Reference Checking/ Criminal Background Check

King

Can employers be selective re. the need for reference/background checks? Are there guidelines? Can the decision be made based on position / responsibilities, by FLSA status (i.e. all exempt), by applicant or is it recommended it be all or none?

System

Any differences should be based on job descriptions and the potential harm an employee in this position could do to others. For example, it would be logical to do criminal checks for employees who will go to customers' homes or handle large amounts of money, but not for ordinary office workers.

I definitely would NOT make a person-by-person decision or base it on exempt/nonexempt. A minority applicant could accuse you of using those processes to weed out minorities. You'd have a hard time disproving this accusation in court.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Gracie

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