Background Checks

Beware criminal-record questions that ignore state rules

02/23/2026

It’s often tempting to ask applicants to explain any gaps in their work history on job applications. But asking that simple question can reveal information you don’t want to have, like their criminal history. That’s especially troublesome if you operate in a state with strict rules about using an applicant’s criminal record to make the hiring decision.

New York bans credit history in hiring: What HR must do before April

01/12/2026

Governor Kathy Hochul signed legislation on Dec. 19 that will prohibit New York employers from using credit history in employment decisions. The law takes effect April 18, giving organizations exactly 120 days to overhaul their screening practices.

Smarter hiring starts with these steps

10/17/2025

Hiring decisions are among the most consequential choices an organization makes. A single mistake can ripple across productivity, morale and even legal compliance.

Newly proposed bill targets credit checks in hiring

10/06/2025

Employers increasingly face scrutiny over the use of credit history in hiring—a practice critics argue has little to do with job performance but a lot to do with discrimination. A new proposal in Congress seeks to change that.

What to do if you revoked job offer because of erroneous background check

01/13/2025

You probably rely on an outside vendor to run background checks on job applicants. They usually deliver accurate reports that weed out candidates with disqualifying criminal histories—but not always. What should employers do when they discover such a mistake?

Here come the new state employment laws for 2025

12/06/2024

States are emerging as prime sources of new employment-related laws. Here is a sampling of new laws scheduled to go into effect on Jan. 1, 2025, or soon after.

Employers beware: Negligent hiring concepts still apply

11/13/2024

The concept of negligent hiring—and employers having to pay for the damage that may result—predates modern employment laws. It is based on the legal concept that employers are liable for illegal or negligent acts their employees commit if the employer knew or should have known that hiring the person would put others at risk.

Follow best practices for criminal-conviction screening

05/31/2024

You could wind up facing a discrimination lawsuit even if you had no intention of discriminating against anyone for any reason. How? By using a seemingly neutral and reasonable pre-interview screening question that has a disparate impact on a protected class.

4 metrics for measuring background-screening efficiency

02/21/2024

At least 94% of employers perform some kind of background screening on job applicants before they hire. That doesn’t mean all those checks were conducted efficiently. Let’s look at four metrics that companies can use to measure the performance of their background-screening providers.

$4.35 million lesson: Ensure safety of teenage workers

02/20/2024

Many teens as young as 14 work fast-food and retail jobs. They’re often not aware of their rights in the workplace, what constitutes harassment and where they can turn if they are harassed—or worse.