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.
Author: David B. Weisenfeld, JD, Legal Editor
Maryland has become the 21st state to pass a law legalizing medical marijuana with a measure signed by Governor Martin O'Malley that becomes effective on June 1. Several Maryland sections of the Employment Law Manual have been updated to reflect this development along with the Medical Marijuana Quick Reference Chart.
Maryland has become the 21st state to legalize medical marijuana with a bill signed by Gov. Martin O'Malley. Effective June 1, the new law allows individuals with certain qualifying illnesses or conditions to use marijuana for medicinal purposes if their doctor recommends it.
Employers should be aware of state laws regarding marijuana for medicinal purposes. This quick reference chart lists the states with medical marijuana laws and the years those laws were passed.
In-depth review of the spectrum of Maryland employment law requirements HR must follow with respect to disabilities (ADA).
As mandated by San Francisco's Office of Labor Standards Enforcement, San Francisco private employers and city contractors must post the San Francisco Fair Chance Ordinance Notice Poster.
As mandated by the US Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices, employers participating in E-Verify must post the Office of Special Counsel Right to Work Poster.
The Employment Law Manual and a Quick Reference Chart have been updated to reflect the recent release of an updated E-Verify further action notice and a new fact sheet.
The EEOC and the FTC have teamed up to create new resources relating to the use of background checks for employment purposes.
Three sections of the Employment Law Manual have been updated with information about a new ordinance forbidding an employer in San Francisco from including criminal history inquiries on job applications.
HR Guidance concerning federal and state legal requirements on the screening and testing of job applicants.