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HR Support on Screening and Testing
Editor's Note: Preemployment screening can bring great risks but also rewards.
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
Latest items in Preemployment Screening
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Indiana Sections Updated to Reflect New Criminal Records Law
The Indiana Preemployment Screening and Testing and Negligent Hiring sections of the Employment Law Manual have been updated to reflect a new law prohibiting employers from refusing to hire or discriminate against a job applicant whose criminal record has been expunged.
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Negligent Hiring: Indiana
In-depth review of the spectrum of Indiana employment law requirements HR must follow with respect to minimizing risks of negligent hiring.
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New Indiana Criminal Records Law Could Affect Hiring Process
Effective July 1, 2013, a new Indiana law will give job applicants with criminal histories a chance to have their criminal records expunged after a period of time provided their prior convictions do not involve sexual or violent crimes.
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Minnesota Sections Updated to Reflect New Ban the Box Law
XpertHR's Minnesota content has been updated to reflect a new law that will soon prohibit most private employers from asking prospective employees about their criminal histories on job applications.
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Employee Privacy: Colorado
In-depth review of the spectrum of Colorado employment law requirements HR must follow in respect to employee privacy.
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Employee Privacy: Minnesota
In-depth review of the spectrum of Minnesota employment law requirements HR must follow with respect to employee privacy.
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Preemployment Screening and Testing: Indiana
In-depth review of the spectrum of Indiana employment law requirements HR must follow with respect to preemployment screening and testing.
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Employment Offer: Colorado
In-depth review of the spectrum of Colorado employment law requirements HR must follow with respect to employment offer.
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EEOC Updates Guidance on Workplace Rights of Individuals With Specific Disabilities
On May 15, 2013, the Equal Employment Opportunity Commission (EEOC) updated its questions and answers series regarding workplace rights and the prevention of discrimination against individuals with specific disabilities.
About this topic
HR Guidance concerning federal and state legal requirements on the screening and testing of job applicants.