White Paper: Employee Screening Procedures

How can ministries screen employees effectively while staying compliant with employment law?

Learn the legal limits on pre-employment screening under the ADA, GINA, Title VII, and other statutes, along with related liability issues. It explains what screening is allowed at the pre-offer, post-offer, and employment stages, and the risks of improper testing. It also outlines religious exemptions and the ministerial exception, showing how ministries can integrate spiritual criteria with legal compliance. Practical guidance is offered for crafting defensible job descriptions, using licensed professionals for psychological testing, and balancing screening rigor with liability risks

 

This white paper outlines the requirements of the major federal laws addressing what an employer can and cannot do during a candidate screening process. It then explores how other issues of liability may arise from improperly implementing an employee hiring process. Finally, the paper addresses how exemptions and exceptions uniquely available to religious employers may change the screening process, and provides some practical principles to minimize the risk of liability while finding the ideal candidate.

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Because of the generality of the information on this site, it may not apply to a given place, time, or set of facts. It is not intended to be legal advice, and should not be acted upon without specific legal advice based on particular situations