Overview: A conditional job offer is an employment offer that is conditioned upon the successful completion of another event or additional requirement that the prospective employee must meet prior to obtaining the particular job. It is not uncommon for an employer to condition an offer of employment on the successful completion on certain additional requirements prior to the start date.
Job offers may be conditioned upon various requirements, such as, the successful completion of a drug test, medical examination, criminal background check, driver's license record check, reference checks, educational background checks, proof that the job applicant has obtained the necessary licensing requirements to perform the job, proof that the job applicant is in good professional standing, the job applicant's execution of the employment contract or related documents, and/or the successful completion of any other job-related condition placed upon job applicants.
However, employers must keep in mind that the conditions must be related to the employer's particular business needs and cannot be discriminatory or otherwise violate state or federal laws.
Trends: In a couple of states, if an employer requires that a new employee execute a noncompete agreement as a condition of employment, the employer must provide the employee with a copy of the agreement either prior to or concurrent with making an employment offer or provide written notice to the employee before employment begins that the agreement is required.
Author: Melissa A. Silver, JD, Legal Editor
Updated to reflect forthcoming law prohibiting employers from using juvenile convictions as a factor in determining a condition of employment.
Updated to reflect employer limitations on obtaining salary history of job candidates in the forthcoming state Act to Establish Pay Equity, which strengthens existing equal pay laws.
Updated to reflect hiring requirements under the Workplace Privacy Act, effective July 20, 2016.
Updated to reflect amendment to Philadelphia's Fair Practices Ordinance prohibiting use of credit information in hiring, effective July 7, 2016.
Updated to include employment offer requirements under Portland's ban the box law, effective July 1, 2016.
Enhanced to improve the comprehensiveness, organization and scope of coverage.
Updated to reflect hiring requirements under the forthcoming social media privacy law.
Updated to reflect Austin's ban the box ordinance and its conditional employment offer requirements, effective April 4, 2016.
The New York City Commission on Human Rights collected nearly $1.4 million in awards and penalties in discrimination cases in 2015, according to enforcement data released by the agency. In addition, the Commission held a public hearing on its proposed rules to the City's "ban the box" law this week.
As mandated by the New York City Commission on Human Rights an employer with four or more employees in New York City must provide notice of its analysis of an applicant's criminal history if it is seeking to withdraw a conditional employment offer.