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Pre Employment Screening Must Be Done Right August 24, 2012

Posted by Darwin in Uncategorized.

There are lines that should not be crossed during pre hiring background checks. The legal limits and regulatory guidelines governing this area of employment law are evolving. Certain types of background checks have been seeing more lawsuits as advocates challenge the way certain types of information collected during background checks is used. It can be difficult to know exactly where the lines are these days, especially since those lines are shifting. Using quality pre employment screening software as a part of an up to date and reliable applicant tracking system can help ensure that you stay on the right side of the lines.


An area of background check contention that has seen an increase in the number of lawsuits alleging discrimination is credit check information. This is a common check performed by a broad range of potential employers as a part of their standard background checking. This is especially true when hiring someone that will be handling money. However, using a poor credit standing as a reason not to hire is increasingly being challenged. Therefore, it is important to consider the effect of a credit report on the ability to perform a job. You need to be prepared to demonstrate specifically how a poor credit report can make a person legitimately unsuited for a position. It’s not as clear-cut as you may think.


Having financial problems doesn’t necessarily disqualify a person from handling money, not in ways that can satisfy a court of law in many cases. You may be better off not courting a lawsuit, and instilling more secure money handling practices. California is among the states that don’t allow a prospective employer to check sexual offender registries as a pre employment background check if a person is not working around children or other vulnerable people. There are many regulations governing the collection and use of background check information in the hiring decision making processes that can vary significantly from state to state. 


Making the wrong choices about information collected during background checks and how it is used to eliminate candidates for positions can lead to serious legal trouble. Using business technologies that can help you to keep up to date on changing regulations and help you keep your screening legal is a smart move in today’s business climate. When you use technology to aid you in these processes, you have solid records concerning your hiring practices and decisions readily available in case you have to defend yourself at some point. That is a far better way of storing such important information than paper files.


When it comes to pre employment screening software, make good choices. Get the best you can afford. Look for options that are easy and affordable to upgrade. Make sure it complements your overall applicant management system, working well with it. That way, you’ll have added protection from multiple features. Many recruiting and applicant management systems can keep you up to date in employment law changes, helping you to avoid falling on the wrong side of hiring regulations that change in terms of what is legally acceptable and what isn’t.



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