Are pre-employment background checks discriminatory?

Lexology
Dorsey & Whitney LLP
Edward B. Magarian and Jillian Kornblatt
USA
February 28 2012
Quirky Question # 189:


I am the Human Resources Director at a mid-size company, with employees in eight states. We’ve recently read about the U.S. Equal Employment Opportunity Commission (“EEOC”) bringing suit against employers based on pre-employment background checks, as well as some states prohibiting pre-employment credit checks. We certainly don’t want to create potential liability for ourselves based on our pre-employment screening, but feel that criminal and credit checks are a valuable part of our recruiting process. We are beginning to feel that no matter how we proceed, we face potential liability in one way or another. Do you have any advice?

Ed’s and Jillian’s Analysis:

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