Legal Lessons to Apply to Your Screening Process

Legal Reasons to Apply to your screening processAccording to predictions, millennials are expected to outnumber Baby Boomers in the workplace. The Society for Human Resource Management outlined five challenges to hiring this growing generation of workers — or any candidate for that matter:

  1. Social media searches – Personal social sites are not always privacy protected. So information about a candidate’s religious affiliation, national origin, sexual orientation, marital status or health condition may all be prohibited under state and federal anti-discrimination laws.
  2. Digital natives and age discrimination – Millennials, currently under the age of 33, are not direct targets for age discrimination. But here’s the rub — the hiring criteria you use to attract Millennials might be at the expense of those older 40-somethings who are protected by the Age Discrimination in Employment Act (ADEA) and other similar state laws.
  3. Driving records – If a licensed driver with a clean driving record is your target, that might not be a big deal. But like all parts of a pre-employment background check, you want to make sure that the information you are seeking is relevant to the job at hand.
  4. Credit – Credit is already a slippery slope, with many states prohibiting use of credit for pre-employment screening. But for positions in financial institutions or with fiduciary responsibilities, credit information is already a sensitive topic for many job candidates.
  5. Job history and verifications – According to Data Facts blog, “a whopping 91% of Millennials don’t expect to stay at a job for longer than 3 years.” All of this leaves a prospective employer with less to work with in terms of reference checking and verifications. But note that the use of personal references and investigative reports may also necessitate additional notices and further legal compliance under the Fair Credit Reporting Act.

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