Friday, April 27, 2012
Department of Labor issued new rules regarding employers' use of background checks on applicants on April 26, 2012. These new rules make it clear that employers may not ask applicants about arrests in their application and cannot use arrests that appear on background checks in making their hiring decision. Further, every employer must justify the need for the type of background check used for each position. Every employer must develop a process of targeted screening of applicants that includes a detailed examination of the nature of the crime, the time elapsed, and the nature of the job for every applicant with adverse entries in the background check. Every employer must also adopt a policy that provides an opportunity for an individualized assessment for those individuals identified with adverse entries in the background check, to determine if the screening policy as applied is job related and consistent with business necessity.