Background Checks and Testing

You may want to administer a variety of tests to all or some job candidates. When you can administer tests varies based on the attribute being tested. You must also be concerned with the validity of the tests that you administer. The tests must be job related and accurate predictors of success in the job for which the candidate is being considered.

  • Checking References

    Checking ReferencesThough there isn’t a specific law requiring that you check a candidate’s references, courts have held employers liable for negligent hiring for certain acts of their employees, which the employer knew or should have known might occur.  More »

  • Physical Examinations

    Physical ExaminationsYou can require an employee to undergo a physical examination, at your expense, before beginning employment but after a job offer has been made.   More »

  • Drug and Alcohol Tests

    Drug and Alcohol TestsCalifornia courts have drawn a distinction between the rights of job applicants and the rights of employees in the area of drug testing.   More »

  • Polygraphs and Lie Detector Tests

    Polygraphs and Lie Detector TestsThe Employee Polygraph Protection Act of 1988 places stringent regulations on employers’ use of polygraphs, extremely limiting their usefulness.  More »

  • Written Honesty Tests

    Written Honesty TestsHonesty tests can be viable alternatives to lie detector tests, but you must administer them carefully due to current uncertainty as to how legislatures and courts will treat them.  More »

  • Psychological Tests

    Psychological TestsPsychological testing is rarely allowed. You must justify psychological testing by a compelling interest.   More »

  • Obtaining Credit Reports

    Obtaining Credit ReportsBoth federal and state laws restrict the use of credit information in the hiring process.  More »

    Read about new 2012 legislation.
  • Obtaining Investigative Consumer Reports

    Obtaining Investigative Consumer ReportsInvestigative consumer reports go further than credit reports by supplying information about the character, general reputation, personal characteristics and mode of living of the subject of the report.  More »

    Read about new 2012 legislation.
  • Obtaining Background Checks and Investigations by Employers

    Obtaining Background Checks and Investigations by EmployersYou can conduct an investigation, such as a background check, into an individual’s character, general reputation, personal characteristics or mode of living.  More »

  • Obtaining Criminal History

    Obtaining Criminal HistoryFor employers who must perform background checks that include criminal offender records, the California Department of Justice (DOJ) will only accept fingerprint images transmitted electronically.   More »

    ​Read about new 2012 regulations.
  • Investigating Wrongdoing or Harassment

    Investigating Wrongdoing or HarassmentThe 2003 Fair and Accurate Transactions Act permits third-party workplace investigations if they “are not for the purpose of investigating employee credit.”  More »