Criminal Background Check Laws Can Complicate Hiring Decisions

, New York Law Journal


Mitchell Boyarsky, a partner at Gibbons, and Peter J. Dugan, an associate at the firm, write that employers may hesitate to hire individuals with a criminal record, whether to mitigate the risk of liability for a "negligent hiring" claim or to minimize the opportunities for employee misconduct. However, New York State and the EEOC have both challenged the extent to which employers may consider criminal histories in the selection and retention of employees.

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What's being said

  • Lou B.

    I think it's important to point out that there are many different levels of background checks. Not all background checks will pull up anything incriminating at all. It depends on where the employer gets his background checks and how much he wants to spend. Many smaller employers do not have the money to get extensive background checks done. The ones they can afford might be limited to only court cases and other public info.

    There's a good website called that explains the difference between background check types and what they can uncover. They don't sell anything, but they have some good articles on the inner workings of background checks that may be helpful for those looking to understand the subject a little better.

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