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Can employers face liability for failing to conduct pre-employment background checks? What background information may employers consider? Should a 20-year-old homicide conviction preclude someone from driving a bus? These are some of the questions arising in the wake of a recent tragic bus accident involving a driver with a criminal record.
Based on this tragic story, employers are reminded to determine if their employee-screening strategy is both legal and adequate. Inadequate precautions may lead to disaster (and, obviously, claims by customers, employees, and others). Failing to follow federal and state rules on background screenings may lead to civil rights charges or claims under the Fair Credit Reporting Act (FCRA) by rejected applicants. Below are some of the major issues involved in developing an appropriate strategy. But first, a consideration of the facts of the recent tragedy reveals some practical challenges and potential consequences.
