March 18, 2015 | Comments Off on Pre-Screening Job Applicants
Posted by Ari Burd
As I noted in a recent blog post, New Jersey now prevents employers from asking applicants about criminal convictions in the initial job application and interview. Certain municipalities even have their own rules on the subject. However, this is only one of many laws pertinent to pre-screening job applicants that employers must be wary of. Employers must abide by the Fair Credit and Reporting Act if they intend to perform a criminal or credit background check. This means obtaining the applicant’s permission before performing the check, letting the applicant know if the employer intends to disqualify them based on something in the background check, etc. Additionally, employers risk running afoul of the Equal Employment Opportunity Commission if they automatically disqualify all applicants with criminal convictions. To avoid these pitfalls and for more information about what is and is not permissible under the law, please contact the GH&C Labor and Employment Dept.