Screening reduces risk and creates it, and the design determines which predominates.
Job-relatedness. Screening criteria should relate to the position’s duties. A driving record for drivers, a credit check for those handling funds where lawful, and criminal history assessed against the role.
Individualised assessment of criminal history — the nature and gravity of the offence, the time elapsed, and the nature of the job — rather than a blanket exclusion, which produces disparate impact claims.
Ban-the-box timing rules restricting when criminal history may be asked, and in several jurisdictions requiring a conditional offer first.
Credit history restricted or prohibited for most positions in a number of states.
Consumer report procedures — standalone disclosure, written authorisation, pre-adverse action notice with a copy of the report and a summary of rights, a reasonable waiting period, and an adverse action notice.
Salary history bans and pay transparency obligations at the offer stage.
Consistency. The same screening for the same role, documented, because selective screening is evidence of discrimination.
Retention of the screening file separately from the personnel file, with a defined retention period.
Vendor oversight, since the employer is responsible for the process.