Legislator wants
law requiring background checks
By RICK
BRUNDRETT Staff
Writer
Prompted by reports of sexual assaults of children at Wal-Mart
stores in South Carolina, a state lawmaker is proposing a bill that
would require major retailers to do criminal background checks on
prospective employees.
The bill sponsored by Rep. Chip Limehouse, R-Charleston, would
require the checks for all toy and children’s clothes retailers with
multiple stores and gross annual sales of more than $15 million.
That would include Wal-Mart — the nation’s largest retailer —
which has more than 25,000 employees in South Carolina, and other
major retailers such as Kmart and Target, Limehouse said.
“While this can be construed as an encumbrance on the private
sector, to me, the potential for a child being hurt outweighs the
added (financial) burden,” said Limehouse, a commercial real estate
broker who describes himself as “pro-business.”
There are no federal or state laws requiring retailers to do
background checks, according to the National Retail Federation in
Washington, D.C.
Limehouse said he drafted his bill in response to stories earlier
this month in The State about a 10-year-old girl who authorities say
was molested in 2000 in a Columbia Wal-Mart and a 12-year-old girl
who reported she was fondled July 3 in an Orangeburg Wal-Mart.
In both cases, the accused assailants worked in the stores and
were registered sex offenders.
Limehouse said because Wal-Mart stores in many small communities
have become “essentially the town center,” they are the “perfect
place for a pedophile to ensconce himself in a job.”
Limehouse said he has contacted Wal-Mart’s corporate office in
Bentonville, Ark., about his intent to file his bill when the S.C.
Legislature convenes in January.
Wal-Mart corporate spokesman Gus Whitcomb said Monday the company
“would be open to looking at the legislation” but has no plans to
change the company’s policy of not doing background checks on most
employees.
“We would like to remind people that we’re talking about two
separate incidents four years apart,” Whitcomb said about the South
Carolina incidents. “Should we ever find a need to institute
background checks for all employees, that’s definitely something we
would look at.”
Whitcomb said a change in policy would have to be “driven by a
particular problem that could be proven.”
Columbia lawyer David Massey, who is representing the families of
the girls in the two S.C. incidents, said Monday he supports
Limehouse’s bill.
“He is putting children’s safety first,” Massey said.
“Unfortunately, our corporate citizens such as Wal-Mart should have
done this a long time ago.”
Massey last month asked Circuit Court Judge Casey Manning to
force Wal-Mart to release records of sexual assaults of customers by
employees at stores nationwide. No ruling has been made.
The exact number of toy and children’s clothes retailers in South
Carolina affected under Limehouse’s bill is unknown. The state
Department of Revenue said Monday it cannot release information on
individual companies, citing privacy laws.
Limehouse said he would like to work with business leaders before
filing the bill in January to reduce the cost of doing the
background checks. That could mean requiring background checks for
only prospective male employees, he said. Most pedophiles are
men.
Massey pointed out that a Florida law protects companies that
conduct background checks on prospective employees from being held
liable in civil lawsuits for negligence in hiring.
Reach Brundrett at (803) 771-8484 or rbrundrett@thestate.com. |