BLOG

Thousands of people participated in the #MeToo movement. It was an eye-opening experience that demonstrated why background checks are essential.

About #MeToo

The #MeToo concept is credited to Tarana Burke. She came up with the idea to show how prevalent sexual harassment is in America. Burke is said to have initially brought this up in 2006 but it did not take off until 2017. Things got moving when she mentioned it to some of her celebrity friends.

On October 15 2017, actress Alyssa Milano referenced this topic on Twitter. She wrote: “If you’ve been sexually harassed or assaulted write ‘me too’ as a reply to this tweet.” Her message quickly went viral. Thousands of people responded to the Tweet and the hashtag soon appeared on other forms of social media.

The Impact

One purpose of the #MeToo movement was to show that sexual harassment occurs almost everywhere, including the workplace. Years ago, women often felt pressured to accept this or risk losing their careers. Today, however, the problem is being discussed and addressed. Harassment simply cannot continue to be allowable behavior.

According to an article on the FindLaw blog, there are two forms of sexual harassment:

Quid Pro Quo: When a person in a position of authority threatens adverse action or promises preferential treatment in order to gain some form of sexual activity.
Hostile Work Environment: When an authority figure is made aware of sexual harassment in the workplace and does nothing.

The Equal Opportunity Employment Commission (EEOC) states that sexual harassment can include: “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.” It also stipulates that the law does not prohibit “simple teasing, offhand comments, or isolated incidents that are not very serious” but when such behaviors are persistent, they do constitute harassment.

What Employers Should Consider

Every employer should be aware of the possibility of harassment in the workplace and attentive to claims that are brought to them. Employers may wish to document policies that explain how such cases will be handled. Best practice is to have legal counsel review this written documentation before it is made official.

Under most circumstances, instances of sexual harassment on the job are handled by the employer. If a case goes unresolved it can be brought to the EEOC. When this happens, an EEOC Agent will ask to review all documentation regarding the harassment claim. Therefore, employers are also advised to fully document any allegations that are brought to them along with the steps that were taken to investigate and resolve the matter.

How Background Checks Can Help

Running criminal background check on potential and existing employees is an exemplary way for employers to show they are performing due diligence and attempting to create a safe workplace. These reports show employers if an applicant has a reportable conviction that might make them ineligible for hire.

No report can predict an individual’s future behavior, but a background check can show you if the person has been convicted of sexual harassment of if they have other criminal records of which you should be aware.

If you have questions about background checks and how they can help you create a safe work environment, show you are aware and supportive of causes like #MeToo and make educated decisions, please contact us. Our highly trained staff is available Monday – Friday from 5am to 5pm.