Interviewing/Hiring – Legal Update

Jan 17, 2018 by

Effective January 1, 2018, employers may not inquire in an interview into the criminal record or conduct a background check of job applicants until after extending a conditional offer of employment.  Employers may also not inquire into prior salary history of job applicants.  If after an employer offers an applicant a position it learns of criminal history that may have a direct and adverse relationship on the applicant’s specific job duties, it may rescind the offer.  If it does, the employer must provide the candidate with written notice of the basis for rescinding the offer and give them an opportunity to challenge it.

If your job application forms or standard interview questions contain criminal background or prior salary history questions, you should eliminate them effective January 1.

The update in the law regarding criminal history is designed to give felons a fair chance at finding employment.  As you might expect, rescinding offers should be done with the utmost care to avoid lawsuits for discrimination or wrongful termination.

If you have questions regarding the new laws applicable to interviewing and hiring employees, please do not hesitate to contact us.

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