Overview: Today's hands-off approach can be tomorrow's negligent hiring lawsuit. As a result, many employers turn to a variety of preemployment screening measures to find out ahead of time about any warning signs involving job applicants.
These measures can include employee background checks, reference checks, credit checks, drug tests, job-related aptitude tests and post-offer medical examinations. However, HR professionals should be certain to check their state employment laws as well as federal statutes to ensure that their testing efforts do not overstep.
If an employer decides to engage in any of these testing measures, it must do so across-the-board with all applicants in a consistent fashion. A failure to do so could lead to later discrimination claims.
Trends: Some states prevent employers from asking job applicants about arrests. Others have "Ban the Box" laws that prohibit employers from asking candidates to check off on an initial job application form if they have been convicted of a crime. This does not preclude such questions later in the selection process.
Employers also should be aware that several states limit the use of credit checks to certain positions where financial data, sensitive information or managerial responsibilities will be involved.
Author: David B. Weisenfeld, JD, Legal Editor
In this engaging 60-minute webinar, New Jersey employment attorney Steven Luckner, of Ogletree Deakins, will address a host of key issues involving background checks.
Updated to reflect New Orleans, Louisiana credit check history law.
Updated to reflect New Orleans credit check law, effective December 23, 2016.
Updated to reflect forthcoming requirements under Philadelphia's wage equity ordinance.
On this podcast, New Jersey employment attorney Steven Luckner explores why employers must be discerning when it comes to seeking criminal history information since background checks are ripe for technical violations.
A resource that guides employers on how to discipline misconduct related to marijuana use has been added. Contradictory laws across federal and state jurisdictions have complicated these types of employment decisions.
This resource guides employers on how to discipline misconduct related to marijuana use to address compliance concerns in jurisdictions that allow medical or recreational marijuana use.
Updated to reflect Los Angeles and Connecticut 'ban the box' laws.
Updated to reflect limitations on criminal history questions under the Los Angeles ban the box ordinance, effective January 22, 2017.
Updated to reflect Los Angeles Fair Chance Initiative for Hiring Ordinance, effective January 22, 2017.
HR Guidance concerning federal and state legal requirements on the screening and testing of job applicants.