Continuing on with our pre-employment screening laws, there are these things to consider:
Driving Records – These types of checks are utilized for two reasons. The first is if the job will entail driving a company vehicle and because driving will be part of the candidate’s job, this request is legal. The second reason you may want to use driving record history checks is that often you can feel confident if the candidate follows the rules of the road, they are generally responsible. This is also legal to request as long as the employee agrees to it.
Drug-Testing – Even though the US Department of Labor does not regulate drug-testing, they do accept it as a pre-employment screening tool. As an employer, you can implement this policy, however, it must be fair across the board (see the Department of Labor link on page one to help set up your drug-testing program).
Interviews – Here is where some employer’s lack a good working knowledge of pre-employment screening laws. During the interview it is illegal to ask a person’s age, religious beliefs, if they have children or are pregnant, are married or divorced, or what their sexual preferences are. It is also illegal to ask about personal problems, mental health disorders or disabilities—unless the job description calls for heavy lifting or some other task one must perform—however, you job application should have a place that states, “Is there any reason why you couldn’t perform the requested job duties?" Employers would do best to let that job application answer this question.
While you are allowed to ask if the candidate is legally able to work in the United States, you can’t ask them or request education file evaluations, medical records or even military records. You can request the candidate obtain or allow you to obtain these records by signing an agreement to release, however, the questions themselves or attempting to attain them on your own is not legal.