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
The new law takes effect March 1, 2015, and will apply to employers with 15 or more employees, as well as employment agencies.
In-depth review of the spectrum of New Jersey employment law requirements HR must follow with respect to preemployment screening and testing.
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 New Hampshire employment law requirements HR must follow with respect to interviewing and selecting job candidates.
New Jersey has become the sixth state to ban criminal history questions on job applications for most private employers. On August 11, Governor Chris Christie signed the Opportunity to Compete Act, which will apply to business with 15 or more employees.
A new San Francisco "ban the box" law has taken effect that goes beyond California law and affects private employers with 20 or more employees. The ordinance prohibits employers from asking about or seeking the conviction history of job applicants until after their first live interview.
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.
In-depth review of the spectrum of New Jersey 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.