BACKGROUNDCHECKSARTICLE
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BACKGROUND
CHECKS
CO-AUTHOR: Michele Molinario
CO-AUTHOR: John DiCaro
EMAIL: [email protected]
EMAIL: [email protected]
BIO: jshfirm.com/michelemolinario
BIO: jshfirm.com/johnmdicaro
HELPING EMPLOYERS NAVIGATE THE BATTLE BETWEEN NEGLIGENT
HIRING AND DISCRIMINATORY HIRING PRACTICES
“By implementing a strong background investigation policy and using that policy in conjunction with a carefully
tailored applicant screening process, employers can protect themselves from negligent hiring claims while still
meeting the standards set forth under Title VII.”
With quick and easy electronic access to personal information at an
employer’s fingertips, employers must learn how to properly utilize
such information in the hiring process. The failure to perform adequate
background checks can open an employer up to liability for claims
based on negligent hiring. These claims can have a negative impact
in the marketplace, adversely affect employee morale and be costly to
defend. On the other hand, improper use of background checks during
employee screening can expose employers to civil rights violations.
These opposing pitfalls require employers to perform a precarious
balancing act and to understand the liability to which they are exposed.
Employers need to develop a hiring process that effectively insulates
them from both negligent hiring and civil r Y