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 FREQUENTLY ASKED QUESTIONS Q If I elect to not hire a prospective employee based on a consumer report, what notification is required? A Employers are required to send a PRE-ADVERSE ACTION NOTIFICATION and a POST-ADVERSE ACTION NOTIFICATION to any prospective employees who they choose not to hire. Q Should employers or landlords accept a copy of raw data from criminal courts? A Absolutely not! Records of arrest have been deemed to be discriminatory and must not be factored into your decision making process. Do not receive, view, or maintain in your files raw data from the courts, arrest records or dispositions which do not result in a finding of guilt. Q Can an employer be exposed to negligent hiring liability because a job applicant's previous employer withheld reference information? A No. A previous employer’s failure to be forth coming with reference information has no impact on a subsequent employer’s exposure to negligent hiring liability. Negligent hiring focuses exclusively on a prospective employer’s lack of difference in the hiring process. Q What businesses are most sued in rape/sexual assault cases? A Multi family housing communities are prime targets named as defendants in 58% of rape/sexual assault cases filed. Hotels/Motels are named in 14% of suits and retail outlets in 7.3%. Q May an employer factor a prospective employee's arrest record in its employee selection criteria? | ||||||||||||||||||||||||||||||||||||||||||||
