Guide · Labor and Employment
Hiring and Background Checks: A Comprehensive Guide to Applications, Screening, and Offers
42 U.S.C. § 2000
- Type
- Guide
- Jurisdiction
- National
- Date
- 2026-06-21
- Topic
- Labor and Employment
This guide sets out the law governing recruitment, selection, and onboarding. It begins with the two theories of discrimination and the statutes that create them, then works through the process in order: advertising, applications, interviews, testing and selection devices, background checks, criminal history screening, verification, offers, and onboarding. Separate parts address the accommodation obligations that attach before hire, the consumer reporting sequence and its notice requirements, the state overlay of ban-the-box, salary history, and pay transparency rules, and the special contexts of remote hiring, staffing agencies, federal contractors, and regulated positions. The final parts cover recordkeeping, auditing, liability exposure by category, and the applicant's side of the process, including how to challenge a report and what deadlines apply.
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