To verify credentials and uncover desired information regarding an applicants work, criminal, and personal history, many employers conduct background checks as a regular step in their hiring process. In addition to ensuring job qualifications, conducting background checks can help employers protect themselves and the public from individuals who pose an unreasonable risk of harm to others and when done properly may also shield employers from potential negligent hiring lawsuits.

While conducting background checks may in the best interest of employers, they must be cognizant of state and federal laws regulating the procurement and use of information regarding an applicant for the purpose of making hiring decisions. Stemming from concerns regarding employee privacy and the disparate impact that using criminal history and other information to disqualify applicants may have on minorities, laws governing background checks have evolved in recent years into a legal minefield, leaving employers puzzled regarding their rights and responsibilities.

In this issue of Workforce Strategies, we discuss how an employer can balance its legitimate need to validate the information provided by job applicants as a means of reducing turnover, minimizing disciplinary problems, and avoiding negligent hiring lawsuits with employees right to privacy and the various state and federal laws enacted to guarantee that right.