Lawful Employment Screening

Full Video Transcript

Whether you're hiring a new employee or applying for a new job, the goal of the process should be to match the right person with the right job. Historically in the U.S., an employer could ask an applicant any questions he or she wished in order to screen the individual. Under modern federal law, an employer may not use race, sex, or national origin to discriminate against potential employees. Furthermore, the employer cannot ask disability-related questions or conduct a medical examination before a job offer is made. Further, employers are generally not permitted to use a lie detector test to perform screening. To counter these restrictions, if an employer can show a certain trait or characteristic is related to the open position and consistent with a business necessity, they may be able to lawfully discriminate among job candidates based on those traits or characteristics.

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