Navigating the realm of employment screening can be like trying to understand a foreign language for many hiring managers and business owners. However, understanding this jargon is crucial to ensuring a fair, efficient, and legally compliant hiring process. Here's a glossary of essential legal terms that you should know:
Adjudication:
This is the process of evaluating a candidate's background check results against pre-established criteria to make informed hiring decisions. This step is vital to assess any potential risks associated with a candidate's background.
Ban the Box:
This is a campaign aimed at removing the check box that asks if applicants have a criminal record from hiring forms. Its goal is to prevent discrimination against applicants with prior convictions and encourage employers to assess job candidates on their qualifications first.
Adverse Action:
In employment screening, this term refers to any action that denies an individual employment based on the results of a background check. Employers are required to follow specific procedures outlined by the Fair Credit Reporting Act (FCRA) when taking adverse action.
FCRA (Fair Credit Reporting Act):
The FCRA is a federal law that regulates the collection, dissemination, and use of consumer information, including consumer credit information. In the context of employment, it sets standards for employment screening and the use of background checks.
Individualized Assessment:
This is a process where employers consider the context and circumstances around a candidate's criminal record. It's a part of a fair hiring practice that allows candidates to provide additional information about their background and qualifications.
Pre-Adverse Action Notice:
A warning to candidates that they may not be hired based on background check results.
EEOC (Equal Employment Opportunity Commission):
A federal agency that enforces laws against workplace discrimination.
Sanction Checks:
Screening to identify individuals barred from certain professions or actions.
Credential Verification:
Confirming the validity of a candidate's professional licenses or educational qualifications.
Compliance:
Adherence to laws and regulations in the employment screening process.
Discrimination:
Unfair treatment of a candidate or employee based on protected characteristics.
Negligent Hiring:
Liability incurred from hiring an employee who causes harm due to a foreseeable risk.
Navigating these legal terms is just the beginning of mastering employment screening. Hiring managers and employers should always stay informed and updated on the latest laws and best practices to ensure a legally compliant and effective hiring process. Remember, while this glossary provides a foundation, always consult legal counsel for comprehensive guidance tailored to your organization's specific needs.
