b'physicals until after a prospective employee is given an offerthat you can see their profile. If you do, be wary because you of employment, conditional only on the physical screening.Allmay be exposed to information about protected characteristics other background checks and other impediments to hire must beyou do not want to know about. passed before testing may begin.If an employer decides not to hire the applicantbased on the results of the exam or because ofNo openings at this time:Sauls Supermarket gets applications a disability, they must give the applicant the reason within ten days.non-stop even when it is not hiring because the front office clerk keeps giving the form out. Saul goes through the applications When can I start drug testing: You can drug test potential newabout once a month and tosses out the ones he does not like hires. You need to be sure to use a licensed testing companyand holds on to those he does. Has Saul done anything wrong?that confirms its results with a gas chromatograph and be sureOf course, you know I would not have floated this point unless to get written consent from the applicant. there was a problem. Employers who cherry pick applications to hold may be perceived as discriminating because they are not Are pre-employment polygraphs legal: See the section on thegiving equal consideration to all applicants. In the hands of an Employee Polygraph Protection Act (EEPA). Simply put, youangry prospective employee, that might be enough for a claim cannot give a polygraph, but there may be other pen and paperthat becomes a lawsuit. Either toss them all or keep them all.psychological tests that give comparable results. What Should I Do:Common Situations: Good:Makesureyourapplicationformisneutralinits The Pepsi challenge: Can you refuse to hire any person forquestions. Obtain consent for all background checks with clear any position because they have been arrested or convicted ofnotification that it may be the basis of an employment decision. a criminal offense? Pepsi found out: No. The EEOC considersFor applicants under 18, get parental consent. Avoid questions it potentially discriminatory to use arrest and criminal convictionthat suggest discrimination during the interview.histories as a blanket basis not to hire someone. The EEOCs logic? African Americans are arrested and convicted of crimesBetter: In addition to the items above, prepare a formal job moreoftenthananyotherrace.Unlessthebusinesscandescription before beginning the hiring process.Have applicants demonstrate some sort of necessity for considering arrests as aansweronpaperabouttheirabilitytomeettherequisites factor, they should not be used. of the job description and sign off on it. If they lie about their qualifications or overstate them, you will have great evidence to UserIDandpassword,please:CalvinCautiousrequiresdefeat their unemployment benefits claim.job applicants to hand over their Facebook password so he can review their account for indiscretions before hiring them. Best: Alloftheabove,plushaveyourcounselreviewyour Is Calvin out of bounds?It depends on your point of view. application forms, consents, and pre-hire testing procedures.Facebook has a policy that its members cannot share theirAlso, consider hiring a third party to do Internet checks to get password with anyone. Of course, the applicant is the only oneinformation sanitized for protected class information.who would suffer for violating the policy. Even so, it just does not feel right to ask an applicant to violate policies to get a job working for you.What message does that send? Of course, that doesnt mean you cannot require the applicant to friend you so 2'