Report Eases Concerns of Negligent Hiring Liability for Employers Hiring Ex-Offenders


Report Eases Concerns of Negligent Hiring Liability for Employers Hiring Ex-Offenders

A report released by the Legal Action Center (LAC) in collaboration with the National Workrights Institute (NWI) in July 2023 provides crucial information that aims to alleviate concerns about negligent hiring liability so employers can safely tap into an expanded talent pool of qualified job seekers that include ex-offenders with a past criminal record.

The report titled “Second Chance Employment: Addressing Concerns About Negligent Hiring Liability” examined every negligent hiring decision disclosed by a computer-assisted search since the cause of action was first recognized in 1974 up until 2022, according to a press release from the LAC about the report.

The report found that “the risk of negligent hiring liability is far less than many employers believe and exists only in a relatively small number of specific jobs with clearly defined risks, including: contact with vulnerable populations; operation of a motor vehicle; access to financial assets; access to homes; use of force; firearms; and alcohol.”

The report also revealed that for “jobs that do not involve any of these risks, such as the vast majority of office and factory jobs, negligent hiring liability is virtually non-existent. Additionally, in the case of drug-related offenses, the study found no instances in which a conviction for simple possession led to negligent hiring liability.”

In addition, the report included recommendations on extra steps employers can take to mitigate risk, such as using a qualified Consumer Reporting Agency (CRA), which is also part of the recommended processes covered by the LAC and NWI in their 2014 report titled “Best Practice Standards: The Proper Use of Criminal Records in Hiring.”

“Conviction records alone do not provide employers with the complete picture of what someone can offer a company. And as our findings show, when these records are relevant, employers can take simple measures to minimize their exposure to risk,” Lewis Maltby, president and CEO of NWI and principal author of the report, stated in the press release.

ClearStar is a CRA and a leading global Human Resource technology company specializing in background checks, drug testing, and occupational health screening. ClearStar offers a “Ban the Box” Laws Interactive Map so employers can stay updated on fair chance hiring laws that advance job opportunities for ex-offenders. To learn more, contact ClearStar.

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    Thomas Ahearn - Digital Content Editor

    Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), identity theft, privacy, social media screening, and workplace violence.

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