Federal law does not prohibit employers from conducting background checks before an offer of employment is made.
State laws, however, may have restrictions. Although in most states a standard background check can be conducted prior to an offer, a small number of states do not allow it. Other states may limit what type of information you may request before an offer is made, such as sealed or expunged records; arrests that did not lead to convictions; or even certain offenses or those of a certain age. In addition, many states have passed "ban-the-box" legislation, which prohibits employers from asking certain criminal history questions at various times during the interview and selection process.
In light of these restrictions, employers should consult with their attorney and their state labor departments to ensure they are in compliance with state law. This is particularly important for multistate employers that may not be able to have one policy for all locations.
An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.
Related Content
HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado’s upcoming AI law.
The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.
Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.