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 to 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.
David B. Weisenfeld, J.D., Legal Editor
The Indiana Preemployment Screening and Testing and Negligent Hiring sections of the Employment Law Manual have been updated to reflect a new law prohibiting employers from refusing to hire or discriminate against a job applicant whose criminal record has been expunged.
In-depth review of the spectrum of Indiana employment law requirements HR must follow with respect to minimizing risks of negligent hiring.
Effective July 1, 2013, a new Indiana law will give job applicants with criminal histories a chance to have their criminal records expunged after a period of time provided their prior convictions do not involve sexual or violent crimes.
XpertHR's Minnesota content has been updated to reflect a new law that will soon prohibit most private employers from asking prospective employees about their criminal histories on job applications.
In-depth review of the spectrum of Colorado employment law requirements HR must follow in respect to employee privacy.
In-depth review of the spectrum of Minnesota employment law requirements HR must follow with respect to employee privacy.
In-depth review of the spectrum of Indiana employment law requirements HR must follow with respect to preemployment screening and testing.
In-depth review of the spectrum of Colorado employment law requirements HR must follow with respect to employment offer.
On May 15, 2013, the Equal Employment Opportunity Commission (EEOC) updated its questions and answers series regarding workplace rights and the prevention of discrimination against individuals with specific disabilities.
HR Guidance concerning federal and state legal requirements on the screening and testing of job applicants.
Sorry, this feature is not yet available on the preview site