Hiring executives confronting the checkerboard of state and local regulations on background screening can follow practitioner-tested conventions to dodge problems and improve outcomes:

  • Review all application documents.
  • Remove problematic disclosure requests, especially those for criminal records.
  • Remove documents or provisions requiring candidates to waive their disclosure rights and release your company from liability in relation to disclosures.
  • Watch for extraneous information.
  • Require candidates to certify that all application information is accurate.
  • Individually assess any potential causes of adverse action, ensuring that the danger of disparate impact is avoided.
  • Remove automatic rejection letters.
  • Understand and monitor all ban-the-box laws.
  • Inquire about criminal history after a conditional offer of employment is made.
  • Ask only about convictions (not sealed, expunged, juvenile, or pardoned criminal records).
  • Codify all of the above to ensure fair and consistent application, training all managers and recruiters accordingly.

To learn the basics of avoiding being run over by the class action juggernaut, stay tuned for our next post. You can also read more about individual assessments here or view our webinar.

Global HR Research stands ready to assist employers via a platform of cutting-edge services. GHRR combines advanced screening technology, data, and business analytics to deliver better alternative background screening solutions supporting thousands of customers and their candidates. Serving small businesses to Fortune 500 companies and accredited by the National Association of Professional Background Screeners, GHRR is recognized by the Background Screening Credentialing Council.


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