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Employee Background Checks- Are You Compliant?


A pre-employment investigation is used by many of our clients to help select the best candidates for the job. It is a great tool to verify resume details and check for any omissions. It also helps to protect the employer from a negligent hiring claim.

However, conducting a pre-employment background check that doesn't meet state and federal regulations is a major source of liability. Our ThinkHR Team has some guidelines that should be followed:

  • Employers should use pre-employment investigation tools that are reasonable, appropriate, and relevant to the position for which the applicant is applying.

  • Pre-employment investigations should be consistently implemented with all candidates, regardless of class or position.

  • Pre-employment investigations should be conducted by persons with special training, such as a reputable investigative service.

  • All information must be evaluated in compliance with the Fair Credit Reporting Act (FCRA), the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act, and any other applicable state and federal law.

Most states, including NJ and NY, have laws in place mandating what employers are allowed to search for during pre-employment screening checks. Please contact us to make sure you are compliant with your pre-employment practices.

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