CODESP - Cooperative Organization for the Development of Employee Selection Procedures Background and Reference Investigations Questions and Answers

Question 1

A public agency uses a third-party vendor to conduct criminal background checks on finalists.
Before deciding not to hire a candidate based on information in the vendor's report, what is the agency required to do under the Fair Credit Reporting Act (FCRA)?

Accepted Answer

Provide the candidate with a copy of the report and a summary of their rights, allowing them a reasonable time to respond.

Answer

Inform the candidate that a background check will be conducted and obtain their written consent.

Answer

Immediately notify the candidate of the final decision and provide the name of the vendor used.

Answer

Contact the third-party vendor to independently verify the accuracy of all negative findings.

Question 2

Which of the following best defines the legal tort of 'negligent hiring'?

Accepted Answer

An employer's failure to exercise reasonable care in selecting an employee, which results in a foreseeable injury to a third party caused by that employee.

Answer

An employer's failure to obtain a candidate's written consent before conducting a background check.

Answer

An employer's decision to hire a candidate who is less qualified than other applicants from a protected class.

Answer

An employer's failure to provide a reasonable accommodation for a qualified applicant with a criminal record.

Question 3

The primary legislative goal of 'Ban the Box' or 'Fair Chance' laws is to:

Accepted Answer

delay inquiries into a candidate's conviction history until later in the selection process, allowing them to be first judged on their qualifications.

Answer

require employers to hire a specific quota of individuals with criminal records.

Answer

forbid employers from ever asking about or considering an applicant's criminal history.

Answer

eliminate the need for employers to conduct background checks for non-sensitive positions.

Question 4

During a reference check for an accounting position, a candidate's former supervisor states that the candidate is 'not eligible for rehire.' When asked for more details, the supervisor declines to comment further. What is the most prudent next step for the hiring agency?

Accepted Answer

Document the 'not eligible for rehire' statement and proceed with an individualized assessment, potentially discussing the matter with the candidate.

Answer

Disregard the comment as it is unsubstantiated and could be based on personal bias.

Answer

Immediately disqualify the candidate from further consideration.

Answer

Assume the candidate was a poor performer and select another finalist.

Question 5

A former employer who provides a truthful, job-related, and non-malicious reference about a past employee to a prospective employer is generally protected from a defamation lawsuit under what legal principle?

Accepted Answer

Qualified privilege

Answer

At-will employment

Answer

The Fair Credit Reporting Act (FCRA)

Answer

The Uniform Guidelines on Employee Selection Procedures (UGESP)

Question 6

When conducting a reference check with a candidate's former supervisor, which of the following questions is MOST appropriate and legally defensible?

Accepted Answer

Could you describe the candidate's job duties and their performance in carrying them out?

Answer

Did the candidate ever file a workers' compensation claim?

Answer

What was the candidate's exact starting and ending salary?

Answer

Is the candidate married or does she have plans to start a family?