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10 Key Considerations When Using Criminal History in Hiring Decisions
Minimize the risk of negligent hiring liability by considering these key best practices.
Choose a Reasonable 'Look-Back' Period
Several states have regulated the length and/or the beginning date for this look-back period by state statute.
Avoid Asking About Convictions in the Application
While there are exceptions, job postings or announcements generally should not refer to criminal background checks.
Confirm All Conviction Data From the Original Source
Any reliable report must search the records available from the courts in the county and/or state where the candidate resided.
Consider All Evidence Relevant to Rehabilitation
The EEOC identifies several factors that are appropriate to consider when assessing an applicant's fitness for the position.
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