Doing a background check on an applicant can seem like a hassle. You have to contract with a background check provider, fill out the forms, get the applicant’s permission, and then follow through with the correct notifications once the check is complete. If you decide to exclude the applicant, there are more requirements in the… Read more »
Posts Tagged: Negligent Hiring
Do people with otherwise clean criminal backgrounds suddenly perform criminal acts? Should companies be able to predict this behavior and take actions to protect their customers, workforce, and public at large? Where does employer liability end and individual liability begin? Questions about the predictive value of background checks and in particular, criminal background checks, have… Read more »
Our new infographic provides a clear path that allows employers to avoid negative consequences and potentially even identify excellent employees among ex-offenders.
Learn how to better navigate the competing pressures of insurance requirements and the desire to reduce the risk of discrimination under employment law.
The BMW case demonstrates how the EEOC requires employers to treat everyone the same but assess them individually in terms of criminal background.
Our new infographic, Tips to Bring the Right People on Board, summarizes why and how employers can design background screening processes to mitigate hiring risks. Take a look:
The problem with routine background checks… As long as nothing bad happens, you are “rewarded” for doing inadequate background checks. But there are several major problems with shallow or poorly designed background checks.
So, you want to know if your prospective employee has a criminal past? Looking into the criminal history of job applicants is a smart hiring practice. Given the high proportion of adult Americans with criminal records (the National Employment Law Project estimates 1 in four adults has a record of some kind), it is likely… Read more »
Despite how some may make it sound, spreading Ban the Box laws do not prohibit employers from using criminal background checks. Instead, the laws are designed to keep the question, “Have you been convicted of a crime?” off job applications to give applicants with a criminal history a greater chance of getting through an employer’s… Read more »
As you may already be aware, the EEOC is advising employers to use individualized assessments in cases where criminal history might be used to exclude a job applicant. The aim of the EEOC is to induce employers to look more at individual factors that might mitigate the impact of a conviction to avoid discrimination, and… Read more »