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
In-depth review of the spectrum of Connecticut employment law requirements HR must follow in respect to interviewing and selecting job candidates.
In-depth review of the spectrum of New York employment law requirements HR must follow with respect to preemployment screening and testing.
In-depth review of the spectrum of Alabama employment law requirements HR must follow with respect to recruting
Restrictions on background checks can vary significantly between other countries and the US. On this podcast, we examine key differences about which employers need to know with Proskauer Rose attorney Erika Collins, who co-chairs the firm's labor and employment practice group.
The Social Security Administration (SSA) has issued a final rule, effective September 9, 2015, revising its regulations regarding the procedures an individual should follow to apply for a Social Security Number (SSN) card. The rule also revises certain related evidence requirements. The Social Security Number Verification Service (SSNVS) Handbook has also been updated.
In-depth review of the spectrum of Texas employment law requirements HR must follow with respect to preemployment screening and testing.
An in-depth review of the spectrum of Texas employment law requirements HR must follow in respect to immigration.
The Minneapolis-based Target Corporation has agreed to pay $2.8 million to thousands of rejected job candidates who claimed they were unfairly screened out of upper-level positions because of their race or gender. The settlement will be dispersed among more than 3,000 people affected by the use of these screening tests in the hiring process.
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 Delaware employment law requirements HR must follow with respect to interviewing and selecting job candidates.
HR Guidance concerning federal and state legal requirements on the screening and testing of job applicants.