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 District of Columbia employment law requirements HR must follow with respect to disabilities.
Effective March 1, New Jersey has banned criminal history questions on job applications for most private employers as well as employment agencies. The law applies to employers with 15 or more employees over 20 calendar weeks and includes stiff penalty provisions.
In-depth review of the spectrum of New Jersey employment law requirements HR must follow with respect to minimizing risks of negligent hiring.
In-depth review of the spectrum of Georgia employment law requirements HR must follow with respect to preemployment screening and testing.
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.
Ensuring that employers are hiring an authorized workforce can be challenging. This section guides HR professionals through the verification process when completing the Form I-9 and if the employer participates in E-Verify as well as visa considerations when hiring a foreign national.
Georgia has become the 14th state overall, and first in the south, to "ban the box" on job applications.
Nebraska is the fifth state to participate in a federal program that validates the authenticity of the driver's licenses presented by a new hire by comparing driver's license data with state motor vehicle records.
In-depth review of the spectrum of Nebraska employment law requirements HR must follow with respect to immigration.
North Carolina employers seeking to communicate to employees that the employer uses E-Verify and what the potential ramifications are if employment eligibility cannot be verified should consider including this model policy statement in their handbook.
HR Guidance concerning federal and state legal requirements on the screening and testing of job applicants.