JSH Reporter Summer 2014 - Page 16

BACKGROUNDCHECKSARTICLE 016 BACKGROUND CHECKS CO-AUTHOR: Michele Molinario CO-AUTHOR: John DiCaro EMAIL: mmolinario@jshfirm.com EMAIL: jdicaro@jshfirm.com BIO: jshfirm.com/michelemolinario BIO: jshfirm.com/johnmdicaro HELPING EMPLOYERS NAVIGATE THE BATTLE BETWEEN NEGLIGENT HIRING AND DISCRIMINATORY HIRING PRACTICES “By implementing a strong background investigation policy and using that policy in conjunction with a carefully tailored applicant screening process, employers can protect themselves from negligent hiring claims while still meeting the standards set forth under Title VII.” With quick and easy electronic access to personal information at an employer’s fingertips, employers must learn how to properly utilize such information in the hiring process. The failure to perform adequate background checks can open an employer up to liability for claims based on negligent hiring. These claims can have a negative impact in the marketplace, adversely affect employee morale and be costly to defend. On the other hand, improper use of background checks during employee screening can expose employers to civil rights violations. These opposing pitfalls require employers to perform a precarious balancing act and to understand the liability to which they are exposed. Employers need to develop a hiring process that effectively insulates them from both negligent hiring and civil r Y