually, such students have leadership qualities that are good and management tends to favor them. The management also needs to look for the extent of such qualities as whether they are anti-authority or leaning towards recurring disobedience of the authority.