Posts Tagged: Negligent Hiring

Can a Background Check Predict the Future?

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 »

5 Tips for Using Criminal History in the Hiring Process

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 »

Status Report: “Ban the Box” and the Challenge for Employers

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 »

A How-To for Individualized Assessments

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 »