In today’s society and troubled economic times, nonprofit organizations are faced with the increasing challenge of how to accomplish their purpose while protecting the society they serve. Volunteers who represent nonprofit organizations often have high visibility and frequent contact with a population at risk; and they are the individuals with whom the population served by a nonprofit organization interacts with first ─ and on a reoccurring basis.

Although volunteers are generally unpaid, they play an important role in nonprofit organizations, having responsibilities, offering assistance and completing needed jobs. However, with the increased turmoil in society, more and more nonprofit organizations are mandating volunteers undergo background checks. And, in recent years, many nonprofit organizations have adopted policies and procedures for screening volunteers ─ for the same reasons employers conduct background checks. Why? While most volunteers are exemplary, it has become imperative to verify a prospective volunteer’s background and identify potential problems prior to selection ─ especially those that could arise from an undisclosed criminal history. A volunteer who violates the trust of a nonprofit can prove devastating to an organization, leading to loss of community support and funding, or even a lawsuit for negligent selection of a volunteer.

Organizations that aren’t currently conducting background checks on prospective volunteers need to become aware of the legal pitfalls associated with poor volunteer selection. Regardless of size, nonprofits must be more careful now than ever, to avoid costly litigation from negligent hiring and protect their organization and the population they serve.

Background screening should no longer be an option; it is a necessary practice to safeguard an organization and society ─ and it shouldn’t just apply to volunteers. Nonprofit job applicants and paid staff members should be asked to submit to a background check. A proper screening and recruiting process can save a nonprofit organization from criminals, sex offenders, and theft.

Criminal background checks can reveal whether a prospective volunteer has been convicted of a crime or engaged in any appropriate act or activity. Nonprofits can also use the background-check report to determine whether an applicant has been honest on the application. Supplying false information on an application is often a red flag for nonprofits, thus indicating a potential risk.

Nonprofit organizations must use reasonable care in the selection of both paid employees and volunteer workers to avoid opening the door for potential liability lawsuits and legal damages for the actions of a problem employee or volunteer. Suits can allege that an organization failed to accurately check background information that could have revealed the applicant’s likelihood for criminal or improper behavior. The legal concept of negligent hiring is common in a number lawsuits deriving from improper conduct, death and injury.

Having proper screening techniques benefits nonprofits, and is absolutely necessary when placing volunteers where they best fit the organization. Therefore, organizations should develop specific recruiting policies and practices which will provide a solid foundation for an effective volunteer recruiting and management program. And, organizations should create a screening policy rather than conduct background checks on a case-by-case basis.

Both volunteer organizations and business have a responsibility not to place an individual into a position whose criminal history indicates that they are unsuitable for the task. It’s important to investigate a prospective applicant thoroughly and evaluate information received from a background-check provider. And, make sure the information use to select or deny an individual candidate is based on facts and their relevancy to the position. In addition, a thorough background check should include a combination of national database and single-county searches.

Developing internal policies and mandating an organization wide commitment to mitigate risk and promote a safe work environment ─ is the first step in the process of creating a background screening program. And, the program must have the support of the nonprofit organization and its leadership in order to be successful.

Tips to keep in mind when developing a background check program for a nonprofit:

• Ensure safe recruiting practices by developing a screening policy using background-check products and services.
• Select multiple screening products that can be bundled in a package for position-specific searches.
• Establish criteria to evaluate information, and determine what will constitute disqualifying information.
• Follow all FCRA rules and regulations.
• A screening process is not a one-time process, it is continual. Conduct periodic screening of volunteers to mitigate unlawful behavior.

There is always an element of risk for any nonprofit organization, and recruitment of quality volunteers and staff is something nonprofits face, both small and large. And, with the turnover rate in the nonprofit sector often high, retaining quality volunteers can be at times challenging. Many nonprofit organizations should be commended, as they are doing everything possible to protect those they serve. Background screening reduces the occurrence of theft, sexual misconduct, and violence. It only stands to increase productivity and volunteer tenure and protects a nonprofit organization from negligent selection. By implementing a consistent screening policy throughout an organization, nonprofits avoid costly hiring and recruiting mistakes, mitigate exposure to risk and litigation, and reassure society that the individuals working with them have been properly investigated.