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Negligent hiring and discriminatory hiring practices

Author: Pinnacle Investigations

How can organizations strike the balance between doing their legal due diligence to create a safe workplace and maintain compliance with federal and state guidelines?

On the one hand, Business leaders want to build a safe, secure workplace free of violence, harassment, and theft which can be achieved in part with thorough background checks. Unfortunately, many organizations are using an inferior background check which doesn’t protect them the way they think it will, or not running background checks at all which can land you in court with a costly negligent hiring suit.

On the other hand, there are some organizations that are going too far by creating bright-line policies and discounting all applicants without individual consideration.  It isn’t always easy to spot the violations.  Many people make the assumption that if they stay away from blatant practices then they will be safe from suits filed by individuals or the EEOC for discriminatory hiring practices.

Fact is, there are many reasons companies have been sued for violations including superfluous information on consent forms, bright-line policies, and not following the adverse action process when the decision not to hire has been made.  According to the guidance provided by the EEOC, such practices can have a disparate impact on minority groups. Staying updated on these regulations will help you to develop policies and procedures that ensure your company is creating a level playing field and not unintentionally discriminating against groups of protected class designation. 

Pinnacle offers ongoing educational webinars to help navigate the ever-changing legislative landscape in Background Screening.  We are also happy to answer your specific questions, just contact us. A background company should work with clients as an invested partner to help strike the balance and adhere to the FCRA while creating a better workplace.


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