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Background checks, which have long been standard in the employment process, should be used with caution.
Problems often occur when employers don’t make it clear to applicants that a background check will be conducted and that information obtained could affect their hiring decision. Even web searches that show an applicant’s publicly-available information on social media could land an employer in legal trouble if proper steps are not taken.
Employers should be prepared to show how information obtained in a background check is relevant to the position or to the company. Review your hiring practices to ensure they are compliant.
— Steve Bernstein, Fisher Phillips