USA Pre-Employment Screening 5 â Questions and Answers
Question 1: Under EEOC guidance, which factor is NOT relevant when conducting an individualized assessment of a criminal record?
- The nature and gravity of the offense
- The time elapsed since the offense or sentence
- Whether the applicant is currently enrolled in college (Correct answer)
- The nature of the job sought and its relationship to the offense
Correct answer: Whether the applicant is currently enrolled in college
The EEOC's Green factors focus on offense severity, recency, and job relatednessânot general educational status, which has no direct bearing on recidivism risk for a specific role.
Question 2: A candidate's background report contains an error showing a criminal conviction that actually belongs to someone with a similar name. Under the FCRA, what is the CRA required to do upon dispute?
- Ignore the dispute if the initial investigation was reasonable
- Reinvestigate and correct or delete inaccurate information within 30 days (Correct answer)
- Refer the matter to the employer for resolution
- Remove all negative items regardless of accuracy within 5 business days
Correct answer: Reinvestigate and correct or delete inaccurate information within 30 days
When a consumer disputes information, the FCRA requires the CRA to reinvestigate and correct or delete inaccurate or unverifiable items, typically within 30 days.
Question 3: What distinguishes a 'statewide' criminal search from a 'county' criminal search in the context of background screening?
- A statewide search uses a centralized state repository, while a county search checks courthouse records at the local level (Correct answer)
- A statewide search is always more comprehensive and up-to-date than a county search
- A county search includes federal records, while a statewide search does not
- A statewide search is only available for felony records
Correct answer: A statewide search uses a centralized state repository, while a county search checks courthouse records at the local level
Statewide searches query a central state repository, which may lag in updates, while county searches pull directly from courthouse records and tend to be more current.
Question 4: Which of the following is a lawful pre-employment medical inquiry under the ADA?
- Asking whether the applicant has ever been hospitalized
- Asking the applicant to describe any medications they currently take
- Asking whether the applicant can perform the essential functions of the job with or without reasonable accommodation (Correct answer)
- Requiring a full physical exam before extending a conditional offer
Correct answer: Asking whether the applicant can perform the essential functions of the job with or without reasonable accommodation
Before a conditional offer, employers may only ask whether applicants can perform essential job functions; detailed medical questions are permitted only post-offer.
Question 5: An applicant voluntarily discloses a past DUI conviction on their application. The employer is in a state where DUI records are expunged after seven years. What is the correct approach?
- Use the conviction as a disqualifying factor since the candidate self-disclosed
- Ignore the disclosure entirely and focus only on the official background check result
- Conduct an individualized assessment considering the job's requirements and the age of the offense (Correct answer)
- Report the candidate to the DMV for additional verification
Correct answer: Conduct an individualized assessment considering the job's requirements and the age of the offense
Even with voluntary disclosure, the employer should apply the same individualized assessment frameworkâespecially since the offense may be legally expunged and thus not officially reportable.
Question 6: What is the key difference between a 'national criminal database' search and a direct courthouse search in employment screening?
- The national database is government-operated and always legally authoritative
- The national database aggregates records from many jurisdictions but may be incomplete or outdated, while courthouse searches are primary sources (Correct answer)
- Courthouse searches are only valid in felony cases
- The national database includes sealed and expunged records by default
Correct answer: The national database aggregates records from many jurisdictions but may be incomplete or outdated, while courthouse searches are primary sources
National criminal databases compile records from multiple sources but can have gaps, errors, or delays; courthouse searches pull directly from primary records and are considered the gold standard.
Question 7: A remote worker hired in California refuses to comply with a Texas-based employer's drug screening policy that includes marijuana testing. Which legal principle governs this dispute?
- The employer's home-state law always controls for remote workers
- The law of the state where the employee performs work typically applies to employment conditions (Correct answer)
- Federal marijuana law overrides all state employment protections nationwide
- OSHA decides which state's drug-testing rules apply
Correct answer: The law of the state where the employee performs work typically applies to employment conditions
In most cases, the employment laws of the state where the employee physically worksâhere Californiaâgovern working conditions, including drug testing rules, for remote employees.
USA Pre-Employment Screening 5
Under EEOC guidance, which factor is NOT relevant when conducting an individualized assessment of a criminal record?