In the last decade, the legal landscape has made it more difficult for employers to order background check reports and to consider information and take action based on reported information. Employers continue to order them, however, due to their interest in protecting their property, information, and workforce. In this white paper, industry experts Pamela Devata and Jennifer Mora discuss the top five legal requirements and considerations to help avoid costly litigation, including:
1. Disclosure and authorization requirements
2. Pre-adverse and adverse action requirements
3. State and local ban the box and fair chance laws
4. Assessing criminal history information
5. Relationships with third parties and contingent workers