SCREENING EMPLOYEE CANDIDATES

With all the various methods to perform screening of applicants prior to offering out a position it becomes confusing as to what methods are legal and most effective. Even the questions you ask can be considered illegal and could have legal consequences if he or she feels that they were unfairly denied employment.

The following information will hopefully give you some ideas regarding the screening process.

LEGAL or RECOMMENDED ACTIONS

• Drug test, biggest problem facing employers today.

• Background check such as calling references.

• Credit check if you get the candidates written permission. Many companies will allow you to look at Department of Motor Vehicle reports (with the exception of Massachusetts).

• Can ask for prior W2 forms as part of a credit check.

• For management hires, perform tests on perceptual and vocational evaluations. Though expensive, applicants will in most instances appreciate the commitment shown by the potential employer.

• Questions such as: Were you ever convicted of a felony crime?

NOT LEGAL or ACTIONS TO AVOID

• Polygraph testing for pre-employment is illegal since January 1989. Polygraph testing can only be used if their is a reason to doubt an existing employee (such as a theft where an employee had access).

• Can not refuse to hire an alcoholic. Alcoholism is considered to be a disability. Can only deny a position if its determined that it would limit performance.

• Personality tests could be used against you in a discrimination suit if you did not hire the applicant. Many times the candidate can file a case with the state at no cost while the employer would be faced with obtaining their own legal counsel.

• Questions such as: Place of birth? Were you ever arrested? What is your age? Are you married?