On the subject of criminal background checks, employers are often caught between the proverbial rock and a hard place. On the one hand, use of criminal background checks can, and has, led to discrimination lawsuits in a variety of contexts. On the other, background checks can provide relevant information about candidates and can help the employer avoid a negligent hiring lawsuit. Both the Equal Employment Opportunity Commission and various courts have weighed in on this issue and the guidance they have provided is mixed. Damned if you do, damned if you don’t. This article will provide guidance on the benefits of criminal background checks and how to use them both legally and effectively.
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