Legislation concerning privacy has become more common in recent years, leaving many employers to wonder how to operate within legal compliance when screening candidates. We help employers stay on top of the latest changes.
In 2021, 23 states introduced privacy legislation. While many of the proposals did not advance into law, others have, and the increased concerns about privacy are likely to continue. Some particular items of note are the California Privacy Act (also known as Prop 24) which is expected to expand on January 1, 2023, and the Michigan Supreme Court’s amendment to redact Date of Birth from court records, effective April 1, 2022. While protecting personal information is a valid concern, it also complicates background checks and creates new risks for making hiring decisions based on them.
We provide pre-employment background checks for employers across the nation, so their team stays abreast of all the ongoing changes regarding privacy legislation. They advise that HR departments must be more careful than ever while navigating the intersection of established employment practices and emerging privacy laws. The following are some questions to consider:
- Are credit checks relevant to the position applicants are being considered for?
- Are all applicants provided a copy of their credit report and a written description of their rights?
- Are your hiring decisions aligned with the Equal Employment Opportunity Commission’s guidance?
- Is the data collected during the hiring process sufficiently protected?
- Is the data gathered about applicants who are not hired disposed of properly?
- Are hiring managers prevented from making decisions based on information collected from social media about candidates’ political and religious views?
While the current recommendations and requirements regarding job candidate privacy vary from area to area, these questions can help employers nationwide shape a consistent hiring process while still considering new legislation.