Spencer Fane Partner Ron Fano recently authored an article in the June 12th edition of Bloomberg BNA’s Corporate Law & Accountability Report this past week, offering advice on the prevention of discrimination lawsuits, which can be both costly and damaging to a company’s reputation.
The article, titled “Tips to Avoid Discrimination Lawsuits During the Hiring Process,” focuses on considerations employers should make during the hiring process, specifically in regard to conducting background checks.
“Employers can, and in many cases should, conduct background checks on potential new hires. Background checks actually protect employers from some forms of possible litigation, such as negligence claims, health and safety violations or immigration noncompliance,” Fano writes. “Even still, employers must be careful not to discriminate against potential new hires due to the information obtained through background checks.”
In an effort to avoid unintentional discrimination during a background check, Fano recommends employing a number of practices including obtaining permission from the applicant to conduct the background check, implementing and consistently following a standard procedure for all background checks and avoiding the use of social media as part of the process. Fano also shared his insight on the use of credit checks and the appropriate circumstances and methods with which to conduct those as well.
To learn more on how to avoid discrimination during the hiring process, read the full article here.