Greg Davis Quoted in Compensation & Benefits for Law Offices

The article "How to Ferret Out Instances of Resume Padding and Fraud" in the May 2006 issue of Compensation & Benefits for Law Offices reports that it is an unfortunate fact of life for law firm recruitment professionals that a lot of people, at all levels, lie on their résumés.  How pervasive is résumé padding? The recently released InfoLink Screening Services’ 2005 report, Hit Ratio Analysis, based on hundreds of thousands of background checks conducted by InfoLink Screening, suggests that law firms are not immune to such problems. InfoLink Screening is a provider of employment background checks, drug testing, physical exams, and Form I-9 e-Solutions. According to the report, 43.7% of résumés received in the legal services industry received a "hit" for misleading information relating to past employment (see the sidebar, "Four Ways to Weed Out Poor Prospects from the Start").

Inaccuracies—which could be simple mistakes—are one thing. Outright lies are another. A recent report from ADP Screening and Selection Services found that 44% of applicants lied about their work histories, 41% lied about their education, and 23% falsified credentials or licenses.   Background screening is about more than a job applicant’s history. Data security, fraud prevention, and protecting your firm’s reputation are additional motivators. Many employers are also concerned about potential security or workplace violence situations, so criminal and other background checks are becoming more widespread in use. Background screenings are also an international concern in today’s global law firms (see the sidebar, "Don’t Forget Background Checks for Global Operations").

How can screening help? "Employers focus on background screening based on the simple postulate that past behavior is the best predictor of future behavior," says Gregory Davis, a labor and employment attorney in the Chicago office of Seyfarth Shaw, who frequently counsels employers on screening issues.  Davis also warns of the need to make sure you operate within legal limits on the use of certain data in hiring situations. "There is nothing wrong with making informed decisions," he says. The danger comes if you base an employment decision on "impermissible criteria."