Is Your Criminal Screening Process Compliant?

An employer's reluctance in hiring an applicant with a criminal history is understandable and sensible. Employers have an obligation to ensure a safe workplace, can be fined for failing to enact safeguards against workplace violence, and face liability for negligent hiring and retention of employees who commit violence in the workplace. Furthermore, a job applicant's honesty and judgment are relevant factors to consider in assessing an applicant's suitability for a job. For these reasons, employers frequently feel the need to inquire about an applicant's criminal conviction history and use criminal background checks when making hiring decisions. However, a recent increase in laws banning, or significantly limiting, an employer's ability to inquire about an applicant's criminal history, requires that all employers examine their current criminal background check policies and practices to ensure compliance with applicable laws.