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<< Back to FAQ/Fact list Q: Can I refuse to hire an employee if I receive an unfavorable background check? A: The answer is a tentative yes, if the unfavorable information you have received is job-applicable. For example, you have a candidate who was convicted for domestic violence and has applied for a counseling position in a women’s shelter, or the candidate has a poor employment history of resigning after a short period of time on the job, and has had excessive absences (not covered by FMLA). However, if the unfavorable information you have received is not job-applicable, or is information you should not have, you may not be able to base your decision solely on the background check. For example, in the course of your check you discover the candidate has filed numerous worker’s compensations claims. It is illegal to discriminate based on the filing of worker’s compensation claims and refusing to hire this candidate solely for this reason would expose the organization to a risk of a discrimination claim. This is information you should not be asking and cannot use for your decision. When conducting background checks make sure the questions are job-related and non-discriminatory. Furthermore, it is important to have the candidate provide a written release. This protects former employers from being sued for providing accurate information. The bottom-line is if the information you have is job-related, legal information to have and may result in a negative impact to the organization, you can refuse to hire that individual. California employers: Please refer to our Alert section of our website to review new CA legislation regarding background checks.
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