Failure to adequately check or test the background of applicants can result in harm and liability for negligent hiring and reckless endangerment. BUT the "victims" of improper background investigations also have legal challenges under the Fair Credit Reporting Act, discrimination laws and invasion of privacy cases. The EEOC has issued rules governing the improper use of criminal record background checks and is now filing cases against employers. However, other laws require these same record searches. Can you be caught between conflicting laws?
The hiring process can result in finding the ideal employee, OR in legal liability. A major cause of liability is improper pre-employment testing. The tests or manner of administering them too often violate the ADA, Title VII and other discrimination and privacy laws. The ADA requires validity for testing.
- Financial Institution Legal Requirements
- What is Required?
- Mortgage Loan Originators - SAFE Act
- CFPB Rules
- EEOC/Title VII
- Fair Credit Reporting Act - FCRA
- Family and Medical Leave Act
- Americans with Disabilities Act
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