White Paper: Employee Screening Procedures (Business Edition)

How can businesses design employee screening procedures that are thorough, compliant, and defensible?

This White Paper explains the federal and state laws that shape pre-employment screening, including the ADA, GINA, Title VII, and FCRA. It details what employers may and may not ask during pre-offer and post-offer stages, and when medical or psychological exams are permissible. It also reviews liability risks like negligent hiring, privacy claims, or unlicensed psychological testing, while noting protections such as consistent procedures and confidentiality rules. Finally, it highlights the balance between preventing negligent hiring claims and avoiding overly invasive practices, recommending clear job descriptions, lawful assessments, and professional oversight to protect both candidates and employers.