Hiring new employees is more difficult today than it has ever been before. The pervasive nature of social media, the legalized use of previously-illegal drugs, and increased concern for protecting individual and company confidences all pose potential barriers in making hiring decisions. Employers of all sizes are well-advised to implement legal pre-employment screening measures before hiring the wrong person for the job.
Michigan law permits employers to implement several types of pre-employment screens. Employers can:
- Conduct credit background checks under the Fair Credit Reporting Act.
- Conduct criminal background checks and drug screens.
- Use social media, including personal Facebook, Instagram, and Twitter accounts to screen potential new hires.
However, employers must be certain that they are following applicable laws when conducting pre-employment screens. In general, employers should obtain written consent from potential new hires when performing pre-hire tests or screens.
Contributed by David J. Houston, Member of Dickinson Wright PLLC.
View the on-demand webinar “Pre-Employment Screening: Legal & Effective Use in Hiring” with David Houston.