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
On June 22, 2015, the Morris County Chapter of the Society for Human Resource Management (MC SHRM) held it Eighth Annual Employment Law Symposium, presented in collaboration with Fisher & Phillips, LLP.
Overtime reform, discrimination in hiring claims and joint employer liability proved top concerns for employers, according to law firm Littler Mendelson's 4th Annual Executive Employer Survey Report.
In-depth review of the spectrum of Pennsylvania employment law requirements HR must follow with respect to preemployment screening and testing.
In-depth review of the spectrum of Oregon employment law requirements HR must follow with respect to interviewing and selecting job candidates.
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 New York employment law requirements HR must follow with respect to interviewing and selecting job candidates.
Ohio and Oregon have each taken steps to prohibit criminal history questions on initial job applications. Ohio has adopted a state policy to remove criminal history inquiries from state job applications. Meanwhile, Oregon has enacted a law that also will ban criminal history questions from job applications, and will apply to private and public employers subject to limited exceptions.
An in-depth review of the spectrum of Indiana employment law requirements HR must follow in respect to immigration.
HR Guidance concerning federal and state legal requirements on the screening and testing of job applicants.