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
Updated to reflect salary history question ban, effective December 14, 2017.
As recommended by the California Department of Fair Employment and Housing, all California employers should post the California Preemployment Inquiry Guidelines Poster.
A Colorado agency has ordered Uber to pay $8.9 million for allowing nearly 60 drivers to work for the company despite possessing damaging background check information that should have disqualified them under the law.
Updated to reflect forthcoming Albany County salary history law.
Updated to include information on case law regarding alcoholism under the New York City Human Rights Law.
Updated to reflect forthcoming California "ban the box" law.
Updated to reflect forthcoming state 'ban the box' and salary history inquiry laws.
Updated to reflect forthcoming state 'ban the box' law affecting private employers.
Updated to reflect forthcoming state 'ban the box' law.
HR Guidance concerning federal and state legal requirements on the screening and testing of job applicants.