Reduce Hiring Risk
Know the Risk
Negligent hiring happens when an employer fails to verify that a prospective employee may present a danger to the organization. If an employer is not diligent in verifying a worker’s background and that worker harms someone, that employer could be responsible for the worker’s actions. A thorough employee background check helps you make an informed decision.
Verifying an individual’s background can also help reduce an employer’s risk of a negligent hiring claim. Some states have passed legislation that protects businesses from negligent hiring claims when hiring ex-offenders.
Ban the Box is in 36 jurisdictions and delays when an employer can ask about a candidate’s criminal history. There may also be requirements that may limit the types of criminal information that an employer can consider when making their hiring decision.
Employers should create policies that promote fair hiring practices. Employers are encouraged to following the Equal Employment Opportunity Commission’s guidance and consider:
- The nature and gravity of the crime
- The time that has passed since the crime or completion of the sentence
- The relationship of the crime to the worker’s ability to perform the job without reasonable cause of harm to the organization
Employers should adjust their background screening practices to fit the jobs. Note that one type of background check does not fit all positions. The background check should match the job.