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● Apply the same standards to everyone, regardless of their
race, national origin, color, sex, religion, disability, genetic
information (including family medical history), or age (40
or older). For example, if you don’t reject applicants of one
ethnicity with certain financial histories or criminal records,
you can’t reject applicants of other ethnicities because they
have the same or similar financial histories or criminal
records.
● Take special care when basing employment decisions on
background problems that may be more common among
people of a certain race, color, national origin, sex, or
religion; among people who have a disability; or among
people age 40 or older. For example, employers should not
use a policy or practice that excludes people with certain
criminal records if the policy or practice significantly
disadvantages individuals of a particular race, national
origin, or another protected characteristic, and does not
accurately predict who will be a responsible, reliable, or
safe employee. In legal terms, the policy or practice has a
“disparate impact” and is not “job related and consistent
with business necessity.”
● Be prepared to make exceptions for problems revealed
during a background check that were caused by a disability.
For example, if you are inclined not to hire a person because
of a problem caused by a disability, you should allow the
person to demonstrate his or her ability to do the job –
despite the negative background information – unless doing
so would cause significant financial or operational difficulty.
FTC
When taking an adverse action (for example, not hiring
an applicant or firing an employee) based on background
information obtained through a company in the business of