Background screening is more challenging than ever for employers. Consider just the following: the risk of negligent hiring, inadequate practices by background-screening firms, application authorization forms, the Equal Employment Opportunity Commission’s (EEOC’s) guidance on hiring individuals with criminal backgrounds, “ban-the-box” laws, and adverse action letters.
Negligent hiring claims remain a liability risk for employers. These claims basically mean an employer is responsible to exercise due diligence that someone they hired doesn’t pose a risk to team members or the public. The standard is what the employer should have known, not