Sexual Misconduct and Background Checks

Nov 29, 2017

There has been much in the news of late about sexual misconduct in the workplace.  One example is Massage Envy, where published reports have said about 180 women have taken some form of action to report alleged sexual misconduct (some of which have been adjudicated and proven in the courts).   When a company as large as Massage Envy, with about 1200 locations nationwide can experience this type of unwanted free press and litigation, how can your company protect its brand?

I happen to personally know numerous Massage Envy franchisees, and because of this I also know Massage Envy requires background checks on all employees who work at Massage Envy locations.  By requiring thorough background checks, companies can mitigate against being found negligent based upon Negligent Hiring laws.  Further according to the published reports, the rate of allegations against Massage Envy is only 0.0000014%.  Undoubtedly, this extremely small sexual misconduct allegation incidence percentage is lower than the average rate for companies nationwide.

So Massage Envy can take a stand, both with the press, social media, and in the courts to affirm that its practices to create a safe environment for clients and employees - by requiring background checks - is proof of its desire to create a safe environment for all at their franchisee locations.  Additionally, the very low rate of allegations, is another barometer for how well Massage Envy has instituted good business practices.

Your company can also protect its brand by performing thorough background checks.  Although background checks are not a guarantee that one of your employees will not ultimately harm one of your clients, by performing them, your company can defend itself against Negligent Hiring lawsuits.  You will be able to defend your brand, be it with the press, social media, or in the courts.

Posted by: Rudy Troisi.  President, Reliable Background Screening.




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