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
Under the Fair Credit Reporting Act, an employer must provide an applicant or employee with a summary of rights before taking an adverse action based on a consumer credit report obtained from a consumer reporting agency or within three days of requesting an investigative consumer report.
Under the Fair Chance Ordinance, an employer with 20 or more employees must file an annual report by April 30 each year.
As mandated by the City of Los Angeles, Department of Public Works, Bureau of Contract Administration, a covered employer must provide a written individualized assessment to the applicant if the employer plans to take an adverse action.
As mandated by the City of Los Angeles, Department of Public Works, Bureau of Contract Administration, a covered employer must give an applicant written notice of its proposed withdrawal of a conditional employment offer.
In this engaging 60-minute webinar, New Jersey employment attorney Steven Luckner, of Ogletree Deakins, will address a host of key issues involving background checks.
Updated to reflect New Orleans, Louisiana credit check history law.
Updated to reflect New Orleans credit check law, effective December 23, 2016.
Updated to reflect forthcoming requirements under Philadelphia's wage equity ordinance.
On this podcast, New Jersey employment attorney Steven Luckner explores why employers must be discerning when it comes to seeking criminal history information since background checks are ripe for technical violations.
A resource that guides employers on how to discipline misconduct related to marijuana use has been added. Contradictory laws across federal and state jurisdictions have complicated these types of employment decisions.
HR Guidance concerning federal and state legal requirements on the screening and testing of job applicants.