In this article, we'll look at the rules for firing at-will employees and what your company can do to protect itself from charges of firing discrimination.
To Check or Not to Check? Straight Talk about EEOC Guidelines for Conducting Criminal Background Checks
While background checks may seem to be a valuable tool for spotting resume fraud or heading off negligent hiring claims, they can also land a company in hot water if an applicant claims the company used its criminal background check policy to discriminate unfairly. The EEOC recently released a warning that it would vigorously prosecute claims of discrimination based on background checks. With the risk of a negligent hiring suit on one side and the risk of a discrimination suit on the other, how can a company stay in compliance?
Most hiring managers would love to ask revealing (although, unfortunately, illegal) questions when interviewing job candidates. But as we all know, asking improper interview questions can lead to discrimination or wrongful-discharge lawsuits. So how do you get the information you need without putting your company at risk?
Statistics show that 35 percent of adult Internet users have profiles on at least one social networking site, 75 percent of job recruiters use the Internet as part of the screening process and 25 percent have eliminated candidates based on information found. In addition, the information obtained may not be accurate. However, these sites may contain mistakes or exaggerations or may be maliciously planted.