USA Pre-Employment Screening 3 — Questions and Answers
Question 1: A background screening company discovers that an applicant's Social Security number is associated with a different name in federal records. What is the most appropriate next step for the employer?
- Immediately terminate the hiring process
- Allow the applicant the opportunity to explain the discrepancy before making a decision (Correct answer)
- Report the applicant to immigration authorities
- Demand the applicant provide a new SSN
Correct answer: Allow the applicant the opportunity to explain the discrepancy before making a decision
Discrepancies may result from name changes, clerical errors, or identity theft, so the employer should give the candidate a chance to clarify before acting.
Question 2: Under I-9 rules, within how many business days of a new hire's first day of work must an employer complete Form I-9 verification?
- 1 business day
- 3 business days (Correct answer)
- 5 business days
- 10 business days
Correct answer: 3 business days
Employers must complete Section 2 of Form I-9 (document review) within 3 business days of the employee's first day of work for pay.
Question 3: Which federal agency enforces compliance with E-Verify requirements for federal contractors?
- EEOC
- DOJ Office of Special Counsel
- USCIS and DHS (Correct answer)
- Department of Labor
Correct answer: USCIS and DHS
U.S. Citizenship and Immigration Services (USCIS), under DHS, administers E-Verify and DHS enforces compliance for federal contractors required to use it.
Question 4: A healthcare employer requires all new hires to pass a drug test. An applicant tests positive for marijuana but holds a valid state medical marijuana card. What is the employer's likely legal position under federal law?
- The employer must accommodate the applicant because state law permits medical marijuana use
- The employer may still refuse to hire because marijuana remains a Schedule I substance under federal law (Correct answer)
- The employer must offer a 30-day grace period for the applicant to stop using marijuana
- The employer is prohibited from testing for marijuana in states with medical marijuana laws
Correct answer: The employer may still refuse to hire because marijuana remains a Schedule I substance under federal law
Because marijuana is still federally classified as a Schedule I controlled substance, most federal courts have upheld employer policies that exclude users even with state medical cards.
Question 5: What does a 'civil background check' typically reveal that a standard criminal check does not?
- Arrests without convictions
- Judgments, liens, and lawsuits from civil court proceedings (Correct answer)
- Sealed juvenile records
- Expunged felonies
Correct answer: Judgments, liens, and lawsuits from civil court proceedings
Civil background checks surface civil court records such as lawsuits, judgments, and financial liens that criminal searches would not capture.
Question 6: Which of the following best describes 'salary history ban' laws that many U.S. states and cities have enacted?
- They require employers to disclose pay ranges in job postings
- They prohibit employers from asking applicants about their previous compensation (Correct answer)
- They mandate equal pay for equal work across gender lines
- They limit how much an employer can increase a new hire's salary over their previous pay
Correct answer: They prohibit employers from asking applicants about their previous compensation
Salary history bans prevent employers from soliciting or using prior pay information to set wages, aiming to break the cycle of pay inequality.
Question 7: An employer uses an AI-powered resume screening tool that disproportionately rejects female candidates. Under what legal framework is this most directly challenged?
- Title VII disparate impact theory (Correct answer)
- ADA undue hardship standard
- FCRA adverse action requirements
- NLRA protected concerted activity
Correct answer: Title VII disparate impact theory
Disparate impact under Title VII applies when a facially neutral practice disproportionately excludes a protected group without business justification, regardless of intent.
USA Pre-Employment Screening 3
A background screening company discovers that an applicant's Social Security number is associated with a different name in federal records.
What is the most appropriate next step for the employer?