Apropos of my recent application for federal employment, as well as my debate on the topic with one of our regulars the other night, I find myself thinking a lot about background checks. Such checks are, of course, SOP for all federal jobs nowadays. But they're increasingly a factor in non-federal hiring as well. Indeed, amid the talk of Before and After—that is, before and after 9/11—America's seeming faith in salvation-via-background checks may be the most tangible of the Afters.
In the immediate wake of 9/11, Dean Suposs, a top executive with ADP Screening and Selection Services, the nation's largest pre-employment investigator, described a tremendous growth in demand for his firm's services. The trend continued even after the initial shockwaves from 9/11 had abated: ADP did almost 4.9 million background checks in 2005, a 12 percent increase over the prior year. In a 2004 survey by the Society for Human Resource Manageme
nt, 80 percent of corporate respondents said they now routinely screen all job candidates for criminal histories. Some employers have become pathologically picky not just about whom they hire, but whom they keep. At pharmo-giant Eli Lilly in 2002, this ex post facto screening led to a purge of more than 100 contract workers. Among them was a woman who'd once bounced a $60 check for a refrigerator rental.
On the surface, it's hard to fault any tactic that lowers the odds of, say, an airline filling its baggage-handling vacancies from the ranks of Al Qaeda sleeper cells. And of course, that's how the subject of background checks is invariably framed: striking a blow for peace, justice, and the ongoing right to consume obscene quantities of hot wings and beer. All of which might make perfect sense, if the background-check juggernaut weren't logically suspect, ethically dubious, and as useful for ensuring domestic tranquility as the color-coded threat-level scheme that tells us how paranoid to feel on any given day. Worse, as a cornerstone of today's simplistic backlash against E-ville (as Hedley Lamarr from Blazing Saddles would pronounce it), the nation's unswerving reliance on background checks signals an abandonment of time-honored notions of forgiveness and punitive restraint.
As the breadth of the phenomenon expands, you see, so does its depth. You might not know this, but bankruptcies and even less dire financial problems may render you unsuitable for positions involving money in even the most peripheral sense. (About one-third of all prospective employers now run credit checks on applicants. The more responsible the job, the greater the likelihood of a such a check.) A spotty driving history can preclude employment in any capacity that puts you behind the wheel on company time; some companies even worry about what you do during your commuting time, which of course means they look at the driving records of all prospective employees. HR directors, meanwhile, like to learn what they can about the marital histories and romantic habits of managerial candidates, hoping to avoid messy, Clintonesque scandals.
The inquisition also has spread beyond the 9-to-5 world. Ever-mindful of today's rash of school shootings, and especially on the heels of Virginia Tech, a growing number of colleges deny campus housing to would-be students with any kind of criminal record; click here for a look at the convoluted policy statement of one such college. Mortgage lenders increasingly order more intrusive investigations along with the usual credit profiles. So do many dating services. (Hence, that new ad for Chemistry.com that zeroes in on how selective eHarmony can be in welcoming people into its virtual singles community.)
Still, the closer you look, the less convincing are the stipulated goals and probable efficacy of all this snooping. I ask you: What background check protects society against the individual whose first offense consists of strapping a bomb to himself and walking into an Amtrak terminal? A colleague of mine quips archly that all such screening does is "prevent someone who has carried out a suicide mission from ever doing it again." In any case, the bridge between past crime and present catastrophe seems tenuous at best. I have seen no credible evidence that a convicted shoplifter is more likely than anyone else to fly jets into buildings or smuggle an Uzi into the lunchroom at work. (Would you really feel that skittish about having Winona Ryder on your flight?) In fact, some studies suggest that so-called rage killers—those who stab someone 146 times, or take out a room full of coworkers in a horrific orgy of violence—tend to be individuals who, prior to the apocalyptic event, impressed acquaintances as quiet and nonconfrontational. ("He always seemed like such nice, well-mannered guy...") Psychologists theorize that people in this category repress their anger until it boils to a point that compels them to "act out." So maybe the folks we really need to worry about are the overly agreeable, submissive types.
Moreover, this is a topic that focuses one's thoughts on the very nature of crime and criminality. There are valid questions, I think, about whether what we define as "crime" is always worse than some other behaviors that, while legal, nevertheless constitute grave offenses against the social contract. For purposes of predicting which candidate would make a better employee, is a single nonviolent felony really more troubling than a lifelong pattern of using and manipulating others? Which is worse: a boss who once made unwelcome advances to his secretary and got his hand slapped for it? Or some gruff SOB "with issues" who treats everyone like garbage? Which is riskier: having a fellow in shipping-and-receiving who once filched a six-pack and drove his car into a tree? Or having an over-the-top hedonist in the executive office? Clearly background checks would not have saved Enron from the misdeeds of its corporate brass, who arguably did more damage to America than any act of violence except 9/11 itself. (Put aside your preconceptions and ask yourself this: If we're going strictly on the basis of the scope of damage done—which seems like a reasonable way of judging the severity of a crime—why would Scott Peterson get the death penalty before Jeffrey Skilling or Ken Lay?*) Finally, we should not lose sight of the fact that background checks, much like credit files, can include erroneous information that unfairly stigmatizes job candidates.
Even if backgrounds checks can make life more harmonious within any given company, society is left with a serious pragmatic concern: What do we do about the estimated 25 million** Americans (and counting) who fall short of our newfound standards? Explain to me how America as a whole is made safer by denying its most marginal citizens work, housing, credit, education, even mates.
The U.S. prison population set an all-time record in 2006, with some 7 million adults under lock and key. An additional 5 million Americans, give or take, are either on parole or on probation. Justice Department figures tell us that one in 20 Americans will spend some portion of their lifetime behind bars. For males, that probability approaches one in 10. For minority males, one in five.
That's an awful lot of us who may end up serving the equivalent of a life sentence for things like bouncing a $60 check.
* I need to be clear here: One of the few issues in life about which I am vehement is my opposition to capital punishment. (I go with Mario Cuomo on this one: Government should not be in the business of elevating mankind's most base impulses to the status of law.) I'm just making a point. Again, looking at things strictly in terms of the scope of the damage to society, I think there are many crimes (even many nonviolent ones) that are "worse" than a single episode of homicide.
** That figure counts only those who've been physically incarcerated. According to one 2004 Wall Street Journal article, there are at least 46 million Americans with criminal records, including those who copped pleas or otherwise did not do actual jail time.