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
In-depth review of the spectrum of Minnesota employment law requirements HR must follow with respect to preemployment screening and testing.
Several states have passed mandatory E-Verify measures that require businesses to confirm the work eligibility of all new hires using the federal electronic verification system. This Quick Reference Chart will show employers if a mandatory E-Verify law applies in their state along with the penalties for noncompliance.
XpertHR's Maryland content has been updated in the Employee Privacy, Employee Handbooks - Work Rules - Employee Conduct, and Preemployment Screening and Testing sections to include a new law permitting the use of medical marijuana in the state, effective October 1.
A new Maryland law effective on October 1 that permits the use of marijuana for medical purposes may have an impact on workplace policies regarding employee drug use and testing.
Maryland has joined a growing national trend in becoming the ninth state to enact a Ban the Box law. Ban the Box refers to the box on applications that prospective employees are asked to check off if they ever have been convicted of a crime.
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.
In-depth review of the spectrum of Maryland employment law requirements HR must follow with respect to preemployment screening and testing.
The Colorado Preemployment Screening and Testing section has been updated to reflect the signing of a new law that prohibits the use of credit checks for employment purposes subject to limited exceptions.
In-depth review of the spectrum of Colorado 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.
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