Compliance Perspectives

By Adam Turteltaub It may be time to rethink background checks.  Brent Douglas (LinkedIn) partner at the law firm Hahn Loesser, explains that their use has been greatly reduced in many industries. This reflects the increase in the number of what are known as “ban the box” laws, which prohibit employers from asking job applicants to tick a box if they have a criminal history. He also warns that in some jurisdiction screening applicants wholesale for criminal backgrounds may not be permissible. Only after a job offer has been conditionally made can a firm conduct a check. That doesn’t mean background checks are always prohibited. In certain industries, such as healthcare, defense and transportation they are often obligated. Even screening for marijuana usage may be permissible, but be careful. California, starting in January 2024, will enforce a new testing methodology. If your organization conducts background checks, it may be best to have a third party conduct it for you. This both leverages their experti