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
An in-depth review of the spectrum of Arizona employment law requirements HR must follow in respect to immigration.
In-depth review of the spectrum of Illinois employment law requirements HR must follow with respect to negligent hiring.
In-depth review of the spectrum of Illinois employment law requirements HR must follow with respect to interviewing and selecting job candidates.
In-depth review of the spectrum of Illinois employment law requirements HR must follow with respect to preemployment screening and testing.
New York has become the 23rd state to legalize medical marijuana for individuals with certain serious health conditions.
The introduction of federal "Ban the Box" legislation follows that of a host of big cities and some states which already have enacted laws prohibiting employers from asking applicants if they have been convicted of a felony on initial application forms.
An in-depth review of the spectrum of California employment law requirements HR must follow in respect to immigration.
Employers should be aware of state laws regarding marijuana for medicinal purposes. This quick reference chart lists the states with medical marijuana laws and the years those laws were passed.
In-depth review of the spectrum of New York employment law requirements HR must follow with respect to preemployment screening and testing.
HR Guidance concerning federal and state legal requirements on the screening and testing of job applicants.